Utilizing legal technicalities and loopholes is a common strategy in DUI defense. DUI Lawyer in Fairfax use calculated strategies to refute the prosecution's case, take advantage of technicalities in the law, and get their clients the results they want:
Unlawful Traffic Stop:
One popular tactic is to contest the legitimacy of the traffic stop. Lawyers may contend that the case should be dismissed in its entirety if law enforcement lacks probable cause or reasonable suspicion.
Tests of Field Sobriety False:
Field sobriety test delivery and interpretation are closely scrutinized by DUI Lawyer in Fairfax. They can contest the tests' standardization, claiming that outside variables like the state of the weather or health issues could affect the outcomes.
Problems with Breathalyzer Calibration:
DUI Lawyer in Fairfax examine data related to breathalyzer calibration and maintenance. The accuracy and dependability of the breath test findings may be questioned if there are any disparities or improper calibration.
The "rising BAC" argument argues that a driver's blood alcohol content (BAC) was still rising at the time of the driving incident, which suggests that the driver's BAC may have been below the permissible level when they were pulled over. This calls into question the prosecution's ability to prove that the driver was intoxicated at the time.
Inadequate Blood Test Procedures:
DUI Lawyer in Fairfax investigate if the right protocols were followed when blood tests are performed. Results of blood tests may be excluded due to improper handling, contamination, or other process flaws.
Miranda Rights Violation:
Attorneys evaluate whether the defendant was appropriately advised of their Miranda rights by law police. Any infringement upon these rights may result in the defendant's self-incriminating remarks being excluded.
Absence of Probable Cause for Arrest:
DUI Lawyer in Fairfax may contest the legitimacy of the arrest if there is a lack of probable cause for the arrest. In the event that an arrest is made without a valid reason, any subsequent evidence can be considered inadmissible.
Chain of Custody Issues:
Attorneys look into the chain of custody in situations involving blood or urine samples. Any interruption in the chain could raise concerns about the reliability of the data.
Inadequate Proof:
DUI attorneys seek to highlight weaknesses in the prosecution's proof. Attorneys may argue for a dismissal or reduced charges if there is inadequate evidence of impairment.
Constitutional Violations:
Defense lawyers investigate possible constitutional infringements, such as infringements on the rights to counsel and unreasonable searches and seizures guaranteed by the Sixth and Fourth Amendments. The prosecution's case could be compromised by any infraction.
Conclusion:
DUI Lawyer in Fairfax must walk a tightrope between mounting a vigorous defense and upholding moral principles, all the while taking advantage of legalities and escape routes. To refute the prosecution's argument and protect the accused's rights, strategic defenses frequently combine legal knowledge, in-depth case analysis, and persuasive reasoning.
