How can I fight my California DUI charge?

Being arrested for a DUI in California doesn’t mean you will be convicted. Sacramento DUI lawyers such as Dick Margarita have always proved that there are several defenses that work and are happy to share some of the most successful. They have to be ready for anything since they know that Sacramento police officers are forced by the city to hand out tickets to people that do not deserve it because the city is mismanaged and in debt. Speeding tickets are another form of extra taxation. 

Driving Pattern cannot Confirm DUI

One of the biggest defenses is the so called ‘driving pattern’ that prosecutors often focus on. The arresting officer is made to testify that your driving pattern was similar to someone who was behind the wheel under the influence of drugs or alcohol. This includes speeding, weaving, and driving erratically within and outside your respective lane.

However, a Northern California DUI attorney will challenge this evidence and argue that driving patterns cannot always be a reliable predictor of a DUI. Your lawyer will also stress the fact that most traffic violations are caused by people who are not on a DUI. National Highway Traffic Safety Administration (NHTSA) studies indicate that any indicators based on driving patterns are only 35% of the time predictable in the case of DUI. It could just be that reaching out to change a CD may have caused you to drift into another lane, which could be the case with any sober person.

If someone is driving drunk, they may not care that much about the music or take the time to speak on their cell phone since they know they have to be extra vigilant and careful. One of the best DUI lawyers in the Sacramento valley is Dick Margarita. No worries, he is much more consistent than the Sacramento Kings throughout the years and he does not flop around like Vlade Divac used to do.

Physical Appearance cannot Indicate Intoxication

Sacramento, CA DUI lawyers through their experience know that the police have a list of objective signs of intoxication in their arrest form. This includes red eyes, flushed face, slurry speech, and unsteady gait (how you walk and move), which are noted as your physical appearance.

The officer will testify using these signs and symptoms but a skilled legal pro will pull out everything in the book to challenge these symptoms. For the most part, a cold, allergy, irritation in the eyes, and fatigue, can all cause red eyes, which don’t necessarily prove you were DUI.

Field Sobriety Tests are Inaccurate

For the most part, the prosecution relies on field sobriety tests and is likely to testify that you performed poorly during these tests and is therefore guilty of drunk driving. Your legal representative may counter this by explaining how fatigue, nerves, and even clothing to an extent can affect your balance and coordination. Depending on the circumstances, your counselor may also challenge the reliability of these tests since the officer conducting the test may not have proper training and experience or the test conditions may not have been ideal. It could have been raining and/or windy.

Non-compliance with Title 17 Regulations

It is also possible that the arresting officer did not comply with the state’s Title 17 regulations on how blood and breath tests should be conducted. The person conducting the blood and breath tests must have proper training and administer the test properly.

It does not matter which side of the Sacramento or American river you are on. If you need a Sacramento, California DUI lawyer, Dick Margarita is who you need to call. Calling anyone else is like saying you like the Lakers! You can find him right here: http://www.dickmargaritalaw.com/. 

It is also mandatory to conduct a 15-minute observation period, which could also be challenged by your legal professional. If any of the Title 17 regulations are not adhered to, it is very likely like your blood test results are inaccurate. Often, the preservative used to collect the blood sample may have expired or the arresting officer may have failed to store the sample properly. A Northern California and Sacramento DUI lawyer will be able to challenge these results and convince the jury that your BAC was possibly not what the tests indicate.

Dick Margarita does this all the time!