How To Beat A Dui Charge

By Author: Matthew Nebeker
Total Articles: 15
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If you find yourself being arrested for driving under the influence charge, while you should be concerned you should not go into a complete panic. If you hire an experienced and knowledgeable DUI attorney Salt Lake City you can have somebody behind you who was working to protect both your rights as well as your future. There are many ways that a good attorney can help to provide you with the case that is defendable. These are not impossible charges to be and though these cases can be complex and difficult they are not hopeless. Here we are going to discuss different factors of the case that can help you to have a positive outcome person who was driving while intoxicated.

By law the police officer cannot pull a person over without reasonable cause. If someone has not violated any laws the officer did not have sufficient reason to pull a person over this can provide a loophole in that person's defense if they are charged with a DUI. It is not against the law for person who is driving to weave within the marked area of the road and a police officer cannot pull a person over legally if they have not crossed over the lines ...
... that mark their lane. It is also not legal for police officer to pull somebody over just because someone else has called reported that they are drunk driver. An experienced DUI attorney Salt Lake City will know these things and know what to look for in the police reports to find these loopholes. When it comes to Field sobriety testing the results are not surefire guaranteed ways of proving that somebody is drunk. In particular the test that is requested by the police officer to be formed of a person standing on one leg is only accurate 65% of the time, while the walk and turn test only has an accuracy rate of 68%. There are factors that can be used to disqualified these results depending on the person was taking the test. Examples of this are people with injuries, medical conditions, overweight or above the age of 65 cannot be judged by the results of the test given in a valid manner.

DUI attorney Salt Lake City can also find reasons for breathalyzer test results to be considered invalid and not used against the suspect in the court of law. Some of the questions that the attorney can ask are: was the operator performing the test licensed? Had the machine being used to test suspect malfunction or been repaired within a specific timeframe prior to the test? Was the device used an approved device within the state and federal laws? If any one of these questions cannot be answered in the correct manner this can be reason for those results to be inadmissible in court. The prosecution will also have to prove that the suspect was driving under the influence at the time of arrest. Just because the suspect made a statement that they had been drinking prior to driving does not necessarily mean that the case is proven and guaranteed a conviction. Independent witnesses to either the accident or the arrest can provide crucial evidence in a case against somebody who is being charged with a DUI.

By looking a little bit deeper at the particular officer that was involved in the arrest your attorney may be able to determine that there was a prior disciplinary record against the officer and this can be used to question his or her credibility. Everyone makes mistakes and that does not exclude law enforcement officers. If an officer made a mistake and did not provide the suspect the statement of their Miranda rights this to can be used in the defense of the person being charged as well. It is required by law that every suspect is read their Miranda rights and made fully aware of their right to an attorney during questioning. Without this the case can be lost and any experienced DUI attorney Salt Lake City will know this. It is often required by law that a police officer observes any suspect who was thought to be under the influence for a period of time writer to administering Field sobriety testing. If this period of observation was skipped, this to can be a factor and can make the results inadmissible in court and invalid. Simple things like the weather on the night or day of the arrest can also be used to help explain why a person was not driving very well or why they had poor balance during field sobriety testing. The person's car was illegally searched any evidence found within can also be withheld from court. If a person was pulled over for minor traffic offense and officer cannot legally search the car without that drivers consent or probable cause to do so. When it comes to the field sobriety test there are several factors that can affect the results such as asthma spray, cough drops, paint as well as finger nail polish. If an attorney can prove this was the reason for the test results those results can be considered invalid records law. So as you can see the complexity of the DUI case need the knowledge and experience of a good defense attorney who knows what to look for and how to find inconsistencies within the evidence that is being provided by the prosecuting attorney. There are many ways for an attorney to win a DUI case and it is very important that you hire someone who has the ability to do so for you.

Matthew L. Nebeker, known as Mr. DUI is a top-rated Salt Lake City DUI Lawyer who concentrates on Drunk Driving, DUI & DLD Defense. Matt dedicates himself and his law practice to aggressively defending those accused of driving under the influence. You can contact us at tel. no. (801) 988-9617 or visit us at http://www.mrduiattorneysaltlakecity.com