It is crucial in any criminal case to conduct a thorough investigation of the evidence, but especially in any DUI case because there is usually some chemical evidence that prosecution must prove is reliable. Sometimes a good investigation by the defense can uncover that a bad investigation was conducted by law enforcement. Prosecutors commonly have to state on the record that “problems with proof” is their reason for reducing charges, or dismissing a DUI.
4. FILE LOTS OF MOTIONS
An experienced criminal defense attorney knows that a good motion can get a case dismissed without the need for a trial. A motion is a way for the attorneys to request the court to review certain issues before trial commences. Sometimes motions are in regard to discovery, while other motions may question the legality of stops, searches, or arrests. A “suppression motion” is a common motion used by defense attorneys to challenge the constitutionality of a stop and the lawfulness of an arrest. If the defense motion is granted, and all of the evidence is suppressed, the DUI should get dismissed.
3.GET AS MUCH EVIDENCE EXCLUDED AS POSSIBLE
Prior to commencing trial, your defense attorney will have an opportunity to file motions immediately before the start of the trial. These motion are known as 402 motions or motion in limine. Sometimes certain evidence can get excluded because it lacks any scientific merit, or it lacks foundation. An experienced trial attorney knows how to spot the prosecutor’s evidence that can be challenged, and raises the contention effectively. If a Judge excludes some of the prosecutor’s evidence it can obviously weaken their case, but it can also potentially lead to the DUI getting dismissed.
2. GO TO TRIAL
By putting 12 angry people in a jury box, you do two things. For one, you raise their interests as to what they’re going to be listening to for several days about you. But two, you give yourself the opportunity to get your charges dismissed, as opposed to pleading guilty. This opportunity means that you have a chance, which is something you don’t have when you plead. The pressure is really put on the prosecution to prove their case because there will generally be flaws in the police investigation, the chemical evidence, the prosecutor’s witnesses, and the case in whole. This is why often times DUI cases in California that go to trial get dismissed.
1. GET A PROFESSIONAL DUI ATTORNEY TO REPRESENT YOU
Unlike other criminal offenses, DUI cases in California are very specialized and require professional attention and expertise. Good DUI attorneys know how to utilize the four methods mentioned above to get the best imaginable outcomes. Not all criminal defense attorneys are suited to aggressively advocate DUI cases. Some criminal attorneys don’t have the knowledge or ability to properly handle a DUI case, so you must get an attorney who mainly does DUI cases in California. Also, you need to be weary of some good DUI attorneys that no longer have the desire to personally handle cases, so find out who’s handling your case. It is crucial to have a skilled and seasoned DUI attorney represent you. That is truly the BEST way to beat a DUI.