Challenging DUI Evidence: Murrieta DUI Lawyer
Arrested and charged with DUI? Let us review the evidence.
Many people who are arrested and charged with a
DUI offense have never had a run-in with the law, and are naturally very concerned
after a DUI arrest. Many choose to just plead guilty, take the penalties,
and hope it never happens again. In fact, many cases have errors, and
could be successfully defended. At our firm, the Law Office of Nic Cocis
& Associates, we have extensive experience in DUI defense, and we
are well aware of the types of evidence that could be challenged. We should
review your case information before you file a plea. You may be able to
avoid conviction, or other benefit.
The Police Stop
When law enforcement pulls you over, they must have good reason to do so.
You are protected from being stopped without probable cause, under the
U.S. Constitution. You also cannot be stopped due to any type of racial
profiling. You must have committed a driving offense, or be operating
your vehicle in a manner that indicates intoxication, such as weaving,
wrong way driving, speeding or other conduct. There are many cases in
which the evidence of intoxication was sketchy at best, and no driving
infraction had occurred. If this is your situation, it may be possible
to get the evidence suppressed, leading to a dismissal. We are ready to
hear your side of the story.
Field Sobriety Tests
The police are intimidating. Many people don't realize that you are
not required to perform field sobriety tests when asked. They try, and
then fail. The purpose of field sobriety tests is to gain more evidence
of intoxication. The tests are very subjective, and even under perfect
conditions, correctly administered, the best of the tests (horizontal
gaze nystagmus) has been found to be only 77% accurate. That means that
almost ¼ of those who are believed to be over the limit are not.
We need to review the administration of the tests, the conditions under
which they were administered, and all other data to help in your defense.
Breath Test Evidence
The main evidence in a DUI charge is the breathalyzer results. There are
various problems with breath testing units, particularly those used at
the roadside. The breath test must be administered correctly for the reading
to be valid. Testing units can be improperly maintained or calibrated,
or a certain unit may have had a history of errors. We seek out every
detail about the test administration, the training of the officer in breath
testing, the unit itself, and can call upon expert witnesses to bring
forward evidence about the science behind the unit.
Call our firm today for more information about challenging DUI evidence. Our law office
is located in Murrieta and we represent individuals from the Riverside
County cities of Temecula, Wildomar, Menifee, Lake Elsinore, Murrieta,
Banning, Hemet, Corona and Riveride.