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September 1, 2017 | admin Getting Your Los Angeles DUI Case Dismissed
If you are under the suspicion of drunk driving or any DUI case in Los Angeles, you should not take it as the end for you. Despite the charge, it is possible for your case to get dismissed. There is a process that you need to go through before you are convicted or found guilty. It is even possible for your case to be dismissed on its onset, right before you go to court.
What Happens after the Arrest?
After you have been arrested, the officer who did so will file a report. He or she will submit that report to the prosecutor’s office. After that, the prosecutor will review what the officer has written in the report. It is the prosecutor’s job to determine whether or not there is enough evidence to charge you with a driving under the influence (DUI). If the prosecutor believes the proof provided is indeed sufficient, your case will be taken to trial.
Not all DUI cases have enough evidence, and so, it is possible to win the case. There are even some instances where the case is dismissed before the driver is taken to criminal court to answer the DUI charge. Often, this occurs when the evidence is not sufficient.
How to Win Your DUI Case
If your case had gone to trial, it does not mean you will be convicted of DUI. There are still some ways that can lead to the dismissal of the case. For this to happen, you will need the help of a reliable and experienced Los Angeles DUI lawyer. Only a good lawyer will be able to find a way for you to win your DUI case. The attorney you hire will spend time learning the strengths as well as the weaknesses of the charge against you. With the information gathered, he or she will be able to find a working strategy that will eventually lead to your case’s dismissal. At the very least, the lawyer will help in reducing your charges.
There are conditions that warrant a dismissal of the DUI case. It is possible that the arrest is unlawful and if you feel that it is, you can tell your lawyer about it. Some instances where the DUI charge may be deemed invalid include:
There are some police officers who act unlawfully or they abuse their power when it comes to arresting citizens. If you have been arrested and you feel that it is not right, you can defend yourself in court. It is required that law enforcement has a valid reason or rational suspicion to authorize a traffic stop. This means that police officers do not have the right to simply pull you over just because they want to or due to any reason that is not related to the law. There are certain situations, however, that may suggest a driver should be required to stop, including:
Presence of a DUI checkpoint
Driver violated traffic law such as erratic driving
Vehicle in use is described as one involved in a crime, or it is a stolen car
There are also some instances where a person is pulled over to submit a breathalyzer. What most drivers do not know is that they have the right to say no particularly if the officer does not have a reason for the request. However, refusal to do a breath test can subject your license to at least one-year suspension. It is important that during the hearing, the refusal has a valid purpose.
It is also common for DUI cases in Los Angeles to be dismissed due to a faulty testing device. If your lawyer can prove that the sobriety test results are not correct, you have a huge chance of winning. It is very helpful if the lawyer is equipped with the familiarity and experience in dealing with breathalyzer and intoxilyzer devices. Your lawyer can challenge the test results before the judge who will hear your case.
With the help of your lawyer, you may be able to convince the judge that there is not enough serious evidence against you. Your lawyer may also be able to help you in case your arrest was illegal.