Probably all drivers heard the legends of how to surpass a DUI (Driving Under the Influence) charge. It includes breath mint of sucking on a penny. Sad to say, the following methods are frequently debunked.
Instead of relying on superstitious to surpass DUI conviction, there are better strategies to beat any charges. From the police stop until going to court, the following defenses will help in reducing any unreasonable harsh sentence.
No Probable Cause for Arrest
If a police officer does not have any probable cause to stop a vehicle, detain the driver or even arrest a person for drunk driving, it can be a strong evidence against that police officer when admitted to court.
Mistake of Fact
The mistake of fact is a strong defense against DUI charge especially when the person has an honest belief that they are not intoxicated. A situation like this happens when the hindered effect of the person’s prescribe medication has worn off.
It is a situation when the person accused has consumed alcohol without their knowledge. Episodes like this commonly happen at parties when the punchbowl has alcohol content.
Improper Police Actions
It is a defense that includes testimony or evidence that an officer has violated the appellant’s civil rights. It includes charging a false DUI report or the improper enactment of the officer.
No Miranda Warnings
If arrested then an officer should provide the defendant with Miranda warnings as part of the proper process. Miranda warning are the warnings often hear on TV.
It involves having the right to remain silent, having the right to hire an attorney, any words a person says may bear responsibility against them and so on. In any case that the officer doesn’t provide Miranda warnings or incorrectly recites them, then the defendant can rule out certain evidence at trial.
Even without the old wives tales on how to beat DUI charges, a person can completely surpass it. They can surpass it by not driving when intoxicated. Learning about defenses for DUI charges can help an individual in the future.