Mississippi drivers who are arrested on DUI charges could build a defense on one of the several probabilities. These defenses identify an issue associated with the way the evidence was collected or the arrest was made. All officers are required to follow the proper procedure in these matters. When they fail to comply with these requirements, mistakes are made and the charges may be dismissed. If you believe a mistake was made, contact a Defense Attorney in Hattiesburg MS today.
Identifying Errors In DUI Cases
Field sobriety tests are often challenged. For example, the HGN tests are ruled as inconclusive typically. When these tests do not include a breathalyzer, it is less likely that the prosecutor will achieve a conviction. The reason for this is that each of the alternative tests does not present concrete evidence and is based solely on the arresting officer’s opinion.
The first defense considered in these cases in which an error is probable is the initial reason for the traffic stop. If the officers are posted at a checkpoint and the arrest is made, the officer’s assessment is not challenged. However, in order to stop a driver who is mobile, the officer must present a valid reason to prove probable cause.
Your defense attorney in Hattiesburg MS could have the case dismissed if the officer didn’t have probable cause to pull you over. This implies that you were committing a traffic violation at the time you were stopped. This could include speeding, reckless driving, or a related action.
Challenging the Calibration of the Breathalyzer
Breathalyzer testing devices must undergo technical evaluations based on the maintenance schedule devices by the supplier who provides them to the local enforcement agency. Typically, this is every one to two years. During these evaluations, the calibration of the machine is adjusted. If it is discovered that the device hasn’t been calibrated correctly, your defense attorney in Hattiesburg MS challenges these results.
Drivers who are charged with DWI by officers who fail to follow standard procedures are more likely to walk away from a conviction. The reason this is plausible is that the officer is probable to mismanage the evidence in these instances. If you’re facing these or similar charges, you should hire a DWI Defense Attorney now to make these distinctions. Click here for more information on DWI Defense Attorney.
