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May 26, 2017 | admin Title 17 Violations Defense
Some people wonder how anyone could ever successfully defend against a DUI charge. The answer is short and simple. Experienced Los Angeles DUI lawyers are aware of something called Title 17 and other common defenses against a DUI that other lawyers simply aren’t aware of. When you’ve tried these cases for decades, you know all the defenses out there. You’ve not only learned about them but applied them in a court of law and know how they can help a defendant get their best outcome in a courtroom.
One of the most common and successful defenses of any DUI case stems from the mishandling of protocols during arrest and during chemical testing. Title 17 is the California code of Regulations that lays out these protocols. If law enforcement agencies fail to adhere to these standards during their DUI investigations, the defendant rightly should have their cases handled differently than a simple guilty or not guilty plea. If law enforcement fails to follow the rules, good Los Angeles DUI lawyers will seize upon this and attempt to have the case dismissed entirely.
Another common error made is during testing. If BAC test results are handled improperly so as to corrupt them, they may not even be admissible in court. A Los Angeles DUI attorney knows how to assess the handling of the DUI test results to ensure that they were properly administered and handled. If they were, Title 17 is a very serious code of conduct. If not followed, criminal charges may be thrown out. Only a great attorney can know about Title 17 and know whether or not it was followed during investigation and throughout arrest.
Not every Los Angeles DUI attorney care enough to carefully go through the evidence of the case and ensure that Title 17 rules were followed. Michael Kraut is one attorney that takes this part of investigation very seriously. He knows that unless law enforcement personnel follow these regulations, his client is being unfairly charged with a crime. He has extensive work within the California court system and knows how to check to make sure that blood samples, BAC tests, and other evidence were gathered and handled correctly. If in the event they weren’t, he knows how to use this to his client’s advantage. In some ways, Title 17 is a good DUI lawyer’s best friend. Many cases shouldn’t even go to court because of improper handling of a client’s tests.
Breath tests are particularly important. There should be a time period of 15 minutes before the person is even tested. If they’re tested before that, violations of Title 17 might have occurred. Observation should be confined and the person shouldn’t eat, smoke, drink, vomit, or anything else before testing. This can sometimes contaminate the results. Great defense attorneys know this and carefully review the accounts of what happened before and during BAC tests.
Urine testing samples should also be handled properly. In most cases, these are unreliable tests and if they were used solely, a good defense lawyer is going to know to go straight to Title 17 to make sure nothing went wrong. In many cases, something did go wrong to make the test unreliable.