If you have been arrested and charged with DUI, it is important to understand odds of getting DUI dropped the possible reasons for dismissal of the case. In many cases, valid defenses can be raised in court. This blog post will discuss some of the most common reasons for dismissing a DUI case. If you face charges, it is crucial to speak with an experienced criminal defense attorney who can help you build a strong defense.
Illegal Search and Seizure
If the police did not have a valid reason to stop your vehicle, the case might be dismissed. The Fourth Amendment of the United States Constitution protects against illegal search and seizure. If the police violated your rights, the court might dismiss the case. For example, the case could be dismissed if the police pulled you over without a probable cause. This is a reasonable belief that a crime has been committed. If the police did not have probable cause to stop your vehicle, any evidence they obtained as a result of the stop may be suppressed.
Lack of Evidence
One of the most common reasons for dismissing a DUI case is lack of evidence. To prove that you were driving under the influence, the prosecutor must present evidence that shows your blood alcohol concentration (BAC) was above the legal limit. If there is no evidence to support the charge, the case will likely be dismissed.
Inaccurate Breathalyzer Results
Another common reason for dismissing a DUI case is inaccurate breathalyzer results. Breathalyzers are not always accurate, and some factors can affect the accuracy of the results. The case may be dismissed if the prosecutor cannot prove that your BAC was above the legal limit. In addition, if the prosecutor engaged in misconduct, the case may be dismissed. Prosecutor misconduct can include withholding evidence, engaging in improper questioning of witnesses, or making inflammatory statements during closing arguments. If you believe that the prosecutor committed misconduct, it is important to speak with an attorney.
Miranda Rights Violations
If the police violated your Miranda rights, the case might be dismissed. Miranda rights are the rights you are read when you are arrested, including the right to remain silent and the right to an attorney. If the police did not read you your Miranda rights or coerced you into giving a statement, the court might suppress any statements you made.…