Common Reasons DUI Charge Can Be Dismissed In Houston
The dismissal of driving under the influence (DUI) charges can occur prior to the commencement of the actual trial. Known case defects may lead to the dismissal of the case. The prosecution may opt to dismiss it if they unearth any defects. The dismissal of DUI cases typically happens because of compelling arguments and motions made by criminal defense attorneys.
Defendants should always deny the DUI charges brought against them,. They should plead not guilty since the police often don’t follow proper procedures or the case may lack relevant evidence for prosecution by the district attorney. They should still plead not guilty if the prosecution acknowledges that there is a high probability of acquittal in the event the case goes to trial.
The main individual responsible for dismissing or dropping the DUI charges is the prosecutor. Judges can also grant dismissals. This leaves the client free. He or she doesn’t have to stress about going to trial or having a criminal record.
All criminal cases are unique. The trajectory that DUI cases take typically depends on whether the police follow due process and on the findings of any chemical tests.
Getting DUI Charges Dropped
- The police should have proper grounds to pull you over. Traffic violations such as running a red light or speeding are proper grounds for the police to stop your vehicle. The police can also pull you over if they believe you are endangering the lives and safety of other road users when driving. For instance, they can stop you if you are weaving across lanes. The police aren’t allowed to stop your vehicle if you aren’t committing a traffic violation. They have no right to pull you over if you are driving in traffic flow and not breaking any laws.
- Unlawful searches and seizures – Police require probable cause to search your vehicle for evidence of intoxication, such as alcohol cans. They can also search your car if they have a warrant. Police rarely obtain warrants for arrests in DUI cases. It is a decisive concern for the police to prove they had any probable cause to search your vehicle. Unlawful searches and seizures contravene the Fourth Amendment.
- Unlawful field sobriety tests – Police officers are required to offer specific field sobriety tests. These tests should be administered in a precise manner. Arrests may be void if officers don’t follow proper procedures during field sobriety tests.
- Unlawful chemical tests – Drivers who are pulled over by police usually consent to a breath or blood test. Notwithstanding, officers have to inform you about your rights as a suspect. The inspection of testing machines should be done regularly. The chain of custody of these tests shouldn’t be broken before the case goes to trial.
- Officers should advise you on the right to talk to an attorney. They shouldn’t leave this information out when charging you with DUI. Defendants have the right to legal counsel after their arrests.
- A search or stop can be ruled out for being unlawful or unconstitutional for other reasons. For instance, drivers need to be alerted about imminent roadside sobriety checkpoints in advance.
If the prosecution realizes they have a weak case, they may consider settling for a plea bargain with the defense lawyer. They may negotiate for a traffic violation less harsh than a DUI.