How to beat a DUI
An experienced Chicago DUI attorney could beat your DUI charge using the following three methods:
Technical challenges to the DUI charge have absolutely nothing to do with whether or not you were under the influence when you were driving. Instead, these challenges focus on whether or not law enforcement followed the proper procedure when handling your DUI charge.
A typical challenge is by challenging the circumstances surrounding your arrest. For instance, the United State’s constitution protects everyone from unreasonable searches and seizures. As a result, police officers cannot stop your car randomly stop a vehicle with good reason. An example of an acceptable reason for stopping a car would be for a traffic violation.
However, if a court determines that a police officer randomly stopped your vehicle without good cause, then the evidence of your DUI (results of chemical tests, breath tests, Field Sobriety Tests and the officer’s observations) would not be allowed to be used against you. At which point, the prosecution for all practically purposes, has no case. Since most DUI charges are triggered by a traffic stop, it is important you get an experienced Chicago DUI attorney who would investigate whether the officer had no good reason to stop your car.
An experienced Chicago DUI attorney can also challenge the procedures used in performing chemical, breath or Filed Sobriety Testing. When it comes to such testing, there are numerous rules law enforcement must follow. Falling short of the rules would be deemed unreliable and your chemical, breath or Filed Sobriety Tests results would not be allowed to be used against you.
Unlike a technical challenge, an evidence challenge is a direct attack on the evidence the prosecution has against you. An experienced Chicago DUI attorney can go about this in several ways, including but not limited to challenging the officer’s credibility in court, challenging the fact that you were driving, focusing on the fact that you didn’t fail the Field Sobriety testing, focusing the court’s or Jury’s attention to the fact that your failure to perform chemical or Filed Sobriety Tests weakens the prosecution’s case. In addition, another strategy would be using expert witnesses to show that most of the breath test results are simply unreliable ways of proving a DUI.
Employing effective defenses or excuses:
Even if you were driving under the influence of alcohol, there could be an excuse the law permits. For instance, in Illinois, the defense of entrapment has been recognized as a legitimate defense to a DUI case. The entrapment defense has been successfully employed in a case where a park ranger ordered a driver to leave a forest preserve during close time. While the defendant attempted to move his car, the park ranger noticed that the defendant was intoxicated. An Illinois court found that defendant not guilty even though he was driving under the influence. The court found that because the defendant would have been arrested if he did not obey the police officer, he had no other choice but to drive.
The penalties for a DUI can be severe. Beating a DUI requires an experienced attorney with the skill of recognizes the weakness in the prosecution’s case. Having prosecuted over a thousand DUI cases, Attorney Uche has a lot of experience when it comes to DUI cases.
For a FREE 24/7 consultation with Mr. Uche call 302-252-5612 now!
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