5 Ways To Fight Your DWI/DUI Conviction

5 Ways To Fight Your DWI/DUI Conviction

There are many ways to fight a DWI/DUI conviction in North Carolina and just because you blew a .08 does not mean that you will be found guilty. It is important to remember in all cases you are presumed innocent and it is the prosecutor’s duty to prove the case beyond a reasonable. Mr. Huntley has years of experience with DWI/DUI charges and is practiced is devoted strictly to handling criminal cases. He is a former North Carolina State Prosecutor who has prosecuted hundreds of DWIs in district and superior courts. With his understanding of how the state is going to prosecute your case, he can provide a comprehensive and though defense. Almost every DWI/DUI has holes in the case; Mr. Huntley will be able to find those holes and use them to your advantage. Below is just a sample of the techniques that Mr. Huntley will use to fight your DWI/DUI conviction.

1) Lack of Reasonable Suspicion: For law enforcement to legally stop your vehicle they must have reasonable suspicion. Law enforcement must have evidence that you have committed a crime or have committed a traffic violation. Law enforcement can’t pull you over based on a hunch or belief that you look suspicious; they must have valid grounds for pulling you over. If the officer lacks reasonable suspicion to pull your vehicle over, the stop of your vehicle is illegal and you are not guilty.

2) Illegal Road Blocks/Checking Stations: More and more DWI/DUI arrest are occurring at road blocks/checking stations. To conduct a valid roadblock/checking station, the officers must follow very strict guidelines which describe the who, what, where, and why of the roadblock. If the guidelines are not followed exactly right, then the stop of your vehicle may be invalid and therefore you are not guilty.

3) Lack of Probable Cause: To have the legal authority to arrest an individual for a crime, law enforcement must possess probable cause to believe that a crime has occurred. The standard to establish probable cause is evidence showing more likely than not that a crime has occurred. Establishing probable cause to arrest an individual is often harder than you would think to establish. The fact that some admits to drinking or that the officers can smell alcohol on the driver’s breath by itself is not enough to establish probable cause. If officers do an incomplete or sloppy investigation, a judge may not feel that the prosecutor has proven that probable cause exists. If probable cause can’t be established then you will be found not guilty.

4) Failure to Give Miranda Warnings: We have all heard officers give an individual the right to remain silent speech. If you are in police custody and they have not read you the Miranda Warnings, any statements that you gave to the police while in custody can be suppressed. If you were in custody and told the officers that you have been drinking or that you were drunk, we can get these statements suppressed and they can’t be used against you.

5) Suppression of the breath or blood results: In every DWI/DUI case, the officer will ask that you submit to a breath or blood test to determine your blood alcohol content (BAC). This is often the most damaging piece of evidence the prosecutor will have to convict you. There are very strict guidelines on how officers are to preform the breath and blood tests. If these guidelines are not followed exactly right then they can be excluded from the trial. If the BAC can be suppressed you have a much improved chance of winning your case.

Find Out How We Can Help

At the Law Offices of Banks Huntley, we offer a FREE Confidential Consultation with an experienced Charlotte DUI/DWI lawyer. We welcome the opportunity to speak with you in person or over the phone to discuss your DWI/DUI and give you advice that will be tailored to your particular situation. Contact our firm today at (704) 910-6278, and have the peace of mind that comes with hiring experienced legal counsel.

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