Most people have a very grim outlook on DUI charges. They believe that the cases are open and shut, that people are charged and convicted. For most people, the idea of getting a DUI dismissed is unthinkable… nonetheless it is, in some cases, possible.
Reasons For DUI Case Dismissal
There are several reasons that can provide grounds for dismissal in a DUI case. One of the most widely noted is an illegal stop. Police officers must have a valid and legal reason to pull a vehicle over and to conduct a DUI investigation.
Failure to read a person his Miranda rights can lead to dismissal. It does not matter how many times a person has been arrested, each time he is taken into custody, he must be informed of his rights. If not, any evidence that is gathered may be deemed inadmissible.
There is a certain procedure that law officials must follow when administering blood alcohol tests. Individuals must first be properly trained and they may not deviate from the procedure. Otherwise, evidence that is gathered may be useless.
How To Approach Getting A DUI Dismissed
First, you may want to attempt to negotiate with the prosecutor. If he can be convinced that his case is not viable, he may be willing to dismiss the charges against you. Do not be discouraged if this method does not work. Prosecutors often like to play hard ball even when the odds are against them.
Your next option is to file a pre-trial motion to dismiss. This is an official request to the court asking for the charges against you to be dropped. In this instance, you would petition the court and state that the charges pending against you should not be heard due to the grounds, which you will outline. For example, if you were illegally stopped, the judge may conclude that all evidence obtained after the stop is inadmissible, thus there is nothing upon which the prosecution can base its case, and therefore, the matter may be dismissed.
Getting A DUI Dismissed
If you have a DUI charge, and you are trying to avoid a trial, you should discuss the possibility of dismissal with an experienced lawyer. Before you attempt to have your case dismissed without legal representation, realize that it rarely happens that way and there is a good chance that you can make matters worse. Getting a DUI dismissed generally requires professional legal skill which is best displayed by a legal professional.