Ways a DUI Lawyer Uses to Get the Charges Dropped
1. Discuss and negotiate with the state prosecutors to get the charges dropped. If this is your first offence, your lawyer can negotiate to avoid getting jail time or having your license suspended. If this step does not work then they will take the other steps as below.
2. Your lawyer will proceed to make appropriate factual and legal arguments on your behalf. This will be done with the objective of getting the case dismissed.
3. Try to demonstrate that the police stop was illegal. The law requires police officers to have reasonable cause to stop a motorist. This reasonable cause means that the police needs to be able to determine and prove that there was reason to believe you broke the law or was breaking the law before they can stop you.
4. Your lawyer will also attempt to argue that the sobriety test performed on you was inaccurate as it has a 30 to 40 % fail rate on certain field tests. This argument will be based on the journal of Perceptual and Motor Skills as published in 1994.
5. Your lawyer would also then argue that the breath testing equipment too is inaccurate as it cannot possibly provide the correct results with only one breath and often the stress of being pulled over by the police is enough to make anyone nervous.
6. Dates also play a major here, so they will pay special attention to speedy trial requirements. This often varies from each state, but if you are not granted a trail within the mandated time frame due to the delays from the court or prosecutor, your case has to be dismissed.
7. Last but not least, you should remember to tell your lawyer if your rights were read in a timely manner or not. If your Miranda rights were not read, but you were already in police custody when the evidence was collected or your statement was taken at this time, your lawyer has the right to get this evidence removed as you were not properly under arrest.
These are among the ways that your lawyer can get your charges dropped but the old saying "Prevention is better than cure" is something you should start practicing. Driving under the influence is against the law, you will be a safety risk on the road and you are in a position to harm others and those in your vehicle. Never drive if you are under in the influence, if you have to get somewhere make sure you get someone to drive you or call for a taxi. Your negligence should not cause others pain and suffering.