A professional DUI lawyer knows they have to try to paint a picture of the case and exactly what happened. It’s easier said than done, though. They weren’t there and they can only go on what you give them.
There are certain questions they must ask. In this short guide, we discuss the top questions a lawyer needs to ask to ascertain where they stand and their realistic chances of getting you out of court without a criminal record.
1. What Were You Doing?
This is a pretty basic question. The lawyer should establish where you were going and where you were coming from. If the officer got the location on the report wrong, this could be a telling error that makes the prosecution crumble.
2. How Much Did You Drink and What Did You Take?
Hopefully, this will be a firm ‘none’. If it isn’t, the amount of drugs or alcohol you took will determine how accurate the stated Blood Alcohol Concentration (BAC) reading was. It’s easy to get a rough idea of its accuracy through this question.
3. How Did the Officer Pull You Over and Perform the Test?
Answer this question with as much detail as possible. A police officer must have a reason to have pulled you over. Without reasonable suspicion, which is almost entirely subjective, they stopped you unlawfully. That would make their entire report invalid.
You should also talk about any roadside tests. If they were performed incorrectly, that would also make the results completely invalid.
4. Were there any Witnesses?
Witnesses mean additional testimonies to back up your own. This could include anyone who was on the scene. It doesn’t include anyone who was simply driving past at the time.
A lawyer might call upon a second arresting officer to give a separate witness testimony. If there are any inconsistencies in his reporting, this provides enough contradiction to have the case thrown out.
If there was anyone in the vehicle with the defendant, this will help to reinforce the defense’s arguments.
5. Did You Take Any Additional Blood Tests?
This is crucial because additional blood tests mean additional ammunition to discredit the roadside breathalyzer.
As we already know, roadside breathalyzers are notorious for their inaccuracies. With the burden of proof on the prosecution, additional blood tests are useful tools for a successful defense.
6. What Did the Officer Ask You?
There are certain questions an officer aren’t able to ask you. Police officers aren’t always prone to remaining professional whilst they’re driving you back to the station in their car.
If they begin any casual conversation, this gives you ample opportunity to catch them out. For example, they might bring up the topic of religion. A police officer can’t ask for your religious affiliation or your political beliefs.
Contrary to popular belief, any evidence can be used in a case. It doesn’t just apply at the roadside or in the police station.
Any questions asked whilst in contact with the on-duty officer could be used to discredit a police report.
Vivian Richards is a devoted writer and an ardent blogger who writes articles to help her readers. She blogs on a wide variety of niches and topics. She says you can contact the talented Allegheny Attorneys for any kind of legal advice or assistance.
