Police Officers Not Having Sufficient Probable Cause
· Santa Cruz County law enforcement officers need sufficient probable cause before they make a DUI traffic stop. If law enforcement officials do not have sufficient probable cause, they cannot legally make the DUI traffic stop. Additionally, an officer needs to follow strict guidelines at a sobriety checkpoint before arresting a driver for DUI.
Failure To Read Miranda Rights
· There have been cases where a law enforcement officer failed to read a driver his/her Miranda Rights before placing the person under arrest. Briefly, Miranda Rights need to be read to the person arrested to inform him/her of the right to remain silent, right to an attorney and right to have an attorney appointed to him/her. If the officer does not read the driver the Miranda Rights, statements made by the driver may not be admissible in court.
Inaccurate Field Sobriety Test Results
· When a driver is suspected of drunk driving, an officer will ask the person to perform a series of Field Sobriety Tests (FSTs). It is up to the officer to determine if the person has passed or failed the FSTs. The police officer is required to closely monitor the person’s balance, coordination and motor skills while the person performs the tests. The biased reporting by the officer is one the reasons this test is usually not admissible as evidence against a driver in a DUI case. Another reason is that a person can perform poorly during these roadside acrobatics for many reasons. For example, slippery road conditions, poor lighting, poor instructions and medical conditions can impair the person’s coordination.
Faulty Mechanical and Chemical Tests
A skilled and experienced DUI attorney will question the mechanical and chemical tests used in the DUI arrest. An experienced DUI attorney knows several ways to challenge the results in order to decrease your charges or get them thrown out. Use our online consultation form today to consult with us to discuss your case and options in your DUI case.
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If you have been charged with DUI in Santa Cruz County or surrounding areas, you need to consult with a skilled DUI defense attorney without delay. DUI charges demand an attentive and experienced lawyer. It is important that you choose a DUI attorney that works well with local law enforcement, the court and Prosecutor to make sure you get the most positive results in your DUI case.
Our attorneys effectively represent clients charged with DUI in Santa Cruz County. They are well-respected and knowledgeable DUI defense attorneys who will fight for your rights and the most successful outcome possible in your DUI case. Fill out the online case evaluation form so we can start assisting you in your DUI case.