DUI arrests can be really frightening, especially when you know you are an actual offender. Most motorists in the USA are aware of the several consequences of the life-threatening act, hence they are usually watchful and careful of avoiding the same, especially for legal reasons. Still, law enforcement agents do manage to arrest a whole lot of offenders as you may imagine. This usually leads to court cases amidst corresponding charges.
In most places in the US including Denver, DUI charges may be dismissed before the actual trial begins. This may sound so much a surprise but it is real. Sometimes, the prosecution may choose to dismiss the case on their own once they spot any known defect in their case. Usually, a very professional Denver DUI attorney should be able to point this out to them, even if they cannot analyze their cases properly to that understanding. Also, DUI cases may be dismissed because of persuasive Denver DUI Attorney defense as may be well posited and pronounced in his arguments and motions.
In most cases, DUI lawyers usually advise pleading not guilty of DUI charges because often times, the police usually fail to follow proper procedure in making charges up. Also, the prosecution usually knows there is reasonable likelihood their cases would be struck out, and said offender acquitted and discharged if the case makes it to trial. Most frequently, it is the prosecutor who will drop or dismiss charges against a said offender, while in some instances, the Judge could also authorize dismissals. Whichever way, the end result is that supposed offenders would be free and be able to continue life without worrying criminal records and court cases. Here are a few reasons a DUI case could be dropped or dismissed.
Improper Stops:
Police do not have reasons to stop you for a DUI check when there is no evident suspicion that you are driving under influence. If this is done, it may amount to case dismissal at the hire of a professional Denver DUI attorney, who will point out the lack of merit based on improper stop.
Illegal Searches and Seizures:
Law enforcement agents are not allowed by law to stop your car and search for signs of alcohol and containers unless a warrant has been obtained for the same. You are also advised to watch out for illegal checking points as your charge may be dismissed if you have been pulled over at an illegal check point. Illegal searches and seizures automatically violate the law about the arrest and so the case would be dismissed.
Illegal Field Sobriety and Chemical Tests:
There are specific ways and requirements for field sobriety tests. If the police officers do not follow these properly, then arrests become invalid. Drivers are generally supposed to consent to chemical tests. Yet, a police officer is expected to explain suspects’ right to them. Testing machines should be calibrated correctly, and the chain of custody, as well as test results, must not be broken before trial. Otherwise, arrests also become invalid.
Failure to Advise Suspects of their Rights to Call an Attorney:
Denver DUI lawyer is not figureheads. They are there to defend citizens’ rights and for justice. However, they usually collaborate with other agencies for the smooth running of affairs and justice. To this end, police officers are supposed to keep suspects abreast of their rights to call on a lawyer to defend their charges. If this is not done, arrest becomes invalid and DUI charges would be dismissed.
