Discussing Criminal Attorney Services

You may have seen movies or read stories featuring someone beating a charge because of a technicality. While it's never really that easy, some technicalities may help you beat a DUI/DWI charge.

A Mistake is Not a Technicality

The first thing you should understand is that mistakes and small clerical errors are not typically technicalities.  They almost certainly won't help you defeat a DUI.

Many people think things like an officer writing their name wrong on the citation, or failing to read them their rights at the scene, qualify as legitimate technicalities. That is not how it works. However, there are certainly some situations that can work in your favor.

1. An Illegal Stop

Where you pulled over illegally? If an officer pulled you over illegally, you can use that illegal stop to challenge the DUI. But what exactly constitutes an illegal stop? Mostly, the officer needs a reason to stop you. This can fall under reasonable suspicion or probable cause.

If you were driving steadily, obeying all traffic laws, and generally not drawing attention to yourself in any way, then there's no reason for a stop. Unfortunately, officers in many jurisdictions have a very broad legal right that makes up what they can consider a reasonable suspicion.

Note that there's a difference between a reasonable suspicion and probable cause. A reasonable suspicion doesn't have to consist of much more than a hunch. Probable cause requires more concrete evidence.

A note on racial profiling

If you suspect racial profiling had a part in your stop, then it usually works the same as a lack of probable cause. Race isn't a reason to pull someone over, so it counts as an illegal stop. Discrimination, if proven, is a federal crime.

2. An Absentee Officer

One of the more common technicalities out there can occur if the officer who charged you doesn't show up in court. If you dispute the DUI charge, then the officer will have to show up to give his or her testimony.

If the officer doesn't show, the judge may drop the charge. This isn't a given, but it can help your overall case if there's no one to dispute your version of events.

Don't Put Your Trust in a Possible Technicality

A technicality can work in your favor, but not always. In addition, there are many other technicalities only a lawyer who practices in your specific locality will know about or know how to make use of. Even if you know you're in the right about the situation, speak to a DUI attorney, like Angela L Walker PC, about fighting the charge.