Winning Strategies For DUI Cases

There are various winning strategies for use in Driving under the influence cases and two that have been very successful are (1) reviewing the transmission between the arresting police man and the police headquarters’ correspondent and (2) visiting the scene where the client was stopped. (1) Reviewing the Communication: Here are various examples of revelations […]

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There are various winning strategies for use in Driving under the influence cases and two that have been very successful are (1) reviewing the transmission between the arresting police man and the police headquarters’ correspondent and (2) visiting the scene where the client was stopped.

(1) Reviewing the Communication: Here are various examples of revelations we discovered through paying for a CD of the voice communication at the instance the policewoman said he had reasonable proof and/or perception that the driver was impaired or under the influence of alcohol or drugs.
Often there are inconsistencies between what the policewoman states are the proof for the stop of the driver and what is written by the police officer in his or her incident report. For instance, the officer says in the report that the driver crossed the shoulder lines on the left side of the street (which on the citation is expressed accurately as not following a traffic control device) but tells the dispatcher that the driver was speeding. As a second example, the policewoman states to the dispatcher that the driver was driving into the opposite lane and in the middle of the street when, in fact, the driver was on a one way street. Further, the officer then writes in the report that the motive for the stop was failure to come to a complete stop at a stop sign.
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[See also our blog describing “ probable cause DUI ” more fully in the Criminal section of our website drunk driving defense. See also in the Criminal section, the penalties and fines for conviction of DUI, DWI and points.

(2) Visiting the Scene: When administering the Field Sobriety Tests, the officers are required to state in their reports that the environment where the FSTs were completed were reasonable and fair. Using word processing, they have sentences that state “the ground where the test was conducted was flat, free of cracks or debris”, and that the officer “demonstrated each test before it was administered”. When I have visited the scene with my clients, frequently I have taken pictures that show that the FSTs were carried out on a severe slope/hill, of as much as a 45 degree angle, or that the surface had lots of cracks and gravel and/or debris.
Through the use of computers and word-processing, police officers are able to swiftly and effectively prepare their reports. However, frequently officers finalize their reports more than a few hours to a day after the time of the arrest and, if they have made six or seven arrests in one night, they every so often mix up the circumstances surrounding one arrest with another. By visiting the scene and evaluating what we perceive there with what is declared in the report, we are often able to note when this kind of mix-up has occurred.
—The following are other strategies that, when appropriate, have proven of benefit to our clients. Before administering a Field Sobriety Test, the officer is supposed to ask the driver if the driver has any bodily impairment, such as surgeries or hip or ankle problems, which would interfere with his or her execution of the FSTs. Often times, this question is not asked. Also, one of the requirements for performance of the FST is that the driver can’t be fifty or more pounds overweight. Many drivers who have more than a few extra pounds are not aware of this standard and an officer may not tell these drivers that the examination will not be valid because of their weight. Therefore, we will challenge the test if our client is 50 or more pounds overweight.
The above are a few of the many strategies we can utilize in your defense.

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