Attorneys

It is not possible to point to one defense or group of defenses for every case. Depending on the facts of your case, the following defenses may or may not apply: Improper Stop ­ If it can be shown that the police did not have a proper cause to stop your vehicle, then the evidence collected after the stop might be thrown out. The legal standard is that the stop must be justified by probable cause or an articulable suspicion that criminal activity was afoot. Of course, notice of a violation of the traffic code, such as speeding or weaving, will provide a sufficient basis for the stop as well. Improper Arrest ­ it will be important for your attorney to determine if your arrest was statutorily and constitutionally proper. This is because an improper arrest can sometimes lead to the Court throwing out the evidence, and ultimately to the dismissal of charges. Improper Police Procedures Relative to the Chemical Testing ­ The taking of breath and blood samples is governed by statues and administrative rules, as is the calibration and maintenance of the testing instruments. If it can be shown that the police did not follow these statutes and administrative rules then the test results can sometimes be thrown out. While this is unlikely to lead to a dismissal, it does make the case a better candidate for victory at trial. Improper Police Procedures Relative to the Field Sobriety Tests ­ While there are no standardized rules applicable to the taking of field sobriety tests, there are police training manuals and the like that can be used in cross­examination to show that a police officer did not administer the field sobriety test(s) properly. There are also scientific studies that show how inaccurate the field sobriety tests really are. While these facts and circumstances will almost certainly not lead to a dismissal, they should help to persuade the jury to view things more favorably for the defendant, and hopefully result in a not­guilty verdict. Defects in the Charging Documents ­ Any irregularities in the charging documents and police reports can sometimes be used to call the police officer's credibility into question. The argument to the jury is if the police officer is mistaken as to the direction your car was traveling then perhaps he/she is mistaken as to other facts as well. This is critical since the prosecutor's case usually turns on the testimony of the arresting officer(s). Suppression of Incriminating Statements ­ While the courts seem less and less inclined to suppress incriminating statements based on a police officer's failure to read a defendant his/her rights, "non­Mirandized" statements are still sometimes suppressed. If you made admissions regarding how much you had been drinking then ask your attorney to determine if Miranda applies and if these statements can be suppressed. Increasing Blood Alcohol ­ In an unlawful blood alcohol case (UBAL) the prosecutor must show that your blood alcohol was over the legal limit at the time you were driving. Thus, if the chemical testing (breath/blood/urine) in your case was not performed until long after the actual arrest (and presumably the act of driving) then you can argue to the jury that these chemical test results should be given less weight. Expert testimony is usual helpful to drive this point home to the jury. Again, with the proper underlying facts this might help persuade the jury to view things more favorably for the defendant, and hopefully result in a not­guilty verdict. Inaccurate Chemical Test Instruments ­ The machines used by the police to test a person's breath, blood or urine are all subject to inherent inaccuracies. It is simply not possible for any testing instrument to be 100% accurate all the time. Blood testing is probably more accurate overall then is breath testing, which is again probably more accurate than urine testing. Still, simply because you tested over the limit this does not mean that you have no defense. Talk to your attorney about how the specific facts of your case may have cause an inaccurate test result. Keep in mind also that it is usually necessary to retain an expert to help educate the jury regarding these inaccuracies. This list is not exhaustive, and there may be different or additional defense specific to your case. The point is that you should not simply walk into court and plead guilty without first having your case evaluated by competent counsel. This is because almost all cases can be defended in some manner. This is not to say that all defenses lead to a dismissal or even a substantial reduction in the charges, nor does it mean that it makes sense to vigorously fight every case. However, you should have every opportunity to make fully informed decisions about all of these things, and this decision making process will most likely require the advice of legal counsel.