Driving under the influence is illegal for a reason. It is dangerous and puts, not only your life, but other innocent lives at in danger. Unfortunately, they do still happen. However, if you have been charged with a DUI (driving under the influence) sometimes the prosecution might dismiss the case on their own if there are known defects in the case. In most instances, a DUI case is dismissed because of a great persuasive argument from a defense lawyer. If you are looking for an Orlando DUI attorney, look no further than Ali & Blankner.
When defendants are asked, they should plead not guilty to DUI charges. Often cases can find that the police failed proper procedure, prosecution knows there is a chance for acquittal if the case goes to trial, or the district attorney lacks sufficient evidence to prove a conviction. The prosecutor is mainly the one responsible for dismissing charges, however, a judge has that power as well. Either way, the defendant is free and will not have to worry about a court case or a criminal record.
So what are the most common reason a DUI charge may get dismissed? While each case is different, the majority of them heavily depend on if the police were following proper procedures and on any chemical test results that may have been conducted (Breathalyzer test). Driving under the influence charges should be dropped if:
• If police stopped your vehicle without proper grounds. Cops are able to stop you if they are soundly confident that you have committed a traffic violation. This can be anything from running a stop light, speeding, or if the way you are driving poses a threat to other such as reckless driving. If you have been following all traffic laws and keeping up with the flow of traffic, then police usually do not have the right to stop you.
• Illegal field sobriety testing. Believe it or not, there are specific tests officers can give and only in certain ways. If these tests come up invalid, the arrest may be as well.
• Illegal searches and/ or seizures. Unless in possession of a warrant or there are grounds for probable cause, police cannot search your car for any evidence of alcohol or drinking. Since most officers do not obtain a warrant during an arrest, a probable cause would most likely be needed. If there is none and a search is conducted anyway, it violates the Fourth Amendment.
• Illegal chemical tests. Most drivers will consent to a blood or breath test, however, police have to explain what rights they have. Failure to do so could dismissal. The machines for these tests must also be inspected regularly.
• An illegal stop or unconstitutional search was conducted. Roadside sobriety checkpoints are common, especially during large events or on the drinking holidays (New Year’s Eve, St. Patrick’s Day, etc) however, these checkpoints must be announced to drivers about the roadblocks beforehand.
• Failure to be advised of rights. After an arrest, the defendant will be told a list of their rights, including speaking to an attorney. If any of these rights are not read, the case may be thrown out.