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If you are charged for a DUI, before you are found guilty, there is a series of procedures that must be followed. In some situations, a case is dismissed from the onset even before the accused parts goes to court.
After an arrest, the arresting officer compiles a report and takes it to the office of the prosecutor. The prosecutor will look at the report and determine whether or not the evidence is enough to charge you and to take your case to trial. If the evidence is not enough, the case may be withdrawn even before it goes to court.
However, if a case reaches trial, you can be able to have it dismissed. Your DUI lawyer will help you determine the strong and weak points of the case and device a strategy to have it dismissed, or to have the charges reduced. Here are some of the circumstances that could lead to a dismissal of your case.
An Invalid Traffic Stop
Before a police officer asks you to pull over, they are required to have reasonable suspicion that you have committed a crime. Reasonable suspicion entails anything from erratic driving, weaving, speeding, or a mechanical violation like a broken taillight. Where an officer does not have reasonable suspicion, evidence obtained from the wrongful traffic stop may be suppressed in accordance with the 4th Amendment. This means any results of field sobriety and chemical tests you take, or even your statement to the officer, will be considered null and void.
For example, Joseph is driving near a popular city bar but has not violated any traffic laws. The officer has no valid reasons for stopping Joseph and any evidence acquired as a result will not be committed to evidence in accordance with the exclusionary rule. This includes signs of drunkenness such as red eyes, unsteady gait, or slurred speech.
There are three common tests for determining whether a driver is too impaired to operate a vehicle. These include horizontal gaze nystagamus also known as HGN, walk and turn test also known as WAT, and one leg stand also known as OLS. Often times these tests are susceptible to human error. Your attorney can challenge this evidence by stating that the tests were conducted around a poorly lit pavement, the driver was wearing improper shoes like sandals or high heels, or the officer did not explain the instructions for taking the test.
For example, if Dan takes a HGN test, his lawyer can explain the reason for involuntary eye movement as a medication that mimics the involuntary eye movement that is similar to alcohol impairment.
In case of a urine, breath, or blood test, you can challenge the results by claiming the breathalyzer was not properly calibrated. For example, if Dan takes a chemical test, his lawyer can claim that the paramedic was not trained or that the draw was not administered properly.
Furthermore, Dan’s lawyer can claim that the blood sample was not stored properly or that it was contaminated hence the inaccurate results.
You Were not The Driver
Although this defense is based on fact other than technicality, in some circumstances, the prosecution is unable to show beyond reasonable doubt that you were driving the vehicle. This scenario is common when a police officer arrives at an accident scene involving a single vehicle and no one witnessed who the driver was and the vehicle has passengers. This defense works if the defendant never admitted to driving the car and where the vehicle is not registered in their name. The defense also works where a police officer finds the defendant drunk in a parked car. The onus is on the prosecutor to show that you were the driver and that you were driving while intoxicated.
If you have been convicted for a DUI case, you do not need to worry if your case has not gone to trial. Furthermore, if your case goes to trial, there is a chance it can be withdrawn. Hiring an experienced and skillful defense lawyer will increase your chances of having the case dismissed. Some of the main grounds your DUI case may be dismissed include; if you were stopped by the traffic police unlawfully, if the evidence against you is inaccurate, and if you were not the driver of a vehicle involved in an accident.