If you have been charged with suspicion of driving under the influence, there is a whole process that must be completed prior to having been found guilty. Your case may be dismissed right from the very onset, before you even set foot in court.
When you are arrested, the officer who arrests you prepares a report and submits it to the Prosecutor’s office. Prosecutor’s will review the report and make a determination as to whether or not there is sufficient evidence to charge the driver and to take the case to trial. If the evidence is not sufficient, the case will be dismissed before it even gets to criminal court.
Once a case has already gone to trial, there are a number of ways to work towards a dismissal. A Los Angeles DUI Lawyer will take the time to learn the strengths and weaknesses of your case, and will work towards a strategy that leads towards dismissal, or in the very least, a reduction of charges.
If an officer does not have probable cause to stop a driver, then any evidence obtained, including observations and a BAC reading, will be illegally obtained in violation of fourth amendment rights. Without sufficient evidence, a case must be dismissed. Let’s illustrate this with an example.
Dina is driving home from dinner with her friends. She sees officers behind her and she complies and immediately pulls over. When officers approach her window she asks if anything is wrong. The officers reply that she was swerving when in fact Dina knows this was not the case. When the surveillance video is obtained from officer’s dashboard cam, it is apparent that there is no swerving of any kind. There was no reason for officers to stop Dina. Because they did not have probable cause to stop her, any evidence gathered was improper. Without any kind of reason or evidence, Dina’s case must be dismissed.
A case may also be dismissed if there is sufficient reason to demonstrate that the evidence is tainted or corrupted. For example, many times a test used to measure BAC is not calibrated, or is inaccurate. It is necessary to use expert testimony, and run tests to demonstrate the inaccuracy, but it is possible and used in the right cases.
If the facts of your case provide a weak case for Prosecution, it is necessary for you to speak to a Los Angeles DUI lawyer as soon as possible. A legal professional knows the court system, the Judges and the law very well and will take the time to speak to you about the specific facts of your case. Only they can allow a thorough analysis of the strengths and weaknesses of your case before establishing a strategy to get your case dismissed. A conviction on your record, even for a misdemeanor can have consequences for your career, education and even some financial institutions. It is better to take adequate measures immediately to prevent any long term consequences.