Charlotte DWI Attorney Brad Smith answers the question, “Can the police search my car without a warrant?”
Statewide DUI Legal Norms
DUI legal norms vary from jurisdiction to jurisdiction in the United States. In most areas, a police officer uses a combination of visual observations, field sobriety tests, and breathalyzer tests to determine if a person is intoxicated.
In most jurisdictions, a driver with a blood alcohol concentration (BAC) of 0.08 percent or more is legally intoxicated. Even if the driver has a lower alcohol level, a police officer may find that the driver’s lack of alcohol is preventing them from driving their vehicle safely.
Arrest Warrants in North Carolina Don’t Expire – Contact a Criminal Defense Attorney to Surrender Safely
Our experienced criminal defense attorneys in North Carolina know that being arrested for a felony is a source of fear and anxiety can stress even before you have responded to it.
Because the criminal process can be lengthy and full of uncertainty, it’s important to speak with an experienced criminal defense attorney to discuss the warrant and your criminal record so you understand your rights and options as a defense. Strategies and are protected throughout the court process.
What about the right to a speedy trial?
Criminal suspects and defendants have the right to a speedy trial. This right is guaranteed by the Sixth Amendment. It is also enshrined in most state constitutions. If a police officer fails to execute an arrest warrant within a reasonable time in the indictment document, he may be violating this important fundamental right.
In California, defendants who have been arrested long after the alleged crime may file a Serna claim through their criminal defense attorney. The name of this application comes from the Serna v. Superior Court of the California Superior Court.6 This motion may argue that the defendant’s right to a speedy trial under the Sixth Amendment and Article I, Section 15 of the California State Constitution has been violated
your information with you fingertips
Local police, along with all other state and federal criminal justice organizations, use the National Center for Crime Information (NCIC) database to look up warrants and related records. on people quitting. Using the system is easy and quick: if you’ve ever been pulled over or had a routine vehicle stop, chances are your driver’s license has gone through the system to show pending search warrants. Of course, that doesn’t happen every time, so just because you were involved with a cop doesn’t necessarily mean you’re clean.
Even then, a positive NCIC result is not considered a “probable cause” for an arrest. The investigating officer (i.e. arresting officer) should contact the authority that issued the warrant to confirm that the information is correct. In this case, the police can make an arrest.