A Positive Perspective – At trial, it is imperative to present a positive perspective of the relevant facts. The ultimate goal is to present a logical explanation for the defendant’s allegedly erratic driving behavior. Officers will skew evidence favorably for the prosecution, so defendants must also present an alternate perspective. This provides the jury with an opportunity to select the most credible explanation.
DUI defense attorney should cross-examine officers about every prospect of the defendant’s driving behavior – rapid acceleration or deceleration, traveling too slow, hugging the shoulder of the road, etc. – to illustrate that the defendant performed these tests without exhibiting signs of intoxication. Once a lengthy list is compiled, it minimizes the importance of the defendant’s erratic driving and infers that intoxication was not involved in the driving behavior.
Furthermore, if the officer has a lengthy list of traffic violations prior to implementing a police stop, it is important to explain the lack of seriousness associated with these infractions. If the defendant is endangering lives or driving haphazardly, the officer should immediately arrest the defendant instead of following the vehicle for an extended distance to compile a lengthy list of violations.
The NHTSA conducted a study of various infractions that are often associated with drunk driving. Jurors are often shocked to discover that 40 out of 100 drivers who “appear to be drunk” to police officers, are in fact, not under the influence. Similarly, 40 out of 100 drivers who nearly strike another vehicle are legally sober. Since officers rarely observe traffic violations in isolation, the NHTSA study also indicates the likelihood of a driver being intoxicated when multiple fractions are observed. When two or more cues are present add ten to the highest value among the cues observed. For example, if the subject is weaving, following too close, and driving without headlights, there is a 70% chance the driver has a BAC of .10 or more.
If You Need Help Challenging a DUI Charge in the Bay Area, contact Bay Area DUI Lawyers at Dudek & Cintean, LLP
The penalties for a DUI can be severe. Dudek & Cintean, LLP can help you fight a DUI charge. We have extensive experience handling criminal defense cases, and we have helped many clients get DUI charges dropped or reduced based on faulty tests, improper procedures, unlawfully acquired evidence, and many other reasons.
For a confidential consultation, call Dudek & Cintean, LLP at our San Francisco office at (415) 946-4020 or our Contra Costa office at (925) 335-6444.