Why Many DUI Cases Are Being Dismissed

Why Many DUI Cases Are Being Dismissed

Every day, people get arrested for DUI, but the truth is, there’s a chance your DUI can be dismissed. When it comes to DUI, says one criminal law attorney atlantic city nj attorney’s win these cases on a variety of issues, ranging from complex to technical arguments. It could be any number of mistakes the police officer made before, during, or after the arrest. Experts point out, no matter what the situation is, every case should be reviewed because there are various technical and scientific defenses that apply in these types of cases.

The Incentives to Arrest You for DUI

Cities and townships make lots of money off traffic stops, particularly DWI and DUI arrests. This money is made both in fines, but also through matching federal funds. So, police officers have lots of incentive to make these arrests.

If you’re pulled over because an officer suspects you driving under the influence, they will most likely ask you to perform a number of different roadside sobriety tests. Keep in mind if your situation reaches this point, the officer is more than likely already planning on arresting you. The only reason they have not already placed the cuffs on you is because they need to gather more evidence, which you can politely decline.

Federal statistics document that in healthy individuals, the walk-and-turn test is about 68 percent accurate in concluding if a person is under the influence. Also, studies conclude that persons with injuries, medical conditions, or overweight by 50 pounds cannot be expected to accurately perform field sobriety tests.

Orthopedic problems, fatigue and an assortment of eye problems all effect the validity of the field sobriety tests. Many health issues also mimic intoxication but an officer must allow you to explain this, and most of them don’t give that opportunity. Perhaps, if you have arthritis or a recent injury that causes you not to put any undue pressure on your joints, you can explain that you decline because of that reason.

Experts say remain respectful but don’t help yourself get arrested.

The Steps After a DUI Arrest

Most people feel like there’s nothing left to be said after a DUI arrest, but there are several defenses to be used when you go to court. Did The Officer Have Probable Cause? You cannot be stopped unless the police officer can provide you with a reasonable basis to believe that a traffic law or other law has been violated. This is called probable cause. Police officers cannot pull you over on a hunch; they must have specific facts and be able to articulate them. If your attorney can establish that the officer did not have probable cause when the traffic stop was initiated, then the charge should be dismissed.

In many cases, these field tests are improperly administered and are not valid in court. Perhaps the officer simply jumped to conclusions and was hasty in making an arrest. In any case, a good attorney can successfully challenge the validity of the tests administered, and challenge the entire DUI arrest. Just keep in mind, there are ways to survive a DUI arrest; just let your lawyer handle all the details.