Consuming controlled substances and subsequently driving can lead to significant penalties if you are pulled over by the police. The costs can have a significant blow. Not only can you lose driving privileges, but you could face jail time. A DUI attorney in Charlotte NC knows potential defenses that you could use.
Here are a few defense strategies along with explanations of how these defenses can work on your behalf.
Police Officer Did Not Follow Proper Procedure
A judge might deem a DUI case inadmissible if the arresting police officer did not follow proper procedure. This includes breathalyzer results if the officer did not administer the test properly.
If you do not remember hearing phrases such as “you have the right to remain silent,” or that “you have a right to an attorney,” it could mean that the officer did not read you your Miranda rights. You may qualify for a special defense if your rights were either not read or were read improperly when you were arrested.
Stop Lacks Reasonable Suspicion
There are times when a police officer lacks reasonable suspicion in pulling you over or arresting you. Reasonable suspicion of driving while intoxicated must be present before an officer can stop, detain or arrest you. If you were stopped because of your racial or ethnic background without any other reason, the DUI charge may be dropped.
Evidence is Contrary to Officer’s Observations
Getting arrested is a serious issue because the police officer’s testimony can hold a lot of weight against you. The officer’s observations at the time of the arrest can be enough to produce evidence that you were intoxicated. Presenting contrary evidence that disproves those observations can lead to having the case against you dropped.
An example of this is you proving that your bloodshot eyes were caused by allergies. Your slurred speech could be due to a physical impairment.
The prosecution is burdened with proving that you were under the influence of a substance while driving a vehicle. A skilled attorney can work to get the charge reduced or dropped based on the details of your situation.