A DUI charge does not have to result in a conviction. There are many legal issues which can be raised in your defense by an experienced Pittsburgh DUI Lawyer in order to beat the DUI charges. George A. Heym is a Former DUI Prosecutor with the training and experience necessary to properly evaluate you DUI case and fight on your behalf.
1. Illegal Stop
Pennsylvania DUI Law requires that a Police Officer have "probable cause" before stopping a vehicle for suspected DUI. Just weaving within your lane of travel or even crossing the center line may not have met the legal standard for "probable cause". If the DUI stop was not legal then all of the evidence gathered because of it cannot be used and the case must be dismissed. You need an experienced Pittsburgh DUI Lawyer to evaluate the facts of your particular DUI stop and determine if the Police Officer had "probable cause" according to Pennsylvania DUI Law.
2. Anonymous Report of DUI
You cannot be stopped based upon an anonymous report to police. In stopping you for suspected DUI the police must have relied upon a named person who can be cross-examined by your DUI Lawyer regarding what he/she saw.
3. Breath testing device not calibrated as required
Pennsylvania DUI Law requires that EVERY breath testing device must be calibrated at set intervals or whenever it returns results that don't meet certain specifications. If this calibration is not done when required, or as required, then ALL subsequent results from that machine are invalid until the machine is re-calibrated. An experienced Pittsburgh DUI Lawyer will check the logs that are kept for every breath testing device in Pennsylvania to determine whether the results are valid or not.
4. Breath testing device operator not licensed as required
Pennsylvania DUI Law requires that every breath testing device operator recieve training and be certified on the use of that particular breath testing device at regular intervals. If the operator's certification was not up to date then the results of the breath test are invalid.
5. Prosecutor must prove who was driving the vehicle
The burden of proof is on the prosecution to prove all elements of your DUI charge. It may be that your admission to driving a vehicle isn't enough without other evidence.
6. Field Sobriety Tests not properly administered
If the Police Officer did not administer the Field Sobriety Tests according to the generally accepted practice in Pennsylvania this would substantially undermine the prosecution's case. Also, certain FST's are not admissible in Court in Pennsylvania DUI cases. Only a Pittsburgh DUI Lawyer with enough training and experience can evaluate if this defense is available to you.
7. Legality of DUI checkpoint
Pennsylvania DUI Law requires that police follow very strict rules and regulations prior to setting up a DUI checkpoint. If all of these were not adhered to then the DUI checkpoint is invalid and the DUI case must be dismissed.
8. Medical condition
Physical problems with your back, neck arms etc. can affect the outcome of Field Sobriety Tests. Certain medications can also affect FST's and your physical appearance of being under the influence of alcohol. The right Pittsburgh DUI Lawyer can use these facts to your advantage at trial or even to have evidence suppressed prior to trial.
9. Statute of Limitations exceeded
Pennsylvania DUI charges must be filed within a limited amount of time or, with certain exceptions, the case must be dismissed.
10. Speedy Trial rights violated
Pennsylvania DUI Law requires that you be brought to trial within a set period of time. If the prosecution fails to do so the case must be dismissed.
There are also many more ways in which a DUI case can be challenged. Only a DUI Lawyer with the necessary training and experience can evaluate your case to determine if any of these potential defenses apply. Pittsburgh DUI Lawyer George A. Heym will bring all of his training and experience to bear on your case.
