World

Seven Factors That Can Get Your DUI Dismissed

Published

2 years ago

November 25, 2021

It’s never a good idea to drive under the influence of drugs or alcohol. Everybody knows that. But you’ll still find people drinking and driving on a daily basis. This results in accidents, damage to property, and even gets people charged with a DUI.

Unfortunately, some of these DUIs are unwarranted. Sometimes, it may only be a false positive on a breathalyzer test. If you happen to be falsely accused, a good defense attorney can help you get your DUI dismissed in court.

How to Get Your DUI Dismissed

No one wants a DUI conviction to be associated with their name, right? So you rake your mind trying to find ways to get out of it. But how can you go about this? This article explains numerous methods your attorney may use to get your DWI dismissed in court.

1. Blood Tests Or Breathalyzer Test Issues

There are no flawless tests, and when you have a DUI charge based only on a breathalyzer test, your DUI defense will usually be successful. For most policemen, if a breathalyzer confirms that you are under the influence, they will bring you to a precinct to get a blood sample drawn. If the blood tests are taken within three hours of the claimed incident, they are likely legitimate from a legal point of view.

Moreover, analysis of the sample by approved professionals is required. Otherwise, the evidence may be deemed unreliable and inadmissable.

2. Improper Grounds to Stop Your Vehicle

If the police have a reasonable suspicion that you’ve committed a traffic infraction, such as speeding or running a red light, they can stop you. In addition, if you’re driving recklessly and weaving in and out of traffic lanes, the DMV may suspend your license.

However, police have no jurisdiction to stop you if you follow the laws and drive with the traffic flow.

3. You Were Not Driving

In cases when the prosecution disputes that you were driving while intoxicated, police officers find it difficult to convince the jury. Even when they have substantial proof that you were drunk, there may be insufficient evidence to get a conviction.

4. Unlawful Acts of Search and Seizure

Without reasonable cause or until they acquire a warrant, police cannot inspect your car for evidence of liquor bottles or proof of drinking. Without a warrant, most officers cannot examine vehicles during a DUI arrest. So, whether there was probable cause to search the car becomes crucial. The Fourth Amendment’s privacy protections are violated when illegal searches and seizures occur.

5. You Didn’t Know the Drug Was in Your System

Even if you were not under the influence of drugs, someone might have drugged your food or drink and rendered you incapacitated while driving. You should not be convicted of driving under the influence as long as you can provide evidence to support this.

6. Inaccurate Field Sobriety Tests

Even the most reliable field sobriety tests cannot indicate whether a person is impaired by alcohol or drugs. Besides, there are only three tests with actual data to support their reliability. They only have the potential to detect impairment with a measly 65 to 77 percent chance of accuracy.

Poor results on field sobriety tests might also be attributed to innocent factors. This may include but is not limited to the following: intimidation, inadequate lighting, terrible weather conditions, unlevel surfaces, incorrect footwear, and more.

7. Entrapment

Your DUI charge can be dropped if you were entrapped. When you are coerced into something unlawful by an officer and arrested for it, it is known as entrapment. For example, if you are sleeping in your car while drunk and they force you to relocate the vehicle to leave a parking lot. However, before you can be released, you are arrested for driving under the influence.

Get Legal Help to Get Your DUI Dismissed

Warrantless arrests for DUI can lead to jail time, higher insurance rates, probable license suspension, and so on. Having a lawyer on your side may result in the charges being dropped instead.

World

A Step-by-Step Guide to Hiring the Right Personal Injury Lawyer

Published

1 week ago

April 19, 2024

Michelle Langton

Are you dealing with injuries, loss of income, and hefty medical bills because of an accident that was not your fault? If yes, you need the services of an excellent personal injury lawyer. But how do you determine if a lawyer is a perfect match for your personal injury case when you have so many options? This step-by-step guide aims to teach you the critical steps to hiring the best personal injury lawyer in your state.

1. Know Why You Need a Personal Injury Attorney

Typically, you must hire the right personal injury lawyer if you are pursuing a lawsuit for personal injury. As defined on Forbes, a personal injury lawsuit is a civil action that an injured person takes against a person or company responsible for an accident that resulted in injuries.

For instance, you get into a car crash or slip and fall incident in the workplace because of someone else’s fault. You can sue the party responsible for injuries, lost wages, medical bills, and mental anguish.

But there are instances you may not need a personal injury attorney despite being in an accident. For example, a minor fender bender where no one sustained injuries or had their property damaged is easy to resolve without involving lawyers. So, after an accident, evaluate the damages incurred. If they are severe, search for a personal injury attorney.

2. Do Extensive Research

Where do I begin my search? Referrals are valuable because you can ask specific questions regarding the lawyer’s communication style, availability, litigation experience, and fee structure. So, ask family and friends to recommend someone they have worked with. Search for attorneys in your area online if you need referrals. You can type a simple search query like ‘personal injury attorney near me’ on Google. Alternatively, look for a lawyer through online directories.

3. Schedule Free Consultations

You want to know what a personal injury lawyer will do for you. Therefore, schedule a free consultation meeting and ask questions like:

What will you prioritize in my case?

The right attorney will focus on getting justice and fair compensation to ensure your stress-free recovery. Communication should also be a top priority. The lawyer should communicate with you using simple terms to help you understand your legal rights. More importantly, they should update you about the case progress on time.

Do you have experience handling cases like mine?

As lawyers at Cohen, Feeley, Altemose & Rambo law firm mention, experienced personal injury attorneys will guide you through the legal process. Even more interesting, they will handle negotiations on your behalf to safeguard your rights. So, make sure your lawyer has experience in personal injury law.

It would be better if they had specialized experience handling cases like yours. For example, if you are pursuing a truck accident lawsuit, you will want a personal injury lawyer with expertise in dealing with trucking accident claims.

What is the value of my personal injury claim?

After evaluating your case, a skilled attorney should tell you the worth of your personal injury claim. What you should be cautious of are unrealistic estimates and guarantees. There are no assurances in personal injury claims. If a lawyer promises a higher settlement that sounds too good to be true, do not fall for it because they are lying.

How much are your legal fees?

Personal injury lawyers work on a contingency fee arrangement. Based on Cornell Law School, a contingent fee structure allows lawyers to receive a certain percentage of the total settlement value a client wins. As a result, you do not pay your legal representative any upfront fee.

4. Check Testimonials

Aside from experience, work with a trustworthy and reputable attorney. You can quickly determine a lawyer has an outstanding reputation by reading testimonials from past clients.

Find out if the clients feel happy about the outcomes of their case. How about the style of communication? Does the lawyer explain legal terms in simple language?

A reputable lawyer will receive positive feedback from clients and respect from peers. Also, check with your local bar association to ensure your preferred lawyer doesn’t have disciplinary actions against them.

5. Select Your Lawyer

At this point, comfort matters a lot. Do not choose a lawyer you feel uncomfortable discussing your legal issues with. Also, ensure they have the experience and resources to win your personal injury claim. Equally important, they should have an excellent reputation.

Conclusion

When you are a victim of an accident that someone else caused out of negligence, you need to seek justice and compensation for your injuries. There is only one way to achieve these goals. You must work with the best lawyer to pursue a personal injury claim. True, choosing the right one can be challenging. But you can make an informed decision if you follow this step-by-step guide to hiring the right personal injury lawyer.