Yesterday I served as a lecturer for the Missouri Bar regarding a continuing legal education course regarding traffic stops for lawyers. Lawyers, like most professionals, are required to obtain so many hours each year of continuing education. The course material presented covered a variety of topics involving traffic stops ranging from an officer’s authority to initiate a traffic stop of a vehicle to challenging the constitutionality of a traffic stop, the seizure of the driver or passenger and subsequent search of the vehicle.
The general public might be surprised to learn that officers are not limited to stopping vehicles for only traffic violations. Law enforcement can initiate traffic stops for a variety of reasons including whether or not the officer believes a vehicle may be operating in an unusual manner such as operating too slowly or weaving in a lane of traffic. And there is no limitation on how long an officer can follow a vehicle before pulling it over. So long as the officer can justify the traffic stop, courts have regularly determined that there is no violation of a driver’s constitutional rights to be free from an unreasonable seizure whether under the Fourth Amendment to the United States Constitution or the Missouri Constitution. This may explain why cops or highway patrol might follow a vehicle for several miles before pulling a vehicle over. Anonymous tips can even form a basis for a traffic stop where the officer did not observe any other traffic violations.
Once the traffic stop occurs, the officer has the right to request identification and proof of insurance. During this time, if the officer observes anything that leads him to believe that there may be evidence of further criminal activity, the officer has the right to detain the driver further. Evidence of criminal activity could include, but is not limited to, the smell of marijuana or alcohol, suspicious movements by the driver or passenger, or behaviors or indicators that suggest the driver may be under the influence of alcohol or a drug.
Please note that if you or someone you know has been stopped and arrested arising from a traffic stop of your car or vehicle that the driver (and sometimes the passenger) have certain rights. For more information please contact a criminal defense lawyer at (573) 821-4013 or by email at scotthamblin@brydonlaw.com.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I cannot say enough good things about Scott Hamblin and his team. From the beginning, Scott was extremely organized, thorough, and realistic. He was always honest with me about my options and what to expect, and he never made promises he couldn't guarantee. At the same time, he was confident, strategic, and fully prepared. Going into trial, I knew we had challenges. It was clear the guardian ad litem's position was biased and not favorable to me, and at times, it felt like the odds were stacked against me. However, Scott's preparation, command of the facts, and ability to clearly…
If you are looking for an attorney who always strives to win, Scott is your number one choice. He is here for you and is there to win the case. I believe he has the best of intentions to do the job he is hired for every time. Best of all, he takes pride in his work!! If you are reading this, there is no need to look any further.
Going to court is, without a doubt, the scariest and my stressful thing that I have ever done. All the legalities and unknowns are all you can think about, and having a good attorney to ease some of those worries is essential. From the first day we met Mr. Hamblin, he has been kind, understanding, and patient with us. He was great at listening and giving us options. Also, when needed, he communicated when we were being unreasonable. Honestly, we have all been a little unreasonable when frustrated, but I was glad he communicated that before we went to court.…
This is where I found myself about a year ago – reading Scott Hamblin’s Google reviews and wondering who I should turn to for help. My ex-wife (a former family law attorney) was trying to relocate our two children out of state. I’m not an attorney. I didn’t yet live in Cole County. I read Scott’s bio and his reviews and decided to take a chance. It was one of the best decisions I made during the most difficult year of my life. Scott is a trial attorney, and he is a pro. He set clear expectations about the case,…
When first starting out I wasn't sure who could handle my situation I was in I did some research on Google and found Scott Hamblin and read the reviews I ended up hiring Scott Hamblin and I was in a situation where the Mom was making really bad allegations and alienating me from my Child but in the end Scott Hamblin was a great lawyer he did his job extremely well and was able to get my son back to me I definitely would recommend him to anyone that is in need with any kind of legal or family case.
Attorney Hamblin is extremely professional, kind, and caring. We hired him for a family law case. We won!! He was prepared for the case and did an excellent job. I would highly recommend him. I trust him so much that I’m planning to have him help us with our will next. I deeply appreciate how hard he worked for us.
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that I have my children with me now and could not be happier. Thank you Scott for fighting for me. If I ever need an attorney again, Scott Hamblin will be the one that I am going to call.
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that I had and, helped me along the way to make the best decisions for my case with my financial situation in mind. Scott left no rock unturned in the trial and was extremely prepared for the case. After a long 2 days' worth of trial,…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
For accessible and experienced representation, contact attorney Scott Hamblin today.
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