what can i do to ensure successful defense of a chicago dui
Friday, January 26th, 2018 at 4:26pm
Friday, January 26th, 2018 at 4:26pm
Successfully defending a DUI case in Chicago begins with getting a skilled attorney on your side who specializes in these cases. Stick with a law firm that has a dedicated DUI attorney, one who understands the complexities of these type cases and will be in the best position to cast doubt on the evidence presented by the state against you.
These are a few of the things your Chicago DUI attorney will do to successfully defend your case;
Interpreting the Police Dash Cam Video
Your Chicago DUI attorney will have access to the police dash camera used when the officer made the determination to pull the vehicle over. While this video may not be too revealing to the driver, it does give the lawyer an opportunity to see things from the eyes of the officer. The officer made the determination to begin the DUI investigation based on driving patterns that have been used to identify intoxicated drivers in the past. These driving patterns include driving with the headlights off, swerving and weaving along the roadway, and traveling well below the posted speed limit.
Your Chicago DUI attorney will be in the position to show the court that the reason for the driving pattern exhibited that night could have been a reaction to medication, traveling for a long period of time with no sleep, or a malfunction with the vehicle.
Arguing the Intent of the Officer
The officer may have determined long before speaking with the driver that they were under the influence based on the driving patterns they exhibited. When the officer was able to speak with the driver, they may have already assumed the driver was intoxicated when they began questioning them. The questions asked by the officer were in fact recorded, as well as the answers to those questions. Now although the driver may have said something that could have incriminated themselves, there could have been very good reason.
The DUI lawyer will show the court that this driver may have simply been reacting out of fear of their safety from the officer. The driver could have never been pulled over before, and was extremely nervous and frightened about the thought of going to jail which affected the way they answered the officer. If the officer was short with the driver who was simply nervous or tired, your lawyer can present this in a way that could cast doubt on the state evidence.
Analyzing Field Sobriety Test Results
Once the officer has reasonable cause to think the driver is under the influence, they will ask the driver to perform a number of field sobriety tests in an effort to collect corroborating evidence. The officer has numerous field tests they can instruct the driver to perform, and it is this discretion of the officer that allows them to choose the testing they feel is most appropriate for the situation. The officer can ask the driver to recite the alphabet backwards, stand on one leg and be motionless, or walk a straight line back and forth, all in front to the police dashboard camera.
The DUI attorney has access to that same video, and can begin to try to lessen the credibility of the officer and the field test in a number of ways. The DUI lawyer can show the court that a scared and nervous sober individual could have a very difficult time being able to recite the alphabet backward under the watchful eye of an intimidating officer. Once doubt is cast on the evidence, your lawyer can work on getting the evidence dismissed.
Blood Alcohol Testing Equipment
Regardless what number the blood alcohol test revealed, your attorney does have a number of ways to discredit the information in your particular DUI case. Once the attorney has the results, they will uncover the name of the officer conducting the test and the exact make and model of the equipment used to get your blood alcohol level. Your attorney will carefully analyze the evidence and make certain that your rights were upheld during the entire arrest and testing process. Your attorney will make certain the officer has experience with this model device, calibrated it correctly, and then look closely at their record and experience with the device.
Then your attorney will research the device used to test your blood alcohol level, looking to see if the manufacturer of the device has a record of providing false positives, or if the device has a history of being faulty.
Your Chicago DUI attorney has the experience to take the state evidence against you and poke holes in the credibility. Working as a tough litigator, your lawyer will fight in the court on your behalf to try and reduce the charges or get the case tossed for lack of evidence.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Learn more about DUI by reading this wikipedia page.