You can WIN your San Diego DUI case, but NOT if you don’t fight it! Here’s How!
MOST PEOPLE DON’T KNOW THIS: Breath Alcohol testing, equipment, and procedures are very prone to error, and it is very difficult for police officers to administer breath alcohol tests without encountering some type of technical problem, equipment failure, or human error. The majority of DUI evidence is ambiguous, subjective, and often based on faulty assumptions.
If you and/or your dui attorney thouroughly review and scrutinize the police reports and specifics surrounding your DUI arrest, you have an excellent chance of unvalidating the evidence against you. Don’t ever plead guilty to DUI without first consulting an attorney who specializing in drunk driving defense. Many times good lawyers can have an entire case reduced or entirely dismissed.
The following are just a few of numerous possible strategies to use in fighting a drunk drving case. Many people are not impaired at .08% bac and are arrested anyway. The police don’t expect that you’ll fight your charge, and that’s what they’re banking on.
It IS possible to win a DUI Case, in fact, San Diego DUI Attorneys win both misdemeanors and felonies on a regular basis!
1. If the police officer who arrested you commits a criminal act, say perjury or obstruction of justice in an attempt to conceal or sway evidence, the case against you will fall apart.
2. Did the cop have probable cause to pull you over in the first place’ If weather conditions existed at the time of your arrest, that fact will work in your favor.
3. Was the police officer responding to an anonymous tipster call’ If so, it could provide a stealthy argument he or she lacked probable cause.
4. Did the officer state that you smelled of alcohol’ This could be a discrediting statement, as alcohol ( or ethanol ) itself has no odor. It merely smells of the beverages used as mixers.
5. Did the officer properly read you your Miranda Rights’ If so, was this done in a timely manner and take place BEFORE any questioning occurred while you were in custody’
6. Did the arresting officer adhere to the mandatory 15 minute observation period prior to administering the first breath test’ The officer is not allowed to let you out of his or her sight to ensure no circumstances arose that could falsely affect the results of your bac test.
7. Was the breath testing machine, or intoxilyzer, properly maintained and in good repair. The equipment the officer uses must adhere to a rigorous manintenance and service schedule to be deemed reliable and admissible in court.
8. Was radio frequency, or the officer’s cell phone present in the area where you were being tested’ If so, the charges against you could possibly be dropped as electronics and computerized equipment are well known for interfering with bac test results.