Archive for June, 2011

Defense Strategy – Discovering Police Procedural Errors

Sunday, June 26th, 2011

These are just a few of the mistakes that a police officer may make during an initial or DUI arrest that may form the basis for a valid defense and strengthen your case. An experienced Kansas City DUI attorney will be familiar with these defense strategies and can use this information to negotiate a reduction in charges or to seek acquittal at trial.  If you have been arrested for DUI, you should seek an experienced Kansas City DUI defense attorney who will work to protect your rights and your freedom.

1. Making a roadside stop based on an anonymous phone tip.

If the arresting police officer did not witness you driving the auto in a dangerous manor himself, the witness will be required to appear in court to testify as to what they saw and reported to police.

2. Arrest based mostly or entirely on your statements.

The state prosecutor must be able to prove, with eye witness testimony, that you had been driving under the influence (DUI).

3. Stop without probable cause.

There must be a legitimate reason for you to be pulled over by police.  The officer must explain in detail what illegal activity the officer suspected you to be doing necessitating the stop.

4. Pulling you over for driving too slow or stopping in the middle of the road.

These are not unlawful or are legitimate reasons for a road stop.

5. Weaving within a lane.

6. Administering the field sobriety tests incorrectly.8. Administering the one-legged stand test incorrectly.

7.  Administering Field Sobriety tests to someone who is not a candidate to take these tests.

Someone with medical conditions, like a foot or back problem should not take the field test.

Call us today if you have been arrested for a DUI in Kansas City. We can help, call today.

Legal Standard for Breathalyzer Test

Monday, June 6th, 2011

Legal Standard for Breathalyzer Test: The officer must have ‚Äúreasonable suspicion‚ÄĚ that a driver is intoxicated to request a Breathalyzer test.¬† If you were stopped for having a taillight out and did not admit having anything to drink, the officer must develop evidence to justify a Breathalyzer test.¬† You have the absolute right to decline to perform field sobriety tests and should politely do so.¬† They are subject to the officer‚Äôs subjective judgment, and the officer has typically already determined that he believes you are under the influence.¬† The only purpose of the field sobriety test is to develop ‚Äúprobable cause‚ÄĚ to support a DUI arrest.¬† This means if the officer did not observe you driving erratically, did not observe any specific signs of intoxication, such as, red eyes, slurred speech, the smell of alcohol, etc and you refuse field sobriety testing, the officer probably lacks probable cause to conduct a breath test.¬† If the officer directs you to take a breath test anyway, your attorney can seek to have the breath test results suppressed.

A Law Firm Focusing on DUI Defense

The DUI Clinic is committed to defending people who have been charged with a DUI offense. Our lawyers have represented people in the entire Kansas City metro area and throughout the states of Kansas and Missouri for more than more than 15 years. Our extensive knowledge of these states’ laws concerning DUI charges and DUI defense has allowed us to seek positive resolutions for countless clients.

Contact The DUI Clinic by calling us at 913-262-4444, toll free at 888-4-DUI-CLINIC.