Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Questions that a Lawyer Probably Ask to Defend a DUI
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- It could be a very threatening experience for a person who is accused of DUI or DWI. Most people do not appeal in courts against such accusation, especially when a police officer has caught them “red-handed.” Mostly those persons who knows that that the accusation is true, those person immediately starts panicking, and might also ready to accept whatever plea bargain the state offers in such cases, just to escape from trial and in order to get rid of the problem as soon as possible. However, a legal defense to DUI or DWI is always there, if a person wants he can avail the facility there are several different questions that can be asked from the arrest. All drivers must have knowledge of those expected questions so that they are able to answer them in case of arrest in DUI:
Was the defendant and DUI the same person?
Prosecution will surely have to prove that the driver was DUI, but the defendant and the accused driver are the same person it also has to be proven by the prosecution in the court of law. There is a possibility that there might not be any eye witness of the accident. It is the right of driver that he may remain silent when he is asked a question that was he driving the car or not but many times when already panicked drivers are little bit cross questioned they admits to everything for which they are accused.
Did the officer have any reason to stop the driver?
The arresting officers are liable to provide a reason to stop the driver, to detain him and also to arrest him. In case there is no evidence no cop has got any right to annoy a driver by illegally stopping him. Moreover if an officer won’t be able to prove that he had a strong reason to stop a suspect, then the evidence provided could be rejected by the court.
Did the officer have given the driver all the due Miranda Rights?
This thing comes afterwards that whether the driver is proved to be innocent or he is guilty, the very first important thing is to ensure that whether all Miranda rights also called Miranda warnings were given at the appropriate time or not, if the answer is in negative than also evidence can be rejected in court.
Did the officer warn the suspect about the bad results of his refusal to take the test?
If a person refuse to take a chemical test then by law the police officer is required to advise the driver about all bad results in case of his refusal to take a chemical test. In addition with this, the officer must manage to take the test correctly, because if this doesn’t happen as directed, then this could also affect the acceptability of all related evidence in the court.
The driver was really under the influence of alcohol is it a fact or just an opinion?
Questions can also be asked about the observations and “professional opinion” made by the arresting officer about the incident when it happened. The question might be that what were the circumstances in which the field sobriety test was given? What does the officer consider failing results, and is this opinion based on facts? It might be possible that witnesses can be brought in to court to testify as to a driver’s sobriety.
Was the alcohol concentration level in the driver’s blood- accurate?
There could be some problems with breathing machines and other forms of testing, there could also be a problem in radio frequency interference, and readings might be inaccurate, there could be inaccuracy due to immediate drinking, retrograde extrapolation, and other defects in analyzing the alcohol concentration level. The right is given to defense to hire its own forensic expert in order to determine the accuracy of the blood alcohol level as reported by the police and are permitted to deliver retested results in favor of the defendant.
Was the driver’s arresting officer fair enough to analyze the driver?
We cannot deny from the fact that there could be a probability of police corruption or fraud and it should be duly examined that either the driver’s arresting officer fair enough to perform his responsibilities or not.
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One commentto “Questions that a Lawyer Probably Ask to Defend a DUI”
thanks for the info!