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.
My husband and I hired Mr Hamblin for a criminal matter that happen to me by accident I had some issues that happen and I have never been in any trouble. However I did some research on criminal defense attorneys and Mr. Hamblin named appeared. I did some research on him and found that he use to be a prosecuting attorney. Any way making a long story short we hired Mr . Hamblin for my defense lawyer,he did not judge me for what had happened, he provided me with straight foward answers and he knew the law very well I…
Fabulous attorney!!
Scott did a great job handling our custody case. He fought for us every step of the way and got things done quickly. He even refunded over half of our retainer because he got the case handled quicker than expected. I would recommend him to anyone.
Scott is an extremely knowledgeable lawyer. Gives his 100% on every case.
I'm not sure where the one star review came from, but Scott is a wonderful attorney! He did such a great job, didn't rush me in my consultation and helped me win my case! Thanks again Scott!
Helped my family with a variety of issues!
Scott Hamblin represented my company in a civil litigation. He was incredibly responsive and knowledgeable. His incredible passion to do the very best for his clients was not only apparent it was effective when we were able to gain the results we were looking for. I highly recommend Scott Hamblin for your legal needs.
My husband and I have used Scott as our lawyer for adoption , he was very professional as well as caring in the case. He also helped us with our personal Wills, Durable Power of Attorney, and our Health Directives. He is very thorough and explains everything step by step, and answers any questions you may have to make you feel 100% secure. We would use Scott for all and any matters requiring a lawyer. Thank you Scott, you are a top notch lawyer.
Scott did an excellent job. He was available as needed and always listened. He responded quickly to e-mails or phone calls. He didn't just "tell me what to do." Instead, he listened to my input and helped me make informed decisions. I always felt as though he had time for me as a client.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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