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How An Improper Arrest Process Could Actually Get Your DUI Case Dismissed


You might be surprised at just how many things can wrong throughout the course of a DUI arrest. If you don’t have a qualified DUI lawyer, it is entirely possible that you may be facing charges you don’t deserve or do not legally apply to your particular case. Even if you are guilty of driving under the influence, if the arrest proceedings were not done properly, you may not have to face the penalty.

In order for a DUI conviction to be successful, there has to be a correct chain of evidence that shows, without a doubt, that you are indeed guilty of this crime. With the right representation, an improper DUI investigation can be proven beyond a reasonable doubt and the charges against you will be dropped.

Wrongful DUI arrests happen on a regular basis. Here are some of the most common issues that occur in improper arrests.

Probable Cause

In order to pull you over, a police office must be able to show probable cause. This means that you must beobviously driving erratically over a period of time, or that there must be something unlawful about your vehicle. Examples of probable cause for pulling someone over include broken headlights or taillights, windows that are tinted beyond the legal limits, expired tags or no license plate and visibly erratic driving that continues.

If you suspect that you were pulled over illegally, your lawyer will be able to build a defense that shows that the arresting officer did not have probably cause to pull you over. This means that the charges you are facing will be thrown out of court.

Refuting the Report

Your lawyer will also be able to build a case in your favor by showing that sections of the arresting officer’s report are invalid. For example, if you were seen before you got into your car and you were not impaired, this will shed doubt on the state’s case.

If the sobriety tests were not performed correctly, or skipped in any way, this will also help refute the arresting officer’s report.

There are specific things that an officer must do in order for an arrest and report to be admissible in court. If they fail to do their report properly, or if the arrest was not conducted legally, this means that the charges against you will be dropped.

Building Your Defense

There are several ways that your lawyer can build a case in your favor. If you have physical impairments that prevented you from performing the sobriety tests properly, this will work in your favor. Even something as simple as a cold that interfered with your inner ear’s ability to keep you stable can be used as a defense and show that you were not capable of taking the sobriety tests.

Other ways to build a defense in a DUI case include talking with witnesses that were with you throughout the course of the evening in question. If you did not drink much, or were not visibly impaired, this will also help build your case. Your DUI lawyer will interview several witnesses as they build your defense. It is vital to share every piece of information you can with them to help them have the resources they need to adequately defend you.

Just because you were pulled over for a DUI doesn’t mean you are guilty. As you can see, there are several things that can go wrong throughout the entire process. By hiring the right person to defend you, you can greatly increase your chances of having the charges dropped.

Since this is a very serious crime, it is necessary to make sure you have proper representation. You could be facing losing your license, increased car insurance charges and in some cases, even losing your job. You owe it to yourself to learn more about this process what you can do to ensure that you don’t have to face these consequences.

About the Author:

Michael D. Leader is a criminal lawyer with Fort Lauderdale law firm Leader & Leader P.A. Specializing in all forms of criminal law, Michael Leader and partner George Leader offer years of legal experience and commitment to ethics.

How An Improper Arrest Process Could Actually Get Your DUI Case Dismissed
General Contributor
Janice is a writer from Chicago, IL. She created the "simple living as told by me" newsletter with more than 12,000 subscribers about Living Better and is a founder of Seekyt.

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