Legal Questions: Do I Have to Consent to a Search?

There are many reasons why you may be seeing those flashing lights in your review mirror - going over the speed limit, not having your headlights on, or even erratic driving. For many individuals getting pulled over will result in an officer asking for your driver’s license and proof of insurance, and afterward, they will give you a warning or a ticket and you’ll be on your way. For some, however, the officer may investigate further. The topic is rather complicated, but a probable cause can definitely play a role in the situation. Here are a few things to keep in mind.

What is Probable Cause?

The definition of probable cause is when there is a reasonable basis for believing that a crime may have been committed or when evidence of the crime is present in the place to be searched.

This can be a tricky notion, but remember that having a lawyer to represent you after the fact can be extremely important. In some cases, if the officer searches your vehicle without probable cause, there’s a chance that anything found could be dismissed in court - but this is all dependent on the situation and having a Missouri lawyer representing you is crucial.

What Counts as Probable Cause?

This is actually a complicated legal matter that is debated among legal professionals. In many cases, it’s going to be up to the officer in question - as it could only require a smell or sight of contraband.

Just remember that an officer does not need a warrant to search a person’s car because there is an automobile exception. Even if an officer has probable cause, they may still ask permission so that they won’t have to handle the search being challenged in court later.

Right to Refuse

The 4th Amendment does provide you the right to politely refuse a search. This situation will be up to you, though. If you feel that they do not have probable cause, and an officer requests permission to look in your car, you have the right to refuse. 

Remain Respectful

If you are flagged down by an officer, you should pull over safely and as fast as possible. As with any case involving someone in charge, remain respectful, polite, and calm.

 

Do you have questions about how to handle this situation? Or perhaps you have had your vehicle searched without permission? Or maybe you consented to a search because you were uncertain about the appropriate response and you need legal protection at the Lake of the Ozarks. Whatever your reason, Gibbons Law Firm offers FREE consultations. Give us a call at 573-348-2211, we would be glad to talk to you about your situation and help you move forward with legal protection.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter

Road Trip Safety Tips for Your End of Summer Trip

August is a popular month for those last-minute road trips before school is back in session. As summer comes to a close, there's still plenty of time to squeeze in a road trip with your friends and family. If you're planning a road trip this August, it's important to practice safe driving habits. As your experienced lawyer at the Lake of the Ozarks, we know how unsafe driving habits can impact your entire life. Take a look below to learn some safety tips for your upcoming road trip.

Click It Or Ticket

Always buckle your seat belt when riding in a vehicle. As a driver, you should not put the vehicle in drive before everyone in the car is buckled up. If you happen to be involved in a vehicle accident during your road trip, your seat belt can help keep you in place and safe during the collision.

Avoid Blind Spots

There are a number of other vehicles and semi trucks on the roadways this summer. Try to avoid driving in another vehicle's blind spot. They may be unaware of your whereabouts if you are in a blind spot. This can help prevent an unexpected collision from being in a blind spot of another vehicle.

Drive When Well Rested

Drowsy driving creates a similar condition as driving under the influence. Don't get behind the wheel if you are not well rested. Being tired can delay your reaction time and create a dangerous environment on the roadway. If you are feeling drowsy, consider taking a quick nap or ask one of your passengers to drive, if they are of age and feeling up to it.

Put the Phone Down

Distracted driving is the cause of many accidents on the roadway. Texting and driving is one of the most popular distractors behind the wheel. For a safer road trip for your vehicle and others on the road, don't text and drive. If you get a message you can have someone else check the text OR leave it alone and check it yourself at a later time, when you're not driving.

Keep an Eye on the Weather

Weather can create dangerous traveling conditions. Whether it's a thunderstorm or downpour, these types of weather changes can lead to low visibility. If you don't have a clear view of the road, you have a higher chance of being involved in an accident. If the weather takes a turn for the worse, it's a good idea to pull off the road in a safe location and wait for the storm to pass.

Now that you know these road trip safety tips, you're ready to head out on your end of summer excursion. Whether you're heading to visit family, take your kids to a popular destination, or getting away for a weekend with friends, safety should be top of mind. Your road trip should be memorable but in a good way! If you happen to be involved in an accident while on a road trip, contact our Lake of the Ozarks personal injury attorney right away. Gibbons Law Firm can help represent your side of the case and help you navigate through the legal process. Your first consultation with our Lake of the Ozarks law firm is always FREE!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

Driving Tips for Holiday Travel

It's that time of year again! As the holiday season rolls around, a number of families plan their road trips. Whether you're visiting family or getting away with your loved ones for a vacation, the roadways become busier and busier. With the increase in traffic, it's important to help make the roads a safe place for you and everyone on the road. As your Lake of the Ozarks lawyer, I'd like to remind everyone of a few ways to improve the road conditions with these driving tips below.

Our personal injury lawyer at the Lake of the Ozarks is here for you as you travel throughout the holiday season. If you happen to be involved in a collision or other incident, Gibbons Law Firm is one call away! Our law firm can help you sort out an incident that may have occurred while on a road trip with your family, especially if an injury was sustained.

Driving Safety Tips:

Leave Plenty of Room
It's recommended to leave one car length per every ten miles an hour you are traveling. This allows adequate time for you to stop in a hurry if needed. Many incidents that occur on the roadways are due to drivers following too closely. It's important to increase driving distance if there are any other factors in the driving conditions - like fog, rain, or snow.

Put the Phone Down
While it isn't illegal to text and drive if you are over the age of 21, it's strongly advised against. Distracted driving is very dangerous to yourself and others on the road. The road ahead of you can change in a split second, even during the short amount time you look down at your phone. Keep your full attention on the road at all times while operating a motor vehicle.

Designate a Driver
Always designate a driver for you and your group if you choose to partake in adult beverages as the holiday season approaches. It can be fun to get together with old friends and celebrate the upcoming holidays with new acquaintances, but it's important to think ahead and have a way to get home. Even if it means calling a cab, it makes for safer roadways for everyone involved (and helps keep you out of legal trouble).

Rest Well Before Departure
Many times traveling during the holidays lead to leaving early or departing late at night to make it to your destination. Driving drowsy can hinder your ability to make quick reactions to changing conditions on the roadways. Always ensure your driver is well-rested before heading out on a holiday road trip.

Keep an Eye on the Weather
The risk of freezing rain or snow increase as the temperature drops during the holiday season. Even if the forecast is clear when you depart for your destination, be sure to check it on a regular basis to ensure no significant changes have come about. For a pleasant travel experience during the upcoming holidays, try to avoid driving on slick roads.

As your general practice law firm at the Lake of the Ozarks, our entire staff wishes you and yours a safe and happy holiday season. The safety tips above can help keep you and your family safe this weekend. If you are unfortunate enough to be involved in a vehicle accident and injured at someone else's fault, a personal injury attorney near Lake Ozark, MO can help you through the process. Contact us today to learn how we can help you defend your case!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+