Defenses
The “Winning At Trial” article is not just for those who are planning on taking their case to a trial. The defenses that the lawyers explore and use to win at trial are the same areas that a good lawyer will use to show the prosecutor that their case is weak so they can negotiate a good plea bargain. Read on about attacking the field sobriety tests, using the “rising blood alcohol” defense, challenging the reliability of the breath machine and blood testing protocols, and contesting the officer’s credibility. You will be surprised at what approaches are available for your case.
The "Winning At Trial" article is not just for those who are planning on taking their case to a trial. The defenses that the lawyers explore and use to win at trial are the same areas that a good DUI lawyer will use to show the prosecutor that their case is weak so they can negotiate a good plea bargain. Read on about attacking the field sobriety tests, using the "rising blood alcohol" defense, challenging the reliability of the breath machine and blood testing protocols, and contesting the officer's credibility. You will be surprised at what approaches are available for your case.
Winning At Trial
Common Defenses Lawyers Use To Get That "Not Guilty" Verdict
You're probably wondering how your lawyer will attempt to prove your innocence. Here's a taste of some of the arguments he/she might use to win your case:
1) The Field Sobriety Tests (F.S.T.'s) are Subjective and Designed for Failure.
You're probably familiar with the tests cops give out when they suspect you are driving under the influence. You may be asked to walk a straight line, touch your nose, or even recite the alphabet. This presents a problem because most individuals are pulled over for drunk driving late at night. They're usually extremely tired and frightened at the possibility of being arrested. If a person naturally lacks coordination, happens to stutter when speaking, or goes about a test slightly different from demonstrated, the cop will automatically assume he/she is driving under the influence. But the fact is, many people would fail these tests even if they were completely sober! The F.S.T's measure coordination more than intoxication, and most lawyers have little trouble proving how subjective and unreliable they are to a jury.
2) Your Blood Alcohol Level Was Not Over The Limit When You Were Actually Driving.
Pretend you downed your last drink at a bar and then drove home immediately afterward. It takes time for alcohol to be absorbed into your bloodstream, so there's a good possibility that you weren't feeling the effects of that drink while you were driving. Yet an hour or so can easily go by between when you were pulled over and when a blood or breath test was administered. So how do the cops know your BAC was actually over the limit when you were driving? DUI lawyers can often use this discrepancy to your advantage in defending your case.
3) The Breath Test Results Are Unreliable.
There are many ways the breath test machine can inaccurately measure your blood alcohol level. Police officers do not usually follow the necessary protocols when using these machines. For instance, if you burp or vomit between the time you were pulled over and the time you blow into this machine, the acid from your stomach can cause a much higher reading. Does this mean your BAC was actually that high while you were driving? A good DUI attorney can usually prove that it wasn't. Medical issues such as acid reflux, certain types of hernias, diabetes, dental concerns such as recent tooth extractions, periodontal conditions, bridgework, dentures, or even tongue piercing can cause these breath machines to register a result much higher than the subject's true BAC.
4) The Officer's Testimony is Not Sufficient To Convict You.
DUI lawyers know how to challenge an officer's testimony from many different angles. First off, if you were not lawfully stopped or arrested, the entire case can be dismissed. Although a cop needs to have sufficient reason for pulling you over, many officers arbitrarily pick their victims. Some even conduct random unwarranted DUI checks! Cops have a habit of exaggerating and deliberately lying to explain their reasons for arresting a subject. An officer's memory can also be challenged, considering how hard it is to remember one specific DUI case by the time it reaches the courtroom. It usually takes months for a case to go to trial. An experienced, knowledgeable California DUI lawyer will take all these points into consideration and use them to expose the weaknesses of your officer's testimony.
|
|
