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A Guide to Win A DUI Case

04 September, 2018


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Do you know what to do when you get arrested for DUI? Firstly, mind what you say because everything you say can and will be used against you! Once you manage that, it’s time to hire a lawyer.

 

Following we are going to talk about some common mistakes that could ruin your case. To keep it from happening, we are giving you some tips to help you out.

What to Do After Being Accused of DUI?

Following, we are recommending the right course of action.

Write Down Everything

What does it take to win a DUI case? Careful Planning. You need to write down every detail you remember from the DUI stop. It doesn’t matter how small it is, note it down. You have to do it because your memory will fade away. Remember, these important details can help you win.

Following are some question that will help jog your memory:

•    When and Where Did You Stop?

•    What was the reason the officer gave for the stop?

•    Did you do a breath test, if yes then what the device looked?

•    What did you say to the officer, and what you ate or drink?

•    What tests Did They Do?

Mark Your Profile as Private

Once again, anything you say can and will be used against you. In the digital era, this means anything you post online or share with friends can be used against you. So, refrain from doing that. Prosecutors like to dig around every bit of information they can find. So, you have to be careful and try to be less social during the trial.

Find Witnesses

You have to talk to your friends, family, and associates, especially if any of them saw you before or after the incident, or even during the stop.

Ask them if they can testify in the court on your behalf. A witness can strengthen your defense, so you need to prepare as many witnesses as possible. You need someone standing by your statement.  Drunk or sober, a witness can make the difference between guilty and not guilty. So be careful.

Hire a Lawyer

It is crucial that you hire an experienced and qualified lawyer. DUI cases are complex, and the test report is your main evidence. You are supposed to follow specific procedures as required by the law.  A reliable lawyer knows the science between the evidence and how the police work on your case.

Hiring an incompetent lawyer is a sure way to lose. The lawyer must know how to challenge DUI claims. Therefore, before you hire a lawyer, you need to know how much training he has. Work out a strategy with the lawyer. Consider if you are going to hire a plea attorney or trial attorney. This requires a lot of research.

So, take your time and meet a few lawyers. It will help you make a well-informed decision. Just make sure you ask them about their credentials.

Don’t Obsess Over it

A DUI case can be very stressful, and you may obsess over the consequence or outcome. Don’t worry, let the attorney take of every detail. Just maintain good communication with him and ask about things that concern you. An experienced attorney will fight for you and will take the stress off your shoulders.

Mistakes Made by The Police

These mistakes can help your DUI Attorney win. For example, the way the officer stopped your vehicle, investigated or made the arrest is vital to your case. It impacts how your attorney will represent your case.

Therefore, you should look for the following mistakes:

Conducting the Stop After Receiving a Tip

Conducting a stop when the officer received an anonymous tip about a possible crime is not uncommon. If the phone call was made to inform about an intoxicated driver, the caller should describe the vehicle, the subject, and the alleged offense. The information should match every detail, especially your vehicle.

Conducting the Stop Based on No Evidence or (Probable) Cause

If an officer stops your car, he must have an articulable reason to do it. More importantly, he should describe the violation or offense that made him do it.

Weaving Lanes Within the Road

There are some examples where the police officer pulls you over due to excessive waving within lanes. But in many cases, the officer lacks a proper cause for stopping a vehicle because of just one weaving maneuver.

Conducting a Stop because of a Damaging Roadway Sign

Police officers can conduct a stop because of a roadway sign. Yes, if the sign is not posted properly, it fails to do its job and doesn’t meet the standards of traffic control.

Low Speed

When the roadway sign establishes a speed limit, it means the driver can’t go over it. Therefore, you can’t be stopped for driving under that. Such stops are only justifiable when the driver is dangerously slow, and it can lead to a traffic violation.

Creating Roadblocks on Purpose

Creating a roadblock for conducting DUI Tests is not easy. You need to meet several sets by the law. So be careful. Read your local law and make sure the roadblock meets their standards. If it doesn’t, inform the authorities.

Reviewing the Driver’s License

The police need infraction to order for a legal stop to assess your documentation. Conducting a stop to assess someone’s documentation is not a joke. So, ask the officer for an infraction, it's your right.

Conducting A Stop Without Identifying your Vehicle

The police officer should be able to identify the vehicle he stopped. He needs to make sure the vehicle was involved in the infraction.

Blocking Your Vehicle with a Cruiser

Police officers can use excessive force if needed. Yes, they can use a tranquilizer to detain someone. The same holds true for DUI. If you don’t listen to the police officer, tend to speed up, and use their car to block the suspect.  While there is nothing wrong with it, the officer should make sure he doesn’t hurt anyone.

Conducting Stop Without Proper Proof

There are many cases in which the police officer makes a DUI arrest without proving that the subject arrested operated or wanted to operate the vehicle. For example, arresting someone in the parking lot of a bar. The apprehended may want to stay warm in the vehicle, and that’s why the ignition was on. As long as he is not driving the car, the arrest is unnecessary.

Failure to Use the Law when Initiating a Traffic Stop

Police offers have to make sure that infraction is committed before they can initiate a stop.  They can’t just arrest someone on a hunch.

Detaining the Driver for Too Long

The Police Officer has no right to detain the driver for too long, without a cause to believe he is under the influence of drugs or other intoxicating drugs.

Entering Their Private Residence

Police officers are not allowed to enter a private residence, even if they believe that the person is under the influence. The officer is not even allowed to follow the person back home without their permission. The court will consider this a violation of the subject’s rights. 

Not Taking the Test Properly

An attorney can argue and win the case. Yes, he can create a scene that while administering the breath test. Your experience with the officers is very important.

Mistakes Made by You

We pointed out some common mistakes made by police officers, now it’s time we take care of how we act or represent ourselves during this hard time. Following are some common mistakes that the apprehended party makes.

Ignore Your Charges

This is perhaps the most common mistakes. Most subjects don’t listen to the charges that are laid against them. They ignore the DUI charges. Well, the good thing is doing nothing will help you as it will make your charges disappear. Whatever you do, make sure you show up in court in time. If you fail to show up at all, the charges against you get severe.

Failing to Understand your Situation.

A DUI conviction can lead you to jail, cost you a fine, or get your license suspended. Worse, it can land you in probation or have you face other such penalties. You get a DUI conviction on your criminal record, and this ruins your reputation. Therefore, you should understand the consequence of having a DU charges and prepare for your case.

Refusing to Take the Test

Every suspect who refuses to take the breath test pleads guilty.  They should serve a punishment. The individual charged with drunk driving have different defenses available to them. Even if they are above the legal limit, Police misconduct or other mistakes still provide you with enough room to defend yourself.

Try to Talk Your Way Out

Most people believe it’s smart to speak with the Police Officer and straighten everything out. This never works, and instead, it only makes matters worse for you. This causes exceptional damage to your case. Everything you say can and will be used against you. Therefore, never discuss these things with anyone besides your lawyer.

Not Hiring Legal Representation

When you face serious charges, you can’t afford to fight your case on your own. Legal advice is not good enough, so you need strong representation to get yourself out. Only a seasoned lawyer understands how these things work and how to get you out

Don’t assume all the lawyers are same. Today, almost every lawyer has a specialty. Use it to your advantage.


 
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