Two Ways to Challenge a DUI Case

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Two Ways to Challenge a DUI Case

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!

Categories: DUI Arrests, DUI Defense
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

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