If you’ve recently received a DUI in Pennsylvania, you should strongly consider hiring a knowledgeable Allegheny County DUI lawyer who has significant experience challenging DUI evidence. Contact the Law Offices of former prosecutor George Heym to learn more about challenging DUI evidence and how our legal team can assist you.
Challenging DUI Evidence | How a Pittsburgh DUI Lawyer Can Help
There are many legal issues that can be raised in your defense by an experienced Allegheny County DUI lawyer in an effort to beat your DUI charges. George A. Heym is a former DUI Prosecutor, and he has the training and experience necessary to properly evaluate your DUI case and fight on your behalf. Some of the most common potential defenses against DUI charges are as follows:
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 the 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 Allegheny County 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 receive 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 Improperly 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 an Allegheny County 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 Allegheny County DUI lawyer can use these facts to your advantage at trial, or even 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.
Allegheny County DUI Lawyer | Challenging DUI Evidence
There are also many more ways in which a DUI case can be challenged. Only an experienced Allegheny County DUI lawyer with the necessary training and experience can evaluate your case to determine if any of these potential defenses apply. Allegheny County DUI lawyer George Heym will bring all of his training and experience to bear on your case. Contact the Law Offices of former prosecutor George Heym to schedule your initial consultation with our legal team today.