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41 Ways To Fight Your DUI |
Harter & Schottland has fought and won numerous DUI cases using the following tactics:
- Suppress all evidence based on an unlawful stop of your car by the police
- Suppress a breathalyzer test based on an arrest without probable cause
- Attack the sufficiency and reliability of field sobriety testing with reference to the National Highway Traffic Safety Administration (NHTSA)
- Challenge the use of non-standardized field sobriety tests
- Exclude a breathalyzer test based on non-compliance with state guidelines.
- Expose non-compliance with regulatory rules for blood, breath or urine tests.
- Download hard drive information from breathalyzer machines and expose errors
- Use expert witness testimony to extrapolate actual blood alcohol content while driving compared to the blood alcohol content at the time of testing
- Challenge evidence that the driver is in actual physical control of the vehicle
- Exclude statements obtained in violation of 5th Amendment rights and Miranda
- Introduce medical or health problems at trial that affect DUI testing
- Attack the breath test operator's qualifications
- Allege and prove a Speedy Trial violation
- Expose improper administration of breath, blood or urine testing
- Challenge illegal searches resulting in DUI evidence
- Exclude evidence based on discovery rule violations
- Challenge the sufficiency of evidence at trial
- Introduce evidence of actual innocence at trial
- Obtain video and audio evidence of the arrest by subpoena
- Obtain audio dispatch tape by subpoena
- Suppress all evidence based on an insufficient citizen tip to the police
- Challenge legality of a roadside safety stop
- Obtain the arresting officer's police report for impeachment at trial
- Exclude from trial a portable breath test administered at the arrest scene
- Obtain booking room video and audio evidence by subpoena
- Obtain in-squad video and audio evidence by subpoena
- Obtain independent eye witness testimony by subpoena
- Challenge the make and model of the breathalyzer machine used
- Exclude a breathalyzer test result based on an inadequate observation period
- Attack the arresting officer's description of bad driving based on improper interpretation of law
- Attack the arresting officer's description of bad driving based on weather conditions
- Introduce evidence of post-driving absorption of alcohol
- Introduce innocent explanations at trial for bad driving
- Introduce evidence of a rising blood alcohol content (BAC was lower when driving than when breathalyzer test is taken)
- Introduce expert testimony of the inherent rate of error in blood alcohol testing
- Introduce innocent explanations at trial for a poor performance on field sobriety tests
- Introduce testimony of the inherent rate of error in field sobriety testing
- Introduce innocent explanations at trial for signs of being under the influence of alcohol (e.g. red eyes can be caused by fatigue, as well as intoxication)
- Establish at trial that not all bad driving correlates with being under the influence of alcohol (e.g. speeding without other bad driving is not normally a sign of DUI)
- Introduce evidence that Gastroesophageal Reflux Disease (GERD) caused a false breath test result
- Hire Harter & Schottland to fight your DUI
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