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roadside Tag

13 September
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What Kinds of Roadside Questions Require a Miranda Warning?

Posted by Clint
in Blog
What Kinds of Roadside Questions Require a Miranda Warning?

Roadside questions from law enforcement – are they legal if you have not been given a Miranda warning? What kinds of questions can the police ask? Two key Supreme Court opinions in the cases of Berkemer v. McCarty and Pennsylvania v. Muniz address and (mostly) answer these common queries in the context of DUI cases. In Berkemer v. McCarty, 468 U.S. 420 (1984), a police officer pulled over a driver whose car was swerving in and out of its traffic lane. After the officer pulled over the driver and noticed his difficulty standing and slurred speech, the officer asked the driver...

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26 June
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Are Standardized Field Sobriety Tests Legal in Oklahoma?

Posted by rainmakeradmin
in Blog
Are Standardized Field Sobriety Tests Legal in Oklahoma?

A recent court decision and changes to Oklahoma law have called into question whether Standardized Field Sobriety Tests (SFSTs) are really “legal” or “accepted” in Oklahoma. While law enforcement officers still administer the tests, defendants frequently question their reliability and their administration in court as part of a DUI defense strategy. SFSTs are field tests administered on the roadside at a traffic stop to drivers suspected of driving under the influence of alcohol. Usually, the tests used are approved by the National Highway Traffic Safety Administration (NHTSA). The basic tests are: the Horizontal Gaze Nystagmus, the Walk and Turn, and the...

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02 June
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What to Do at a Traffic Stop

Posted by rainmakeradmin
in Blog
What to Do at a Traffic Stop

As a driver, it is important to be aware of your rights if you are pulled over by the police. Many drivers remember traffic stop scenes they see on television or in the movies but are not familiar with the legal requirements for police and drivers to follow when interacting on the roadside. Here are a few tips. First, pull over quickly and safely by using your turn signals and stopping on the side of the road. Roll down your window, turn off the engine, and put your hands on the steering wheel. Do not reach for the glove compartment or...

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