Some Legal Grounds for Possible Dismissal of Your DUI Case

Driving under the influence (DUI) charges can have some severe repercussions for you if proven guilty. If the final court verdict goes against you, it can turn your entire life upside down in no time. First, these charges could result in immediate suspension of your driving licence for at least a year. Second, you might lose your job as well. Third, the case could go to trial, and you have to endure jail time as a result of losing the case.

If charged with DUI, you need to remain calm, avoid overstressing the situation, and get in touch with reliable criminal defence lawyers in your area. A well-experienced DUI defence lawyer will read your case from the start till end, and masterfully create reasonable doubts in the minds of a jury sitting in the courtroom who will be compelled to withdraw your DUI case. The following are some legal grounds for possible dismissal of your DUI case:

Authorities having Improper Cause for Stopping Your Vehicle

Under normal circumstances, police can only stop your car if you are breaking any traffic rules or posing a threat to other vehicles by driving rashly. If you are not committing any of such offences, then you don’t need to worry at all. When you are driving just fine, and if you get stopped by the authorities, the police may have an improper cause for stopping you. The prosecution would be forced to drop the charges in such a case.

Police Conducting an Illegal Search of Your Vehicle

According to Section 8 of the "Canadian Charter of Rights and Freedom," the law provides its citizens with protection against unreasonable search and seizure. The police have no right to look into your vehicle for drug-related evidence if they don’t have a warrant or a probable cause. All of your DUI charges can be dismissed immediately if your DUI defence lawyer can prove in the court of law that the search done by the police was without your consent.

Law Enforcers Running Illegal Tests on You

Different kinds of tests are done by the law enforcing authorities on suspects, including field sobriety tests and other chemical examinations. Tests conducted without your consent and using the incorrect methods to run these tests lead to dismissal of all DUI charges.

The accused has a particular medical condition, incorrect calibration of the breathalyzer, and failing to administer blood tests according to standard procedures are some of the reasons why DUI charges can get dropped.

Taking Blood Samples without Warrant and Consent

If your blood samples are taken without your consent or a proper warrant, then the defence attorney may request the honourable judge to dismiss your DUI offence charge, which may be accepted.

Denying the Right to Speak with your Lawyer

If the authorities denied you the fundamental right to speak with your lawyer or failed to notify you about your right, then the defence may challenge them in the court of law, and the case may get dismissed.

Successful Ousting of the Licence Suspension

The prosecutor might be tempted to offer you a plea bargain if your lawyer can successfully overturn your license suspension. It will result in weakening the entire DUI case against you, and the district attorney might settle for a far less penalty and withdraw all charges.

There’s always a way out of every difficulty, even including multiple criminal offence charges. Always hire the most competent impaired driving defence lawyers to defend your case.