There are many defenses an experienced DUI lawyer can explore in an effort to beat your DUI charges. To learn more about these forms of DUI defenses, continue reading and reach out to our experienced Pennsylvania DUI attorney today.
The legality of DUI Checkpoint
Police in Pennsylvania must follow strict rules and regulations before setting up a DUI checkpoint. If these results were not adhered to, the DUI checkpoint is invalid and the DUI case can be dismissed.
Police officers in Pennsylvania must have probable cause for stopping a vehicle for a suspected DUI. If the DUI stop was not legal, all of the evidence gathered cannot be used and the case must be dismissed.
Prosecutor Must Prove Who Was Driving the Vehicle
The burden of proof to prove all elements of your DUI charge is on the prosecution. It is possible that your admission to driving a vehicle is not enough without other evidence.
Anonymous Report of DUI
The police must rely on a named person who can be cross-examined by your DUI lawyer when stopping you for suspected DUI. Police officers cannot stop a driver based on an anonymous report.
Breath Testing Device Not Calibrated as Required
Every breath testing device must be calibrated at set intervals or when the device returns results that do not meet certain specifications. If this is not done when required, all subsequent results from the machine are invalid until the machine is re-calibrated.
Field Sobriety Tests’ outcomes can be affected by physical problems with the neck, arms, back, and more. Certain medications can also affect FST’s and the physical appearance of being under the influence.
Breath Testing Device Operator Not Licensed as Required
Every breath testing device operator must be trained and certified on the use of that particular breath testing device at regular intervals due to Pennsylvania DUI Law. The results of the breath test will be invalid if the operator’s certification is not up to date when the results of the breath test were made.
Field Sobriety Tests Improperly Administered
If the Field Sobriety Tests are not administered by the police officer according to the generally accepted practice in Pennsylvania, this will substantially undermine the prosecution’s case. Also, certain FST’s are not admissible in court in Pennsylvania DUI cases.
Speedy Trial Rights Violated
You must be brought to trial within a set period of time due to Pennsylvania’s DUI Law. If the prosecution fails to do so, the case must be dismissed.
Statute of Limitations Exceeded
DUI charges in Pennsylvania must be filed within a limited amount of time to avoid the case being dismissed.
Contact Our Pittsburgh DUI Lawyer
The Law Office of George Heym focuses exclusively on DUI defense. George Heym is a former Allegheny County DUI prosecutor with an understanding of both sides of a DUI case, notable litigation experience, and relationships with local courts. Contact our firm to fight for your rights.