Instances Where Your DUI Could Get Dismissed
Getting charged with driving under the influence (DUI) can be a difficult experience. You not only risk losing your license, but you also face costly fines, legal fees, and other consequences. You might be surprised to learn that these charges are temporary. As you will learn below, DUI charges can be dismissed in certain circumstances.
Look into these examples of how to get a DUI dismissed to see if they can apply to your case too.
Illegal Stop or Arrest
If you were arrested for DUI and you think the police violated 4th Amendment rights because you were stopped or arrested illegally, your DUI case might be thrown out.
When a police officer doesn’t have a good reason to stop a driver or make an arrest for driving under the influence, it could violate the driver’s 4th amendment rights, which protect them from being searched or taken without a warrant.
If this kind of unjustified traffic stop or arrest is found to have been intrusive and against the law, the DUI charge might not stand up in court. In other words, a DUI arrest that was made illegally could be thrown out.
Inaccurate Field Sobriety Tests
If a person is charged with DUI, the field sobriety tests that the arresting officers gave could be looked at more closely to see how accurate they were.
If the field sobriety tests weren’t done right or weren’t done right on the night of the arrest, a good lawyer might be able to get the charges against the accused dropped. This is especially true if they can show that the arrested person wasn’t drunk.
Failure to Advise of Miranda Rights
If a police officer doesn’t tell a person their Miranda rights during an arrest or traffic stop, they cannot use any information or evidence gathered by that officer in court. This includes anything the suspect said and anything else they found after arrest.
If the prosecution doesn’t have the right information in court, they have nothing to go on, and the DUI charge may have to be dropped. Also, not telling someone about their Miranda rights sets a precedent for rights violations, which may lead a DUI attorney to ask more questions.
Inadmissible Evidence in Court
A person accused of DUI could have their case thrown out if there was evidence in court that couldn’t be used. This is because a judge has to look at all of the evidence in a trial and decide if it is valid according to the court’s rules.
If the evidence isn’t allowed, you can’t use it to bring charges against the accused, and the case can be thrown out. Each state has its rules and laws about what kinds of evidence can be used in court and what might happen if they are not.
Good DUI attorneys will know the rules in their area and be able to defend their clients against evidence that you can’t use in court. This will get their client’s case completely thrown out with no conviction.
Lack of Probable Cause for Arrest
The term “probable cause” is a legal term used to explain why an arrest was made. There is no probable cause to arrest someone when there isn’t enough evidence to make the police think that person has done something wrong.
This means that if the police can’t show a solid reason why they thought the accused did the crime, a judge may decide that the arrest was illegal and throw out the case.
This is an important idea, especially if facing a DUI charge, since even a single mistake can have serious effects. If you’re facing DUI charges, knowing what “Probable Cause” means will help you determine what’s going on and find the best legal advice.
Police Misconduct or Corruption
Police misconduct or corruption is a common problem that could lead to your DUI case being thrown out. In these situations, police officers can be found guilty of serious crimes like bribery, lying, or getting false evidence.
In some cases, police officers may even be found guilty of destroying evidence or giving false testimony in a criminal case. If an officer is found to have done these things, your DUI charge may be dropped, depending on how bad the misconduct was.
Error in Police Report or Criminal Complaint
If mistakes or false information are present in a police report, an attorney can file a motion to have evidence excluded or even request for a dismissal of the charges. Common errors are misstated facts, misunderstanding of circumstances, misrepresentation, and subjectivity.
If an officer’s credibility is questioned or they fail to state the circumstances clearly, a criminal defendant may have grounds to raise a motion to dismiss. Courts are strict in reviewing criminal complaints and will typically consider viable defense strategies in evaluating them.
Violation of the Right to a Speedy Trial
When the right to a speedy trial is violated, the prosecution is denied the time to prove the defendant’s guilt beyond a reasonable doubt. This can result in the dismissal of the pending DUI or some other criminal charge.
To succeed in invoking this right, the defendant must prove that they violated their right to a speedy trial and were thereby prejudiced.
Discover How to Get a DUI Dismissed Today
Overall, there are numerous instances of how to get a DUI dismissed if the necessary criteria are met. If you fall under any of the discussed circumstances, it is worth discussing further with an experienced attorney.
With their help, you can minimize or entirely dismiss the DUI charges. Contact an attorney today to get the help you need.
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