San Diego DUI Lawyer Explains Driving Pattern DefensesDoes Your Driving Prove Impairment?
Consistent with the narrative that drunk driving is unsafe, the presence of any traffic violation, swerving, unsafe lane changes, traffic collisions and more will draw law enforcement attention and also be an important part of the determination of whether someone was drunk. If a defendant is charged with driving under the influence, one of the most relevant factors in determining guilt is the driving pattern. In the same way that a driver may have to explain other (not related to drugs or alcohol) causes for any questionable driving, when the government alleges that someone has had too much to drink, the defense should demand evidence of bad driving. If the defendant is stopped for a registration violation, for example, the officers will not have observed any bad driving. Same with DUI checkpoints. Additionally, certain behavior which might trigger a traffic stop (e.g. speeding), may not reflect any drug or alcohol impairment.
HOW DO WE FIND EVIDENCE OF DRIVING Evidence can include police witness testimony, civilian witness testimony, video footage and more. Police officers will write a report, explaining the justification for their stop, investigating any accidents, in addition to the other aspects of the DUI investigation. A good defense attorney will use these police reports to lock an officer into certain statements and emphasize facts that benefit the defense. Additionally, many police cars (especially California Highway Patrol) are equipped with a dashcam, which will likely capture video footage of a defendant's driving. In the event that police video is unavailable or inadequate, it is also possible to use the subpoena power of the court to obtain surveillance footage from nearby ATMs, gas stations, fast food restaurants and other local businesses. This objective evidence may contradict the officer's recollection of the facts, calling into question not only the officer's testimony about driving, but also affects the officer's credibility relating to performance on the field sobriety tests, the odor of alcohol and more. WHAT IF I WAS STOPPED FOR NO REASON? The best use of evidence that your driving pattern was good would be to invalidate the traffic stop that lead to a DUI arrest. If the defense can show that the driving did not warrant a traffic stop (i.e. that the traffic stop violated the defendant's Fourth Amendment rights), then it may be possible to get the entire case thrown out. More about challenging a traffic stop USING DRIVING PATTERN AT TRIAL Using the evidence demonstrating good driving, and explaining other potential causes for any violations is key in a DUI trial. Ultimately a DUI jury wants to know: How was the defendant's driving? Using witness testimony (including the defendant and passengers), video footage and more, it can be possible to show that the defendant drove better than the officer tells it. Further, it may be possible to explain that a seeming violation or instance of poor driving was not at all related to alcohol. Some examples include distractions, obstructions in the road, and more. DUI CASES WE HANDLE: FIRST DUI | DUI WITH A PRIOR | DRUG DUI | DMV HEARING | DUI W/ INJURY | FELONY DUI OTHER DUI DEFENSES: RISING B.A.C. | MOUTH ALCOHOL | PROBABLE CAUSE FOR STOP | MEDICAL CONDITIONS PROPER TESTING PROCEDURE | CHEMICAL TEST ACCURACY | FIELD SOBRIETY TESTS If you or a loved one has been arrested and charged with DUI in San Diego, it is important to have skilled, knowledgeable representation on your side. An experienced San Diego DUI Lawyer can assert the many defenses available in DUI cases and fight to keep your license and to keep your record clean. Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a San Diego Criminal Defense Attorney and DUI Lawyer. 619-550-4422
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