DUI Representation

 Home / Practice Areas / DUI Representation

DUI Case Law

United States Case Law Decisions:

1. Bell v. Burson

As we all learned in Driver's Education Classes, when the State issues us our driver's license it is considered a privilege not a right. However, in this important Supreme Court case, the United States Supreme Court recognized that a driver's license "continued possession may become essential in the livelihood". Because of this value, the court also held that licenses not to be taken away without procedural due process required by the Fourteenth Amendment.

2. Mapp v. Ohio

This landmark case is one in which the United States Supreme Court established the "Exclusionary Rule". By holding that "all evidence obtained by searches and seizures in violation of the Constitution is, by the Fourth Amendment is inadmissible in a State Court".

Supreme Court Cases:

1. Ohio v. Holman

This case held that field sobriety tests are not allowed to establish probable cause unless performed to standard.

2. Knowles v. Iowa

Officers are not allowed to search beyond what is necessary to ensure officer safety during a routine traffic stop.

3. United States v. Lambert

A defendant was seized while agents held his driver's license for over 20 minutes. For purposes of law, Lambert was considered seized and thus his Miranda Rights kicked in.

4. United States v. Buchannan

In this case, defendants were seized when law enforcement officers separated them from their vehicle. Again, seizure triggers Miranda Rights.

5. United States v. Mitchell

The important decision in this case was the ruling that a defendant retains his Constitutionally protected rights against self-incrimination through the sentencing phase of his proceedings.

6. United States v. J.L.

A seizure can not be made under an uncorroborated nameless tip.

Email Attorney John Fuhrman Feel free to get in touch with your questions and we will get back to you as soon as possible.

Copyright © Fuhrman Law Offices
Site managed by Axsen