When charged with a DUI, you are facing two battles. First, there are the criminal charges that you face in court. Second, the DMV also has a case against your license. It is very important to hire a capable attorney as soon as possible. You only have TEN days to dispute the case against your license. If you do not request a DMV hearing within ten days, you will lose your right to contest the case against your license, and it will be suspended automatically.
There are several ways that a good lawyer can defend you against criminal charges and the DMV. Ms. Dodson will focus on several key issues in determining whether or not your case should go to trial.
Some of the questions she will ponder include:
1. Did the police have probable cause to initiate a traffic stop against you?
If law enforcement pulled you over without probable cause, Ms. Dodson can get your case dismissed. Many law enforcement officers initiate unlawful traffic stops. For instance, having temporary license plates on your vehicle is not probable cause to initiate a traffic stop. Also, weaving inside your own lane is not probable cause.
2. How much time passed after you consumed alcohol before the breath or blood test was administered?
All good DUI defense attorneys are aware that alcohol readings are much higher than your alcohol blood level during the absorption period. It takes about three hours for alcohol to be fully absorbed into the bloodstream. Therefore, if you consume an alcoholic beverage and are tested within that period, your blood alcohol level test result will be much higher than your actual blood alcohol level. Furthermore, other physical factors can contribute to an abnormally high reading as well. For instance, people affected with GERD can receive a much higher reading than those who do not suffer from this. This is due to the fact that the breath test measures the amount of alcohol in your lungs, not your bloodstream. People who are on a low-carb diet can test falsely higher as well. Non-alcoholic compounds can also test positive for alcohol. Such common compounds are isopropanol, nitrous oxide, ethylene, acetonitrile.
3. Did alcohol in your mouth, not in your blood, contribute to a high blood alcohol reading?
Alcohol in the mouth can cause a false high reading on a breath test. If you burped, consumed cough syrup, mouthwash, breath spray or cold medicine, you could test higher than what your blood alcohol level actually is. Furthermore, anything in your mouth that causes you to retain alcohol residue can also contribute to an inaccurately high reading. Cavities, dental work, food particles, or denture adhesives can all affect a breathalyzer test.
4. Was the field sobriety test properly administered, and if so, did it accurately reflect your intoxication level?
Ms. Dodson advises against submitting to field sobriety tests. Although your license can be suspended if you refuse an alcohol blood or breath tests, field sobriety tests are voluntary. Years of defending DUIs have yet to reveal a case where one of Ms. Dodson’s clients completed a field sobriety test satisfactorily. In fact, cases where defense witnesses confirmed that Ms. Dodson’s client passed all field sobriety tests still resulted in the officer writing an arrest report to the contrary. Field sobriety tests are complicated for most people to complete correctly when they are sober. The officer who administers them is the only judge on your performance. Furthermore, he or she will make the determination that they are evidence of your intoxication even though they have no baseline or possible way to determine how you would perform them if completely sober. Is all a field sobriety test will do is give more evidence to the prosecution. Therefore, if asked to submit to a field sobriety test, politely decline and tell the officer that you will gladly comply with a blood or breathalyzer test.
If you have submitted to a field sobriety test, Ms. Dodson will effectively cross-examine the officer who administered it in order to get the jury to see that the officer’s observations do nothing to help them determine if you are innocent or guilty of DUI.
MOST RECENT VICTORIES
Client arrested for Driving Under the Influence. His blood alcohol tested at 1.3% which carries an enhancement for high blood alcohol. Ms. Dodson filed a motion to suppress the stop based on the fact that the traffic stop of the vehicle was initiated without probable cause. The prosecutor conceded to the motion and the case against Ms. Dodson’s client was dismissed.
Client was arrested for Driving Under the Influence and Driving on a Suspended License– A lengthy investigation revealed that the officer who initiated the stop on Ms. Dodson’s client’s vehicle was clearly lying in the arrest report. Although the officer stated that the traffic stop was initiated due to the vehicle’s tail lights not working, a garage receipt and a mechanic who viewed the car earlier that very day, proved the contrary to be true. The case was rejected and no charges were filed.
Client arrested for Driving Under the Influence, Second DUI.. This charge consisted of a second DUI and his blood alcohol tested at 2.1%. These charges carry mandatory jail time. After negotiations with the city attorney, Ms. Dodson’s client was allowed to plea to a wet reckless charge and served no jail time.
Client was arrested for Driving Under the Influence. After a lengthy investigation and interviews with defense witnesses, Ms. Dodson engaged in negotiations with the city attorney which included several defense witness statements being turned over to the prosecutor, client was allowed to plea to a Speed Contest which carried no driver’s license implications.
Client was arrested for Driving Under the Influence and Possession of Marijuana in a Vehicle. After lengthy negotiations with the city attorney, the charge of Possession of Marijuana was dropped and Ms. Dodson’s client was allowed to plea to a wet reckless.
Client hired Ms. Dodson after receiving a ticket for running a red light at an intersection that had a camera which took his picture. Ms. Dodson’s client was a driver who would lose his job if convicted. After objecting to the affidavit filled out by her client’s employer as hearsay, Ms. Dodson managed to convince the judge that the picture did not resemble her client well enough to constitute proof beyond a reasonable doubt. Result: Not Guilty.
Client was arrested for Driving on a Suspended License as a misdemeanor. This charge is priorable and results in a mandatory jail sentence upon second arrest. Ms. Dodson convinced the city attorney to allow her client to plead to Driving Without a License as an infraction, so her client had to serve no probation or have a misdemeanor on his record. |
