You can beat a DUI charge by identifying legal flaws or doubts about any key evidence required to convict under VC 23152. Inaccurate BAC breathalyzer tests, police errors, medical conditions, and dozens of DUI defenses can be used to fight a DUI and have DUI cases dismissed or charges reduced. You can fight DUI charges by arguing that you were simply driving erratically or poorly, but you were NOT driving under the influence of alcohol. This superior DUI defense is especially useful with charges that you were “driving under the influence” under Vehicle Code 23152 (a) VC, 4 An experienced DUI lawyer can defend you against DUI charges, including charges of VC 23152 (a), by addressing the “innocent explanations” that could have led to those signs. For example, falsely high BAC results can also be the basis for successful legal defense to DUI charges, particularly charges for which the defendant drove with a BAC of 0.08 or greater under Vehicle Code 23152 (b) VC.
However, in cross-examination, Tim's DUI defense attorney has the officer admit that the 15-minute period took place during the trip to the station. Tim was alone in the back seat during this time. The officer is forced to admit that he could not have seen Tim burp, burp, hiccup, or regurgitate, which could have inflated Tim's BAC results. Title 17 violations in the administration of DUI blood tests can be used to fight DUI charges.
If Title 17 regulations are not strictly observed, your DUI breath test or blood test results could be affected. An experienced DUI defense attorney can use non-compliance with a single regulation to challenge your entire DUI investigation and successfully defend against DUI charges. After the Ventura County District Attorney examines her expert witness, the DUI criminalist, the jury hears that Rick's blood test revealed 0.10% BAC. But during the cross-examination conducted by Rick's DUI defense lawyer, the criminalist is forced to admit that the preservative contained in the vial used to collect and store the blood sample had expired, and that the arresting officer did not shake or store the sample properly, two violations of Title 17. Therefore, Rick's DUI lawyer is able to convince the jury that these Title 17 violations could have invalidated Rick's 0.10% result and that Rick should be found not guilty of DUI.
According to Burbank DUI defense attorney John Murray12, medically knowledgeable DUI defense attorneys know that medical conditions such as diabetes and certain popular diets can form the basis of a successful defense to DUI charges under Vehicle Code 23152 (a) or 23152 (b). Failure by police to follow proper procedures is a powerful defense against California VC 23152 charges, as it is against charges of many other crimes. Yes, and there are many ways to do it. First, you must have the courage to stand up and fight for yourself and not just bow your head and plead guilty.
Second, you must use the tools available to fight the charges. The tools include not only a legal defense toolbox, but also the ability and knowledge to use the facts of your case to clarify where there is reasonable doubt or even to prove your innocence. Yes, you can exceed a DUI charge, regardless of your test results and the legal limit. If you want to beat a DUI, you have to choose the right lawyer.
Use this list as a tool to help select the right representation for your case. Remember, if you plead guilty, you will be found guilty 100% of the time. But when you hire a properly trained, knowledgeable and experienced lawyer to represent you, your chances of obtaining an acceptable outcome increase dramatically. This is the biggest mistake made by lawyers who have no idea what they are doing.
You can't beat a DUI if you drop 90% of the case, right? It's like spotting 50 points for the other team in football. Ask the lawyer if you are familiar with the area of the stop or accident. If not, ask them if they plan to go to the scene on their own. Examining the scene gives the lawyer the in-depth knowledge necessary to confidently interrogate the arresting officer regarding a wide variety of issues that may be relevant.
For example, knowing the presence of a pothole or other similar obstruction in the road can help explain that a vehicle is deviating. This and the photographs showing that it could contradict the officer's presumption that the vehicle that deviated was the result of deterioration. In addition, photographs and even video of the scene can be useful as a demonstration aid for a judge or jury to understand why the terrain was not suitable for road tests. This is how you beat a DUI.
A pretrial motion must be filed and argued in almost every case. Especially if your original attorney messed up the case and waived the preliminary hearing. Even if the motion is not successful in terms of not achieving the goal (for example,. It serves as a means to limit or dismiss the officer's testimony at trial.
If you want to beat a DUI, your lawyer has to use everything. Between the three standardized field sobriety tests (SFST) and the administration of a preliminary breath test device (PBT), the arresting officer almost always makes mistakes. We haven't yet seen the perfect DUI investigation among the tens of thousands we've analyzed over our 20 years. You wouldn't see a general family doctor if you had a complex illness, such as cancer.
Someone who is intimately familiar with that type of cancer. The same goes for the law. DUI defense has become a specialty. Beat a DUI by Hiring a DUI Lawyer, Not Someone Who Does Many Other Areas of Law.
This is something you can't afford to do if you want to beat a DUI. Just like if you plead guilty, you will be found guilty 100% of the time. If you waive a preliminary hearing and don't contest the charges, you'll always go to trial. This first and best opportunity to cross-examine the officer and any witnesses involved is in this crucial first step.
Having the hearing helps establish the record early in the proceedings. Charges are dismissed at a preliminary hearing. The testimony proves to be an immensely valuable “discovery tool”. DUI felony sentencing will take place after a probation court hearing if the defendant is found guilty.
You will need an attorney for all parts of this process. INCORRECT VEHICLE STOP: A driver cannot be stopped unless the officer has a reasonable and articulable basis for believing that a traffic law or other law has been violated. In a nutshell, the officer must have Probable Cause (or PC) for the arrest. Besides, the officer has to see it.
It is not lawful to stop a vehicle based on an anonymous citizen's report that someone is driving drunk. If proper maintenance protocols are not followed, you can overcome your DUI regardless of alcohol level. It's nearly impossible to beat a DUI without the legal knowledge of a qualified criminal defense attorney. .