For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.
Any driving under the influence (DUI) case is only as good as its evidence. In some cases, the state has evidence against you that won't stand up in court. Your criminal defense lawyer's job is to cast doubt on the state's case by scrutinizing and degrading the evidence. In some cases, that job is not as difficult as you might think. Read on and find out more.
Getting Evidence Thrown Out
Cases are built upon evidence. Plea bargains, discovery, and courtroom practices all present opportunities to discredit evidence against DUI defendants. For example, if the primary evidence against you is the blood alcohol results, the case could fall apart if the results of the breathalyzer or blood work are invalid.
What follows are some common ways that DUI evidence may be challenged and potentially suppressed.
Illegal stop or arrest: If the police did not have a valid reason for pulling you over or arresting you for DUI, any evidence obtained because of the stop or arrest may be inadmissible in court. Each case begins when the blue lights are lit. From that point, everything law enforcement does must be legal.
Improper administration of field sobriety tests: Field sobriety tests, such as the walk-and-turn test or the one-leg stand test, must be administered properly to be admissible in court. If the officer did not follow proper protocol or gave confusing or misleading instructions, the results of the tests may be challenged.
Inaccurate breathalyzer test: Breathalyzer tests are notoriously inaccurate and can be affected by several factors, including the calibration of the machine and the presence of mouth alcohol. If there is evidence to suggest that the breathalyzer test was not properly calibrated or administered, the results may be challenged.
Lack of probable cause: To obtain a search warrant, the police must have probable cause to believe that you were driving under the influence of alcohol or drugs. If there is insufficient evidence to support a finding of probable cause, any evidence obtained because of the search may be inadmissible in court.
Miranda violations: If the police failed to inform you of your Miranda rights before questioning you, any statements or admissions you made may be inadmissible in court.
Every case is unique, and the specific defenses that may be available to you will depend on the facts and circumstances of your case. If you are facing DUI charges, it is important to seek the advice of an experienced criminal defense attorney who can help you understand your legal options and defend your rights.
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4 May 2023