Can Technicalities Help You Win a DWI Case?

When you are arrested for a DWI, it can cause a lot of problems in your life. Getting a DWI on your record can have a lot of different negative consequences. It can affect your ability to find certain types of employment. It can also result in lengthy license suspensions that will keep you off the road. Furthermore, it can substantially raise your car insurance rates and cost you thousands in court fines. Therefore, if you are arrested for a DWI, you have to fight back. Sometimes this involves relying on a legal technicality to win. See how effective technicality defenses can really be.

Improper Stops

Every DWI stop needs to be based on probable cause. This is a reasonable suspicion that the driver is intoxicated. In order to make such an observation, the police need to see signs of intoxicated driving before they pull you over. Certain driving patterns, such as swerving or reckless movements, usually indicate drunk driving. Absent these acts, the officers may not be able to justify pulling you over. If you are able to prove that probable cause did not exist, the court may throw out any evidence obtained after the stop occurred.

Officer Unavailability

We all know that traffic tickets get dismissed if the officer doesn’t show up to court. Technically, this can happen for a DWI case, but the process is a lot more complicated. In most cases officers will make it a point to show up to a DWI trial. In situations where they are unavailable, the prosecution has the right to request a continuance. However, a DWI lawyer in Jacksonville FL also has the right to disagree with the continuance. Under very limited circumstances, a defense lawyer might be able to win a motion to deny a continuance. In such a situation, the trial would have to go forward without an officer. When this happens, the case is usually dismissed.

In summary, it is not a wise idea to hinge your case on a technicality. It is much better to prepare a solid, legal defense with the help of a DWI lawyer in Jacksonville FL.

If you need help with a DWI, contact Fenderson Law at fendersonlaw.com.

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