The Best Three Defenses You Have
1. Challenge The Traffic Stop - For an officer to legally pull you over they must have a reasonable basis to believe you have violated the law.
- If there was lack of a reasonable basis then anything obtained post getting pulled over will be ruled inadmissible.
-Review the report, and see what the reason was why the officer pulled you over. If there is no valid reason, other than a “funny feeling” they had, the traffic stop will not stand up in court.
2. Challenge The Suspicion That You Were Under The Influence
-The officer will state in their report what their suspicion was based on, smell of alcohol, slurred speech, bloodshot eyes. etc.
- If you can prove you have a medical condition, allergy, or something alike that caused your slurred speech or bloodshot eyes you have ground for a fight. As far as the smelling of alcohol… maybe it was caused by mouthwash?
3. Challenge The Sobriety Tests
-Your blood alcohol level can’t be tested until you fail the field sobriety tests. So again, it the sobriety tests are ruled inadmissible then anything after that can be ruled inadmissible to.
-Here are some reasons why a field sobriety test may produce inaccurate results: illness, medication, weather, injury, even obesity has been proven to product inaccurate results for these tests
-For the breathalyzer, acid-reflux and heartburn can alter your sample.
-Lastly, the National Highway Traffic Safety Administration has only approved three different tests to be the standard for all officers. These include the Horizontal Gaze, the Walk and Turn, and the One Leg Stand. Any other tests proctored by the officer can be invalid as evidence.
If you need a DUI Lawyer in the state of California check out the links below: