Being handed a DUI charge is not pleasant and can be life-altering if there is a conviction at the end. However, before it reaches such a drastic point, there is a lot accused citizens can do. The DUI charges can be dropped if one of four things is proven and they will be mentioned here.
A good lawyer is able to go after these points to help their client.
Legality Of A DUI Checkpoint Stop
It begins with the DUI checkpoint stop and how it was conducted. If there are irregularities in how the checkpoint stop was manned and how the processing was conducted, the lawyer can fight the charges.
There is a due process in place for all checkpoint stops and if those regulations are not followed in accordance with the law, all charges go out the window.
The Field Sobriety Test
How was the test taken and did the officer know what they were doing? Were there irregularities with how the test results came back? Did it not match up with what the officer’s testimony said. The results themselves can be misinterpreted and that can all be questioned by the lawyer.
If the test had mistakes present then it would start coming out through the legal proceedings taking place. The field sobriety test has to be conducted in a manner where it follows the set procedure and does not veer off because the officer didn’t follow through with what they were supposed to do.
Citing A Failure To Issue Implied Consent Warning
There is a warning that has to be given to the citizen before the officer is able to have them tested and if this was not clearly given, they will have all of the charges removed. It is pertinent for the officer to give this warning or they are not doing their job and therefore, the charges are dropped as well.
Asserting An Officer’s Failure To Read Miranda Rights
“…You have the right to remain silent…” is commonly heard in the movies and you will know about it from there, but it has a real life purpose to it as well. These Miranda rights have to be read to each person that is being dutifully arrested for their charges.
If these rights are not read to the person being charged, all charges have to be dropped as they were not sanctioned in a legal manner. The rights not only have to be read, but they have to be read properly to ensure the arrest is legitimate.
These are four things a Kansas City DUI lawyer can challenge when they go to court and using this to your advantage is helpful. The Kansas City DUI lawyer has plenty to work with when these four things are in their arsenal. Clients can receive the benefit of the doubt considering the seriousness of the charges.
Go with a certified lawyer who is able to handle these points and make them work for the client.