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Bloomfield Hills DUI Defense Strategies
All too often, people believe there is nothing they can do nothing to defend themselves against a driving under the influence (DUI) charge. However, instead of automatically pleading guilty, there may be defenses available that could result in a reduction of penalties or even full dismissal of the charges against you. If you want to find out which Bloomfield Hills DUI defense strategies may apply in your case, you may wish to contact a local operating while intoxicated (OWI) lawyer for counsel.
Bloomfield Hills DUI cases are handled in the and it is also important for you to find and hire a lawyer who is very familiar with this court, its judges, prosecutors, and staff, because the 48th District Court is unique in many ways. Not knowing the ins and outs of this Court can result in a far worse outcome.
Every drunk driving charge is different, but various defenses may apply to your situation based on the circumstances of your case. A criminal defense lawyer could investigate your case and present your legal options for resolving the charges. With the legal advice that you need, you may be able to make more informed decisions about how you wish to proceed.Improper or Illegal Traffic Stops
One of the most common DUI defense strategies in Bloomfield Hills is to challenge the legality of the traffic stop. Most OWI arrests occur in the context of a traffic stop made by police. However, the law prohibits police officers from pulling drivers over or detaining them without adequate reason.
Police officers must have reasonable suspicion to believe that drivers have committed a crime or must have observed a traffic violation to pull them over for a traffic stop. Whether they have observed a traffic violation or a vehicle safety issue such as a headlight or taillight that is not functioning, the police may have a valid right to pull a driver over. However, stopping vehicles without such probable cause would be a violation of that driver’s constitutional rights.
An illegal traffic stop could directly lead to the suppression of evidence in a criminal case. If a court finds that police officers improperly stopped a vehicle that resulted in DUI charges for the driver, it may outright reject any evidence the police gathered during that traffic stop, rendering it inadmissible. As a result, an illegal traffic stop can result in reduced or dismissed charges due to a lack of admissible evidence.Inaccurate Administration of Testing Methods in Bloomfield Hills
Police officers commonly use a battery of field sobriety tests that the National Highway Traffic Safety Administration has developed for use during traffic stops. These tests are designed to measure whether drivers are impaired by alcohol or drugs. The three tests include the walk and turn test, the one-leg stand test, and the horizontal gaze nystagmus test.
However, the results of even “standardized” field sobriety tests are wholly subjective and completely rely on the officer’s instinct and belief. Other factors may exist that could affect the test results. Taking a medication or being ill may affect the ability of a person to balance while standing on one leg though it is important to note that if a person is impaired by a prescription pharmaceutical, they may still be liable for operating while intoxicated.
Police officers routinely use breath and blood testing to measure the blood alcohol content (BAC) of drivers but even the results of these tests may be disputed. Defective equipment, a lack of training on how to use the equipment, and improper procedures for operating the equipment might all lead to inaccurate results.Police Errors and Defenses to DUI Charges
Police officers must conduct traffic stops properly and administer testing appropriately to DUI suspects. Law enforcement officers must advise drivers of their Miranda rights during an arrest which includes a statement that anything that they say can be used against them in a court of law. Failure to deliver this warning could also result in the suppression of incriminating statements made by drivers concerning a potential DUI.
Other Bloomfield Hills defense strategies for OWI cases may also rest on police officer errors. If DUI charges rely on police reports or charging documents that contain significant errors, the court may call the credibility of the officers into question. Incorrect facts and statements by officers can be highly damaging to the prosecution as it attempts to make its case for DUI charges.Defense Strategies for DUI in Bloomfield Hills
By enlisting the help of a DUI defense attorney, you may be able to discover which Bloomfield Hills DUI defense strategies may apply to your case to better fight for a positive outcome.
In almost every case, you likely have defenses available that could alter the results of your legal process. Working with experienced legal counsel is likely to be the most successful way to identify and utilize these defenses. Call now to schedule a consultation and protect your rights.