The answer to this question is
unfortunately a grey area. Whether or not you can have your DUI charges dropped
or beat your DUI case in trial depends solely on what exactly transpired in
your case, and of course, the reasoning and defense strategy adopted to fight
the charges. This is a tall order and requires that you be aggressively represented
by a marvelous legal counselor who can help you fight your DUI case effectively.
Possible
reasons why prosecutors may drop charges against you
According to DUI lawyers in
Philadelphia, PA there are specific procedures and regulations that law
enforcement officers need to abide by. Sometimes, they fail to abide by these
laws or just one of these laws and this can invalidate the whole case against a
suspect.
This is when prosecutors have no choice
but to drop the charges. Let’s look at what could possible happen during a DUI
arrest that could lead to your charges being successfully dropped but
regardless, you will need a Philadelphia, PA DUI attorney.
Reasonable suspicion for stop: A law
enforcement officer cannot simply pull you over without a valid reason. You may
only be pulled over if you are plainly seen violating any laws (running a red
light, stolen tags) etc. Therefore, if the DUI arrest was a result of an
unconstitutional stop then your Pennsylvania DUI attorney will point this out
and the whole arrest will be deemed invalid and any other evidence against you
(breathalyzer results, blood samples, etc.) will all be discarded.
Now if your name is Dexter Morgan (Michael
C. Hall) and you throw beer bottles out of the car while driving across the
country, then you should be pulled over, arrested, and charged with a DUI. You
should be charged with littering too! But if you are driving fine and not
endangering anyone in your car, then the police should not pull you over.
One of them needs to admit they need a designated driver or they will need a DUI lawyer in Philadelphia, PA instead. |
Probable cause for arrest: even after
you are pulled over while driving your car, the law enforcement officer will
require your consent or a search warrant to search your car, your person or any
other property of yours. Therefore, if you are subjected to a breathalyzer test
or a field sobriety test even if you object to it then this can be used as a
defense point in your case to beat the charges against you, caution
Philadelphia, PA DUI lawyers.
Other
defense strategies to beat your DUI case
If the arrest was done by the book, you
may still be able to disprove the case in court if you have a smart enough
defense strategy. For example, many legal professionals have been successful in
arguing that breathalyzer results actually record breath samples and not blood
alcohol content. Therefore it cannot be used as evidence alone to prove without
a doubt that the suspect was in fact driving under the influence.
There are many other employable DUI defense
strategies that exploit loopholes in the law in order to beat the prosecution.
So if you have been arrested for a DUI don’t
make the mistake of trying to fight your case without solid legal
representation. The consequences of a DUI conviction are far reaching. All you
need is a Pennsylvania DUI lawyer to work with you to achieve the best possible
outcome.
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