In our last blog post, we discussed three defenses against a DUI charge that can get defendants out of legal trouble, but there are more common defenses that have been proven successful. As discussed, trying to get out of a DUI charge while you are pulled over is seldom successful. Instead, crafting a defense against the charges has been proven far more successful.
As with any criminal charges, it is important to have a legal defense that understands out of the box strategies that can work for your individual circumstances, such as the following examples.
Proper Field Sobriety Test Protocol
Much like other police actions, there is a particular protocol when it comes to field sobriety tests. If the officers do not obey these protocols, this can result in the suppression of any evidence that is gathered, essentially rendering the charges null. After all, the only true evidence is what happens at the scene unless someone posts to social media.
Even further, officers that act in a disrespectful or intimidating manner, or engage in other inappropriate behavior, can lead to suppression of evidence. For instance, having someone conduct the test in improper footwear is unfair and can lead to improper evidence.
Improper Interrogation
Miranda Rights can be often misunderstood. While an officer does not have to read your rights while conducting a field test or once you are pulled over, they must be read once you are under arrest in order to interrogate you. However, they do not have to be read if you are not being questioned but evidence cannot be used that is found without the reading of those rights. For instance, if you are under arrest and have not had warnings read, biological evidence cannot be used. On the other hand, if you fail a breathalyzer before being arrested, that evidence can be used.
Inappropriate or Improper Communication
If prosecutors interrogate or speak to a defendant without the consent or presence of counsel, it can be used as a defense. If the defendant waives the need for a lawyer present, there does not need to be a lawyer. However, if they either do not give the option for legal counsel or do not listen to the request for counsel, any information gathered in interrogation cannot be used in court.
Understanding your rights is important and having the right lawyer can mean the difference between worse charges and walking away free. Contact us today to find out how our experience can help your case.
