Why are DUI Cases Sometimes Dismissed?
Attorney James E. Novak has extensive knowledge and experience in Arizona DUI laws. Cases can be dismissed in situations such as an illegal stop of a vehicle or inaccurate testing. Working with an experienced DUI attorney can make all the difference in potential dismissal of your case, reduced charges, or serving a lengthy sentence. If you have been accused of a DUI, contact The Law Office of James Novak today to learn more about reasons for DUI case dismissal in Phoenix, AZ.
While many of these factors can result in a case dismissal, in some cases it may only result in evidence being thrown out.
Common Reasons for a DUI Case Dismissal
A DUI case can be dismissed for a number of reasons. While many of these factors can result in a case dismissal, in some cases it may only result in evidence being thrown out.
- Illegal stop of person or vehicle. An officer must have probable cause to suspect that you are driving under the influence to pull you over.
- Illegal search or seizure. An officer must have probable cause or reasonable suspicion to search your vehicle, such as a visible open container or drug paraphernalia. You have the right to calmly refuse the search if you believe the officer does not have probable cause to search the vehicle. If the search proceeds, any evidence obtained may be inadmissible in trial, and could result in a case dismissal.
- Field Sobriety Tests (FST). Field sobriety tests are often difficult for sober suspects to pass, and they are completely subjective, relying on the opinions of the police officer.
- Videos in the police car and station. These videos may show that the suspect is not staggering or experiencing issues with balance, and may also record clear, non-slurred speech.
- Inaccurate tests and malfunctioning test equipment. Blood tests are not always accurate, and the test equipment can malfunction, resulting in an elevated BAC. Additionally, if the test is administered by a non-licensed professional, that can be grounds for dismissal.
- Test not administered within allotted timeframe. Breath, urine, or blood tests must be administered within two hours of the suspect operating the vehicle. If the test is not administered within this timeframe, the results are likely to be inaccurate.
- Failure to honor the suspect’s rights. When you are placed under arrest, you must be read your Miranda rights. Additionally, they cannot deny your right to an attorney. If they ignore your request for an attorney or neglect to read you your rights, that can be used to obtain a case dismissal.
- Medical conditions. Certain medical conditions and the medications to treat those conditions can affect a suspect’s ability to adequately perform a field sobriety test. Some conditions and medications may affect the results of a breath or blood test as well.
- Inclement weather. If there were severe winds, snow, rain, or other weather conditions that might limit your visibility, local weather reports proving these conditions can be used to potentially have your case dismissed.
James E. Novak will thoroughly investigate your case and gather all pertinent information to try and have your DUI case dismissed. If a complete dismissal is not possible, he will work to get your charges reduced so that you serve the minimum sentence. Contact The Law Office of James Novak today to discuss your case in detail.
