Driving under the influence (DUI) is something the United States government
takes very seriously, because if anything were to happen it places lives
a great risk. The danger of a drunk driver rests not only in the driver
themselves, but also in any other people that are on the road or walking
in the nearby area.
If an officer of the law caught a person who appears to be at all under
the influence, they will do what is necessary to bring about justice in
the eyes of the law. While as citizens we can greatly appreciate all that
our officers do for us each day, there are also times in which mistakes
do happen, and poor judgment calls are made, and people get behind the
wheel under the influence.
Challenging a DUI Charge
Here are a few ways that if accused of a
DUI charge you can attempt to beat it, and walk away a free person. There are no
guarantees for any tips because of the uniqueness of each individual situation
and hiring a DUI defense attorney is going to be the best choice to make
when fighting any type of DUI charge.
1. The officer’s statements.
After you are arrested, you have the right to the information that the
officer wrote down from that arrest. This is called “discovery”
and you legally have the right to that information. Type a very polite
letter to the arresting officer through the mail and make sure to set
it up for a recipient’s signature.
Make sure you keep the stub that shows you sent the letter, and if they
never respond and you go to court bring it with you. There is a possibility
that if you are able to show the judge that you went about this process
in a professional and timely manner that the case may be dismissed due
to the officer’s lack of cooperation. Remember, if the officer actually
does respond and informs you there are no notes, this method will not
work when approaching the judge.
If the officer does respond to you with the details of the arrest, study
it through and through, and by understanding their point of view may help
you to argue your case. This will help if the officer mentions you were
stumbling over your words and unable to walk, and say you are certain
that you were doing those tasks just fine, you would want to argue that
with the judge.
When fighting a DUI charge, you want to find whatever discrepancies you
can in order to move the judge to dismiss the case. This would include
the officer not reading to you the Miranda Rights; while many people are
aware of the “right to remain silent” it is still required
by law that the officer recites it in its entirety to you.
2. The police stop.
Another common discrepancy would include the officer not having a cause
for pulling you over in the first place. For example, if you did not violate
any traffic laws, nor did your driving show any signs of swerving, then
you will want to bring this before the court as well.
In the face of DUI charges, you don’t want to challenge your case
by yourself; hiring a DUI defense attorney who has a thorough understanding
of the law, is going to be a good choice to make. If you are accused of
a DUI and are considering hiring an attorney,
contact the Law Offices of Virginia L. Landry today for more information, we want to fight for you!