DUI 1st story
THERE ARE MANY WAYS TO WIN A DUI CASE IN LOS ANGELES
In defending driving under the influence (DUI) cases over the course of the past 25 years in all of the Los Angeles courthouses, I have seen cases won and lost in all kinds of different ways. The above story is just one example of the police illegally pulling someone over and then eventually arresting them for a DUI. If the pull over was illegal, and we can prove it, then everything that flowed from that illegal pull over (the field sobriety results, the breath result and all other indications that the person was intoxicated) will be thrown out and the case will be dismissed. This is the protection that our constitution gives us against unreasonable stops, searches and seizures. Of course you must have an attorney by your side who can hammer these legal arguments home!
Another problem that I see in DUI cases quite often relates to the police grabbing a person that they do not actually see driving and either not being able to put them behind the wheel or having a problem pin pointing exactly when they were driving. One of the key things that the police must prove in a dui case is that the person was driving the car. They can usually get around this by simply asking the person who they suspect as driving whether they were the driver. However, I see them asking this question, but forgetting to ask the person when they were driving. This is important so that their expert can be able to say what the person’s blood alcohol level was at the time of driving. On average the police usually do not get the person suspected of DUI back to the station to complete the breath test until about an hour after their arrival on scene. Hence, their expert will have to say what the person’s blood alcohol level was an hour before the test. There are many factors that go into this (height, weight, what the person ate, what they drank, when they drank etc.), but without knowing when they were driving, the case is over for the prosecutors before it starts.
WHAT IF YOU WHERE PARKED WHEN THE POLICE COME UPON YOU AND EVENTUALLY ARREST YOU FOR A DUI?
Another key thing that the prosecutors must prove in a DUI case is that the person they arrest was actually driving a car. If you are parked when they come upon you, there is an argument that you were not driving a motor vehicle for purposes of a DUI and therefore you can not be convicted of anything. Of course the police and prosecutors will say that you had to have driven the car to where you were park at some point. The question is when did you drive it there in related to them seeing you and drinking alcohol. If you are illegally parked in the roadway, then they will have an argument that you are driving regardless of whether the car is moving. Further, just because your keys are in the ignition of the car when the police come up on you, does not necessarily mean you were driving. If the car is legally parked and not moving then there is a strong argument you were not driving for purposes of a DUI.
If you have any of the above issues going on in your case, or if you were arrest for a DUI and want to achieve the best resolution you can in a discreet and professional manner, call and set up a free consultation so we can educate you on how the system works and what we can do to help you.