How To Get A DUI Dismissed

Reasonable Suspicion

When you were pulled over did the officer have reasonable suspicion one of the following had occurred:

• A Crime
• You Committed a traffic violation, even a minor one
• You Hit Another Vehicle
• Speeding
• Improper Lane Change
• You Had A Broken Tail Light

Even if your charge isn’t listed above, there can be any number of reasons the officer could give for pulling you over, he or she still must have reasonable cause for the traffic stop.

Maybe the officer saw you weaving in and out of traffic, rolling through a stop sign or driving erratically. Regardless the officer must have a real basis for the stop.

If the officer doesn’t have a basis for your traffic stop then anything obtained after the stop has been initiated can be surpressed under the 4th Amendment.

This includes results of of any field sobriety tests that were administred including chemical tests like blood or most commonly the “breathalyzer” test.

Even your words to the officer can be surpressed if there ins’t a basis for the traffic stop.

Tip: Remember what you say can be used against you. Be polite, not argumentitive to the officer. Saying less is better.

As an example of not have a valid reasonable suspecion for a traffic stop would be this:

Maybe your leaving the area near a popular bar late in the evening in Jacksonville Beach. You aren’t committing any traffic violations like rolling a stop sign or speeding yet your pulled over. Just beacuse your in the area of a popular bar isn’t enough for propable cause.

Once stopped the officer notices you have slightly slurred speeach or red blood shot eyes (typical of individuals how have had too much to drink). Even though the officer now has a reasonable cause to believe you may be over the legal limit this evidence won’t be allowed under the “exclusionary rule”.

The exclusionary rule – This prevents the goverenment, the officer in your case, from bringing forth eveidence which was gained illegally. In most cases the evidence was obtained as a violation to the suspects 4th Amendment rights against unlawful search and seizure. 

Ways To Challenge

Another way you  may be able to get your DUI charge dismissed is by challenging the field sobriety tests administered by the officer. A large majority of officers use three main tests to assist in determining if a driver is too impaired to be behind the wheel of a automobile or other vehicle.

• Horizontal Gaze Nystagamus (HGN)
• Walk And Turn Test (WAT)
• One Leg Stand (OLS)

These test are something the officer has been trained in and are often their go to method of determining your level of impairment.

A knowledgeable attorney can often challenge these tests. Some of the possible challenges are:

• Were You Given Proper Explanation Concerning The Tests?
• Were You Wearing Improper Shoes To Take The Test? Example: High Heals
• Were The Tests Given In Low Light?
• Were The Tests Given On Uneven Pavement?

Horizontal Gaze Nystagamus HGN Test – If you were given the HGN test which checks for involuntary rapid movement of an eye in either vertical or horizontal direction.

The HGN test is conducted by having the officer hold a pen or their finger approximately 12 inches from the drivers face and at or near eye level. Then the pen is moved back and forth parallel to the ground in front of the drivers face.

The officer will be looking for three indicators:

1. Lack Of Smooth Pursuit
2. Onset Of Nystagmus Before 45 Degrees
3. Distinct Nystagmus At Maximum Deviation

Each of the above three indicators count as a point in the test, the officer is looking for a total of 3 points for each eye. The test can be repeated for both eyes for a total of 6 points.

Was It Valid?

You might be able to challenge any one of the chemical test like the blood, breath or urine test for accuracy. Challenging these tests depends on a number of factors which we would be more than happy to discuss with you.

For instance the  BAC breath test or as it’s conmanly known the breathalyzer test may be challenged on the grounds that the testing unit may not have been properly maintained or calibrated at the time of the test.

Breathalyzers require regular calibration and maintenance to provide accurate readings during breath tests.

Robert Carl Davis isn’t afraid to subpoena the maintenance and calibration records for the specific unit that you were tested with. With this information he may be able to prove that the unit was not calibrated or maintained properly.

You need a knowledgeable, qualified DUI attorney to represent you. It could be the difference between a DUI conviction or beating the charge.

Was It You? You Weren’t Driving

Were you behind the wheel? It may not be a case that can be proven by the officer in court, at not least beyond a reasonable doubt.

This DUI defense is most probable in the case of single car accidents when the police arrive on scene and no one saw who was driving at the time of the accident and there were passengers in the car.

This defense is best if you have not made any admissions of being the driver to the law enforcement.

This defense is strengthen if your not the registered owner of the car.

This defense may be applicable if law enforcement finds an intoxicated person in a parked car.

In either situation the question is who was really driving or at what time were they really driving? Were they under the influence at the time they were driving or did the intoxication occur after the car was parked.

The prosecution is under the burden of proving you were behind the wheel and were intoxicated at the time of driving.

As you can see it’s the little things that you may not have thought of or realized that can get your DUI thrown out or lead to a conviction.