Too often people make the mistake of pleading guilty for a criminal or traffic charge. Don’t do it. The criminal justice system is designed for you to plead “Not Guilty.” In America you are considered innocent until the prosecutor can prove you guilty beyond a reasonable doubt. The best criminal defense attorney can help you. Even the most complicated cases can be won. Things to remember:
There must be reasonable suspicion for a traffic stop. Law enforcement must have a reason to pull you over – from a broken tail light to making an illegal turn, etc. for the stop to be legal. If there is lack of any evidence to justify the stop, anything collected after the “illegal” stop would most likely be suppressed on a motion from your criminal defense attorney. The conviction of a DUI rests mostly on the evidence that is collected – thus your entire case could be dismissed.
Field Sobriety Tests must meet state guidelines. There are rules and regulations in every state for this test to be used at a traffic stop. The criteria that must be met or the results are thrown out:
- Operator must have current certification
- Machine must have current certification
- Machine must be properly calibrated
- Mouthpiece must be changed before the test is given
- Logs, records must be kept of the temperature of the solutions used, tests run, calibrations
- The number of times the calibration solution has been changed
A good criminal defense attorney will get all the copies of the various logs, maintenance records, and the operator’s license or certification.
Must have a probable cause for your arrest. No matter the reason that you were legally stopped, law enforcement must then have probable cause that a crime was committed for the arrest of a DUI to be valid. Was there evidence present to lead him to believe you were driving under the influence? Probable cause: slurred speech, flushed face, red and glassy eyes, inappropriate attitude, fumbling, disorientation.
The Bottom Line: A skilled criminal defense attorney in Ohio will examine all of the evidence to make sure the prosecutor has enough evidence to prove you guilty AND to see if the police got that evidence lawfully without making errors. The consequences of a conviction can cost you too much. Potentially, you may face jail time, fines, court cost, loss of job, loss of future jobs, housing, college aid and more. Call me and let me help you: 513-260-2099