Inform Your DUI Attorney About Improper Stops, Protocols and Testing

Dec 23, 2020

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There are many things that a DUI attorney can use in order to present your DUI defense—things that you may not know can be used in a court of law. This is the reason why it is best to seek out a knowledgeable DUI defense attorney before you go to court.

Here are some of the things that a DUI attorney might use in your defense:

Illegal Stop

For the police to pull you over, you have to actually be doing something wrong. Let's say that you're driving within the speed limit and not driving erratically at all. Plus, there's nothing wrong with your car's headlights or taillights; your car is in perfect condition. In such cases, the police do not actually have a reason to pull you over; they can't just do so on a hunch. So, if the police have not stopped you for a proper reason, then your DUI attorney will surely use that in your defense.

Improper Protocols

There are requirements, set out in the California Code of Regulations and the Vehicle Code that prescribe that officers must do certain things during a DUI investigation.  For example, they must arrest you before you take the final, evidential chemical test. (see Vehicle Code 23612.) While it seems counterintuitive, the law requires you to be placed under arrest before the final breathalyzer or blood test that will be used against you. 

They must also check the breath testing device for accuracy every 10 days or 150 tests, whichever comes first, per the California Code of Regulations, Title 17.  The officer must also observe you for 15 minutes prior to conducting the evidential breath testing device.

Deviations from these protocols, and others like them, can lead to the DMV dismissing the suspension on your license.

Improper Testing

Your attorney will also make sure that the police followed the right procedure when they got your blood alcohol analysis done. Is it possible that the blood sample was incorrectly stored or that the blood analysis was done by an untrained technician? These are things that your attorney will consider and use in your defense; they might be able to get the results thrown out of court depending on the extent of the error. 

Contact us to learn more about the ways in which a DUI attorney can present your defense.




Category: DUI Defense

Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.


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Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If your looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.