Standing accused of operating a vehicle while under the influence of alcohol or drugs may come as a shock, but a DWI defense attorney can help you understand potential ways you might be able to present your case. Before going in front of a judge, you can explain your situation to a DUI attorney and hear a professional's view of what sort of defense you might want to put up. If you're curious whether you might have grounds for contesting a charge, these are three of the main issues you might want to bring to the attention of the court.
Failures of Police Procedure
The cops are expected to do their jobs in an orderly fashion, and that means that can't just pull people over at will and conduct field sobriety tests. While the standard for probable cause in an alcohol- or drug-related traffic stop is fairly low, usually nothing more compelling than going over the center line more than once, the police still have a job to do when they charge you with a DUI.
With the help of a DWI defense attorney, you can review the specifics of the stop and determine whether there might have been a failure of police procedure. For example, broken video equipment is often used during stops. A lawyer can help you demand that the cops produce copies of tapes during the discovery process, and you may be able to use the video to demonstrate to a judge how your defense argument adds up.
The police also have a responsibility to ensure that all their equipment is properly calibrated. From the radar gun used to identifying a driver speeding to the breathalyzer employed to check blood-alcohol content levels, you have the right to demand production of the logs for any equipment utilized during a stop. A DUI attorney will be familiar with how to file for documentation, and they'll also be able to keep up the pressure if the cops try to drag their feet in delivering any potentially interesting tidbits.
Tying a person to a criminal charge calls for an unbroken chain of evidence. The cops are expected, for example, to maintain chain of custody for all videos produced during traffic stops and blood tests performed following charging a suspected intoxicated driver. Your DWI defense attorney can force the cops to prove they've handled every step with appropriate care.
Contact a professional like Kevin T Conway Esq Pc for further assistance.