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Fri Nov 30, 2012 11:46 am
• 33 Posts
Most people who are charged with DWI have one goal in mind. To remain not guilty and keep their license, or to minimize any license loss. Some of below defenses, particularly breath/blood defenses, are best shown when the accused is able to afford an expert witness.
1. Invalid stop The police need reasonable articulable suspicion to seize you. If they do not, a motion to suppress can be granted which will prevent all evidence after that point from coming in. The effect of this is you will be found not guilty. 2. You were not the driver One of the things the State/ Police, must prove beyond a reasonable doubt is operation/ attempted operation of a motor vehicle. They must show you were the one driving. Oftentimes, the driver has already left the vehicle by the time the police show up. This is an ideal case to argue you were not the driver. 3. The breath machine is not accurate All breath tests make assumptions, and are not as accurate as blood tests. There are numerous defenses related to breath tests. 4. The Blood test is not accurate There are numerous problems related to blood tests. Sometimes the cop will use an expired kit. 5. You were not on a "way" The State must show you drove on a way. This is generally defined as anywhere the public has access to. You should not be convicted if you were driving on distinctly private property, such as your own lawn or some other road the public should not have access to.