REASONS WHY YOU SHOULD PLEAD NOT GUILTY IN DUI CASES

It is very important for all defendants to remember that a DUI case is something that can be won!

Many people think they have to plead guilty because they felt they may have been in the wrong.  DO NOT PLEAD GUILTY OR ADMIT GUILT, EVEN IF YOU THINK YOU'RE GUILTY.

Why?

Because a DUI case isn't won or lost based on the actions of the defendant alone.

In many situations, the actions or inactions of how the police or sheriff performed their stop become big factors in these types of cases more often than one might expect.

How a DUI case can be won based on the actions of the arresting agency:

Was the traffic stop conducted properly?

This is an important one because the entire incident begins with the traffic stop.  Was there probable cause to pull the defendant over?  Was the car stopped improperly?  If so, the prosecution may be left with no other choice but to drop the case and any evidence collected from the stop could then be subject to dismissal.

Did the police officer, arresting agency or authorities read the defendant their rights?

If a defendant is not advised of their right to remain silent, then anything that may have been said to the authorities during the time of the incident may have been obtained unlawfully.  If that occurs, any information that was obtained should not be inadmissible in court or able to be used against a defendant.

How were the sobriety tests conducted?

Field sobriety tests are generally only 65-77% accurate.  To make matters worse, these tests are often improperly administered and scored.  Other reasons a defendant could get poor results include:

• Officer induced intimidation
• Bad weather conditions
• Uneven surface conditions
• Poor lighting
• Poor footwear on the defendant
• An un-coordinated or un-athletic driver

Did the police officer, arresting agency or authorities provide misleading information or bad advice?

In many situations, defendants will ask if they can refuse a breathalyzer.  If the defendant was misled by the arresting agency with bad advice, it may be possible to have that evidence thrown out.

Was the breathalyzer properly maintained and calibrated?

Was the person conducting the test properly trained?

We've encountered situations where lack of proper maintenance or calibration on the breathalyzer machines, has led to that evidence being inadmissible. We have also seen instances where the arresting agency using the breathalyzer was not properly trained to use that particular advice.  Either situation casts serious doubt over the validity of any evidence, how it was obtained, and the accuracy of that evidence would also then be questionable.

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