Chances That A DUI Case May Be Dismissed
The chances of a DUI dismissal are pretty slim, but there are some instances where it’s possible.
First, if a police officer made an illegal stop, the charges will be thrown out.
Another common reason for a DWI dismissal is if the breath test was poorly administered.
Rejection Of Charges
One of the most common ways that a DWI case may be dismissed is to have the charges completely rejected by the prosecutor. This can be very good news, but it is important to understand that this does not mean that the case will not be prosecuted in the future.
A charge being rejected means that the prosecutor does not believe that enough evidence exists to file criminal charges. It could be because the police did not conduct a thorough investigation or because there was insufficient proof to prove the charges.
Another reason a charge may be declined is that the victim or other party involved was not comfortable going forward with the case. For instance, a person may not want to testify in court or face re-traumatization.
In many cases, a case can be dropped altogether because the prosecutor believes the defendant is not a fit candidate for the trial. This can be particularly true in cases where the defendant is suffering from mental health issues or is under probation for another crime.
Some prosecutors also dismiss a case by simply not filing charges at all. This is a rare occurrence, but it does happen in certain situations.
For example, if a suspect has had previous felony DWI convictions, the prosecutor may not feel that they have the necessary evidence to prosecute him or her for a new offense. This is because a felony DWI is typically a much more serious charge than a misdemeanor DUI.
This type of dismissal can be particularly helpful in cases where the prosecution does not have a strong case against the defendant, such as in cases where the arresting officer made a mistake when administering field sobriety tests or breathalyzers.
If you are facing a DWI or DUI charge, it is very important to have your case evaluated by a qualified lawyer as soon as possible. This will help to determine whether there are any potential defenses for the case and if they exist, what the best options are.
Getting your case reviewed by a competent attorney can give you a great chance at beating a DWI or DUI case and even avoiding the charges altogether. This is especially important if you are a first-time offender.
Straight Dismissal
A defendant’s best hope of avoiding the harsh penalties associated with a DWI conviction is to have their charges dismissed altogether. However, achieving this often requires an aggressive defense and the right strategy.
The first way that a DWI case may be dismissed is if the State has not proven your guilt beyond a reasonable doubt. This is called the “burden of proof” and is a requirement that the prosecutor must meet to secure a conviction.
It is a good practice to investigate every possible argument that can be made to get your DWI charges dismissed. These arguments can fall into any of three categories: unlawful initial traffic stop, lack of sufficient evidence to prove a driver’s guilt, and unfairness in the criminal process.
If your attorney is able to prove that the officer did not have any reasonable suspicion for the initial traffic stop, it is very likely that the evidence gained thereafter will be suppressed and cannot be admitted in your trial. This means that the State will be unable to present any of the gathered evidence at your trial; therefore, your DWI charges can be dismissed altogether.
Another common way that a DWI charge may be dismissed is if the officer failed to follow proper procedures in making an arrest. This is especially important in DUI cases because a failure to follow proper procedures can lead to the arrest being illegal and your charges being dismissed.
Furthermore, if an officer fails to perform a field sobriety test or breathalyzer test properly, it can also be argued that your DWI charges will need to be dismissed. Regardless of the reasons for your arrest, it is crucial to discuss them with your lawyer so that they can build an effective defense against your charges.
Ultimately, pursuing a DWI dismissal is a very difficult task and the chances are slim that you will ever have your charges dropped. If you are interested in discussing this issue further, we invite you to contact us for a free consultation. Our team will be happy to review your case and provide a comprehensive legal analysis.
Deferred Prosecution Agreement
When someone is facing criminal charges, it can be overwhelming and confusing. In many cases, a plea agreement can be an effective solution. This is because it can allow the person to avoid the time, cost, and embarrassment that often come with the trial. It can also offer a lower fine or jail sentence than if the defendant went to trial.
There are some cases, however, where it is not always a good idea to use this type of agreement. For example, this type of agreement may not be appropriate in a case where a driver is at risk of losing their license. It also is not an option if there are previous DUI convictions or aggravated elements in the case.
A deferred prosecution agreement (DPA) is an agreement between a prosecutor and an individual or organization to suspend the prosecution of a case for a certain period if that person meets specific conditions. DPAs are typically used in cases of fraud, bribery, and other types of economic crimes.
If you have been arrested for a DWI, you should contact a criminal defense lawyer immediately to discuss the options available to you and your next steps. The legal process can be stressful, and a lawyer can help you understand all of your options. If you need assistance, don’t hesitate to contact Butler Law Firm.
Deferred Class C Ticket
If you are a defendant facing a Class C misdemeanor (minor traffic infractions) and would like to get your DWI case dismissed, consider deferred disposition as a potential solution. This process requires you to stay out of trouble and not pay the fine for a minimum of 6 months, but in many cases, the probation period may be longer depending on your local court rules.
The most important thing to remember about a deferral is to follow the instructions carefully and pay attention to all deadlines. If you fail to do so you may be required to show up for a “show cause” hearing and you could face the possibility of a conviction, a new ticket, or other consequences that can have lasting effects on your life. The other major highlight of this type of resolution is that if you complete the probation properly, the charge will be expunged from your record. This is the most inspiring result of any kind of DWI case dismissal and should be considered by anyone facing a DWI arrest.
We invite you to contact us or call us today if you need help from an experienced DUI attorney. Visit our blog for more related articles.