Challenging Your DWI Charges
Posted By Chernoff Law on Aug 21, 2012 7:01pm PDT
Drinking is a common form of entertainment and relaxation for many people around the world, and unfortunately there are times in which a person gets into the car and chooses to drive while intoxicated. In the event of receiving a DWI charge, all hope is not lost; there are several ways in which a skilled and experienced attorney can help you to challenge the accusations. It can be easy to assume that once accused of driving under the influence you will never drive again, or your record will be scarred for life, and this doesn’t have to be the case.
At Chernoff Law we are a legal team with years of experience in defending criminal charges, and we understand that every person has the right to prove their innocence, and our firm wants to help you do that! Here are a few ways in which we can seek to challenge the court to fight your DWI charges. First, did the officers make you illegally stop, or did they have proper reasoning to check your vehicle in order to accuse you of driving under the influence? Another key note when fighting these charges is to prove to the court that the field sobriety test given by the officer on the scene is not a complete reliable source of evidence against you.
Depending on the test that was given there tends to be no more than 0% accuracy when trying to prove intoxication of a driver, specifically when administering balance tests. Even breathalyzer testing can prove to be inaccurate, and as your attorney we will seek to find every angel for which we can prove your innocence. When doing proper research as an attorney, we will also look into any available camera or video images that may have been present at the time of your DWI incident, to make sure that the police officer on duty complied with the legal requirements pertaining to pulling your car over. Not only that, but we will also examine every police camera that you may possibly appear in.
This would include the camera that is on the police officers car, cameras in the police station during the time of your arrest, etc. If there is an inconsistency, we want to find it so that we can use it to fight on your behalf! If you were arrested, you most likely had a blood test taken in order to medically prove your intoxication and these too may prove to be inaccurate. Due to the many procedures involved in blood tests, there can be events in which the medical professionals don’t follow the proper procedure, if this happens we will be sure to use that in court. Another important aspect of proving your innocence is if there were any witnesses around that can be spoken to, these people can be on the scene or people from the locations you allegedly left to drive away drunk.
One of the most important, and common, avenues we can use to challenge your DWI is if the arresting officer failed to share your Miranda rights. Sure, we have all seen a law show and are familiar with it; however, if the arresting officer does not read them to you at that moment, because it is a law to do so, we may be able to use this in court as well. During our preparation for fighting your case, we will also examine the background and credibility of the officers on duty who conducted your arrest. If there are any questions that can be raised as to their reliability or lack of professionalism, we will be sure to address that as well. For individuals who suffer from medical conditions, being pulled over and field examined for driving under the influence may be a trying task.
There are situations for which a person is medically unable to comply with the demands of these tests and therefore will fail the field sobriety test. If this is the case we will want to make sure that we understand the full effects and complications of your illness in order to use it as a defense tool. A simple mistake by the court may also provide a good challenge for your DWI dismissal, and that would be the failing to grant you a speedy trial. Specific to each state, there is a certain time frame by which you must appear in court to fight your case, and if the court doesn’t provide this for you in a timely manner we will fight against it. Having a DWI attorney is crucial, and at Chernoff Law we want to fight for you! Contact us today for more information!