Can Discrepancies In The Police Report Help Get My DUI Case Dismissed?
Discrepancies in a police report can absolutely lead to a case dismissal. For example, if an officer says that the driver was weaving in and out of their lane and drove onto the shoulder for 10 seconds, but the video footage shows that the driver only touched the lane line or went over it for half of a second, then the officer will lose credibility. This is something that could convince a district attorney to reduce the charge or dismiss the case. Alternatively, discrepancies could lead a judge to grant a suppression motion based on an insufficient cause to conduct the initial stop. Not all judges will grant suppression motions, and some judges never grant them in DUI cases specifically. However, when faced with the right type of evidence, many judges will grant these motions.
How Might A DUI Attorney Use The National Highway Traffic Safety Administration Manual To Show That An Officer Did Not Follow Protocol In A DUI Investigation?
When necessary, we will cross-examine an officer about the way they instructed the defendant to perform the standardized field sobriety tests (i.e. horizontal gaze nystagmus test, walk-and-turn test, and one-leg-stand test). We will have the officer admit that the manual says that these tests must be done in a certain way in order for them to be considered valid, and then we will show that the officer failed to follow the manual in one way or another.
Are Recordings From Building Or Stores In The Vicinity Ever Helpful In Defending A DUI Case?
Recordings from nearby stores or buildings can be helpful in defending a DUI case. For example, we may be able to show that our client was not the driver of the vehicle in question. There are several reasons we may or may not want to utilize stationary recordings from stores or buildings, but if we think they can strengthen our case, then we will do everything we can to obtain them.
How Can Visiting The Scene Of A DUI Accident Or Police Stop Help My Defense?
A DUI attorney should always visit the scene of a DUI accident or police stop. This can help the attorney get a better idea of the conditions of the field sobriety tests. For example, was the ground uneven or gravelly? I usually drive to the area where my client was lit up by the officer, take video footage of the scene, and compare it to what the officer says. I have followed other cars in the same location to see how they drive. It may turn out to be the case that many drivers frequently touch the white line on a certain stretch of the freeway just because of the way the road is designed. If it can be shown that almost everyone crosses the line, then a judge may agree that my client should not have been stopped for that reason.
If there has been an accident, then it is especially important for a DUI attorney or investigator to go to the scene right away. Photos of skid marks, angles, traffic signs, and any other details at the scene should be captured before they are removed or destroyed. There is so much at stake in DUI cases that involve an accident or injury, so the scene absolutely needs to be thoroughly investigated.
In the past, I have been able to win cases simply by analyzing the scene of the accident and thereby providing juries with the most reasonable explanation for all of the evidence. Going to the scene of an accident can also be helpful in filling in the gaps of a video recording or showing what the camera failed to capture.
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