I subscribe to Southern Drawl Law on YouTube and appreciate solid discussion about your rights and how to defend them.
In this show, Tennessee laywer James White gives us four cases before Texas judge David Fleischer who demands more from cops than generally they give. Their key duty is to carry 100 percent of the burden of proof in a criminal matter. If a cop suspects DUI, he has to have “reasonable articulable suspicion” before making the arrest (a “traffic stop” is an arrest).
Mr. White explains that most police or deputy charging instruments are legally insufficient. They don’t carry enough facts to establish probable cause. They fail in their charging instruments to build out or lay out the facts that constitute probable cause.
This observation is true whether the case is DUI or “driving on suspended,” which is a frequent occurence.
The explanations of Mr. White — coupled wih skeptical treatment Judge Fleischer gives to prosecutor’s hasty readings of the charges — are valuable.
Cops and prosecutors often render their claims as conclusions of law, rather than patterns of fact. Doing so is ground for objection.
Eagle Radio Network midstate bureau chief Christopher Sapp and I recommend this presentation. Mr. White is in Tennessee at james@southerndrawllaw.com.
