Driving under the influence (DUI) allegations can lead to many concerning consequences. Defendants who get convicted or plead guilty can lose their driving privileges. They may spend time in jail or need to submit to probation.
They also have to deal with the impact of a permanent criminal record. Some individuals accused of impaired driving can fight the allegations they face by mounting a defense in criminal court. In some cases, defense attorneys can keep their clients out of court entirely by convincing a prosecutor to drop or dismiss the pending DUI charges.
Instead of the stress, exposure and expense of a trial, a defendant may benefit from the prompt resolution of the allegations against them. How can a defense attorney convince a prosecutor to dismiss DUI charges?
By eliminating crucial evidence
Typically, prosecutors don’t bring criminal charges against individuals unless they feel confident that they can secure a conviction if they go to trial. They make that decision based on the evidence gathered by law enforcement professionals.
Field sobriety test results, statements made by the defendant and chemical test results can all contribute to the state’s case. If a defense attorney can convince the courts that a traffic stop was inappropriate, then the state may need to exclude the evidence gathered during that traffic stop from criminal proceedings.
Constitutional protections that prohibit unreasonable searches and seizures can help people accused of breaking the law. If police officers did not have a valid reason for initiating a traffic stop in the first place, then the evidence that they find while inappropriately detaining a motorist may not be useful at trial.
Defense attorneys who have experience handling DUI cases can sometimes challenge the validity of a traffic stop and convince the courts to exclude any evidence gathered during that stop. Reviewing the situation that led to DUI charges can potentially lead to a successful criminal defense strategy.
Sometimes, attorneys can convince the state to dismiss pending charges because of inappropriate police behavior. Learning more about common defense strategies may be beneficial for those who want to avoid a DUI conviction. Especially if police officers may have violated the law or the rights of the defendant, there may be a reasonable defense strategy available.
