I have never been one of those people who runs with the wrong crowd, but about six months ago, I knew that I was in trouble. I was with someone when she did something against the law, and it made me a suspected accomplice. I knew that I needed help to prove my innocence regarding the involvement, so I started going through and talking with different criminal attorneys. I was able to find a great lawyer that really understood my position, and he did everything possible to prove my innocence. This blog is all about proving your innocence in court, so that you can move on with your life.
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When it comes to beating your driver under the influence (DUI) charge, the only way to mount a successful outcome is to use a totally thorough and credible DUI defense strategy. Your DUI defense attorney may use strategies such as obtaining a reduced charge, or even having this serious charge completely dismissed for one reason or another, which is considered to be legal in a court of law. So what are some of the strategies that could work in your favor as a defendant? First of all, go ahead and hire an experienced DUI attorney who will formulate a unique defense for your case.
Reasonable DUI Suspicion
Your lawyer, after close examination of the facts in your case, may recognize that there is reasonable suspicion about how the law enforcement officer arrived at the charge you now face. The United States Constitution states that a law enforcement officer cannot pull you over as a private citizen without first having a reasonable suspicion that you are engaged in the criminal activity of DUI.
Your attorney can argue that the officer did not observe you committing any crime whatsoever, nor was there a mechanical problem with your vehicle as you were driving. The officer cannot simply pull you over on a whim. If there is no evidence to back up law enforcement's charge, your attorney will ride the waves on this issue and have your charges lessened, or completely dismissed, as the case warrants.
Improper Contamination Of Blood Sample
Your attorney may challenge the way your blood sample was handled while in the hands of law enforcement. Your blood sample must be handled so as to avoid contamination, fermentation, or mislabeling. If the integrity of the sample is questionable, the case will not hold up in a court of law. It's your attorney who, through investigation, discovers these faults and has the case thrown out of court. You will definitely benefit from the wisdom of your DUI attorney in this scenario.
State Rules Of Civil Procedure
There are state rules of civil procedure that forbid the use of hearsay, as well as the use of deliberate and improper character evidence against you. Consider also that a dashboard camera is not enough evidence to show the officer's presence for your field sobriety tests (FST). The officer must testify in court that he was indeed present for the FST and can identify you as the defendant in that photograph, and also identify the recording as a valid FST recording. Otherwise, the recording is excluded as evidence.
Your attorney can then move for your case to be dismissed. You clearly need a skilled DUI attorney to fight for your rights. That attorney provides you with several options, which can be used to have DUI charges entirely dismissed or lessened in your favor.
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