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How do I beat a DUI charge using an invalid stop argument?
Question:
How do I beat a DUI charge using an invalid stop argument?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
If you're arrested in the state of Texas for driving under the influence (DUI) of alcohol or drugs, you will face heavy consequences including fines, jail time and the loss of your license. The question then becomes how to beat a DUI charge in Texas because if possible you will want to avoid these results.
The first step you should take is to hire a competent attorney. Tell him the truth of the situation, no matter how bad or guilty it may make you appear. He is there to help you avoid the charges and consequences if he can, but he will only be able to adequately defend you if you tell him the truth.
There are several arguments that can be used in making your case. First, you will need to determine the manner in which the arresting officer tested you in order to discover if you were under the influence. Most of the standard methods officers use, things like walking a straight line, etc., are only considered to be 65% accurate. If the arresting officer used one of these methods to determine if you were under the influence, you may be able to argue that you were not actually intoxicated at all at the time of the arrest. You could even argue that you suffer from vertigo, or some other ailment; this can even work in your favor if you are elder or overweight since each of these conditions negatively affect the results of these sorts of field methods used by the police.
Other grounds you can use as arguments to your DUI charge are invalid stops. This means that the officer who made the stop and then moved ahead with his determination about your state of intoxication may have pulled you over for an invalid reason. For example, if he originally pulled you over because you weren't wearing your seatbelt, or you were talking on a cell phone, you might be able to beat the DUI charge by insisting that the stop itself was illegal and not based as it should be on probably cause. If you are successful with this defense anything discovered after the stop, including all the officer’s assessments as to your state of intoxication will be thrown out not being admissible in court.
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