Drunk Driving Defense Attorneys in Los Angeles
Drunk driving defense strategies
Arrested for drunk driving? Unsure of where to turn? At Takakjian & Sitkoff, LLP, we know that the time following a DUI arrest can appear hopeless. Many times, people will resign themselves to the fact that they are going to be convicted. Do not let this negative thinking get you down! The truth is that you are not convicted when you are charged – you are innocent until proven guilty. At our firm, we have over 60 years of combined legal experience that we are ready to put to work for you.
Below, we will discuss some of the strategies and techniques we may utilize:
It is a misconception that a police officer can pull over a subject for any reason. The truth is that a police officer has to have what is known as probable cause to pull over a vehicle. Just seeing that a car is pulling out of a bar is not enough reason for a traffic stop to occur. There has to be some visible sign of intoxication – no matter whether this is swerving, inconsistent speed or even noticeable defects with the car.
Lack of Probable Cause to Arrest
Similar to how there needs to be cause for traffic stops to happen, there needs to be a reason for the arrest to happen. If the person is not exhibiting any signs of intoxication, blows under the legal limit during roadside breath testing and passes all field sobriety tests (FSTs), then the officer has no probable cause to think that they were drunk driving and cannot arrest them. If they arrest regardless, the charges could be dismissed.
Improperly Administered FSTs
FSTs have been standardized by the National Highway Traffic Safety Administration (NHTSA), but that does not mean that they are always administered flawlessly. If the officer has not been properly trained, did not read the instructions correctly or looked for the wrong signs of failure, it could be deemed that the test was improperly administered and that the results were therefore invalid.
Faulty Breath Tests
The machine used to administer the breath test is delicate. It is for this reason that there are strict guidelines as to how it should be treated – including routine maintenance and calibration. If this is ignored, the results cannot be trusted. Similarly, if the test is given at the wrong (ex: during the absorption phase) or if the subject was not told to take a deep breath from the lungs, it could give skewed results.
Violated Rights During Arrest
The Constitution is very clear on the rights that every citizen of the United States is owed. This includes things like the rights to remain silent and the right to retain an attorney. If any of these are violated during the arrest process or if the subject was not read their Miranda Warning, the arrest could be thrown out and the charges dropped. At our firm, we know the questions to ask and will fight for you.
One vitally important aspect of our defense strategy is what is known as the cross-examination of the arresting officer and other witnesses. This occurs during the trial and allows for our defense attorneys to ask questions against the witnesses brought up, this could be to prove a point, dismantle the prosecutor's case or otherwise help build a defense on behalf of the client.
Importance of Hiring an Experienced Lawyer
At Takakjian & Sitkoff, LLP, our legal team is well-aware of the severe penalties that can be inflicted should a conviction occur. You can be confident knowing that we will go above and beyond in our efforts to ensure that this doesn't happening – fighting tooth and nail to help protect your freedom. By utilizing the defense strategies listed above, as well as other techniques, you can trust that we will go the distance in our efforts to protect your freedom.
If you are interested in learning more about how our firm can step up to fight for you or if you would like to learn more about our firm, we encourage you to contact us today. We know what is on the line and will fight for your freedom in every way possible. To learn more, please visit our blog, watch through our informative attorney videos or take advantage of our free online case evaluation form. Just don't waste another moment. Your future is on the line and you need to act proactively to defend it. So don't wait – contact us today.