It has been proven true throughout history that knowledge really is power. What you don’t know can hurt you, when it comes to defending yourself in DUI cases. There are many laws and regulations that a Bloomington (Illinois) Criminal Defense Attorney can help you identify and maneuver through. There are several topics that can be addressed and used when preparing a defense to help you in the midst of a legal battle. Here are 10 ways to beat a DUI and important tips to remember:
1. ILLEGAL STOP OF DRIVER- A driver cannot be pulled over and stopped unless there is a plausible reason to believe a law has been broken. A person cannot be legally seized or detained unless there is a violation that has occurred.
2. REPORT OF DRUNK DRIVING- You cannot be legally stopped just because an anonymous individual has reported that you are drunk or that they think you may be drunk. This opinion cannot be used as grounds for pulling over a driver.
3. WEAVING INSIDE YOUR LANE- If your vehicle is weaving inside of the lane, but is not crossing any lines, it is not illegal. A vehicle cannot be stopped based off of this.
4. UNAPPROVED BREATH TEST DEVICE – If the instrument being used is not listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, the results may be inadmissible in court.
5. INACCURATE BREATH TEST- If only one breath test was obtained you may have a case. One may not be enough to be reliable. They are prone to have a certain amount of inaccuracy.
6. THE RIGHT TO HAVE A SPEEDY TRIAL- A trial must be provided within 120 to 160 days of demand. If this is not accomplished, the charges may be dismissed.
7. WITNESSES- Many times individuals who witnessed the wreck can provide very important evidence that may be able to prove your innocence.
8. MIRANDA WARNINGS- If police have failed to issue Miranda Warnings, a prosecutor may not use the statements of defendants in custody. Make sure to contact a Criminal Defense Attorney in Bloomington Illinois to help guide you through the process.
9. OFFICER’S RECORD- The prior disciplinary record of an officer can be used effectively to disprove the police officer’s credibility. If the officer cannot give credible testimony, this could improve the chances of your case.
10. INCLEMENT WEATHER- If it was raining, there was low visibility, excessive wind, or other extreme weather conditions existed, this could explain what appeared to be poor driving or reaction times. It is important to take accurate notes and video or photographs of the scene to be able to help establish your case.