Avoid Jail Time By Keeping DUI Evidence Out Of Court

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DUI Evidence Is Everything In A DUI Conviction!

In cases involving DUI charges, the admissibility of evidence in court plays a crucial role in determining the outcome of the case. Evidence presented in court is the foundation upon which the prosecution builds its case against the defendant.

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We were able to visit with Matt Roche the day after we called for an appointment and were very pleased with our entire experience. Matt listened carefully to the details of our issue and knew immediately what to do. After Matt presented our case to the court, it was dismissed, which was the outcome we’d hoped for. We hope we never again need his services, but if we ever need an attorney, we’ll definitely call Matt. And his assistant, Katey, was amazing. They are both friendly, patient, attentive, and helped us feel relaxed and heard. They both treated us as if we were their most important clients every time we contacted them. – Mary Welch

No Dui Evidence = No Case

If key pieces of evidence are deemed inadmissible, it can significantly weaken the prosecution’s case, potentially leading to a verdict of not guilty or even the dismissal of charges. Here’s how keeping DUI evidence out of court can influence the judicial process and potentially prevent a defendant from being convicted and subsequently incarcerated.

Can a DUI Case Be Dismissed? Read the answer HERE!

Understanding DUI Evidence

DUI evidence encompasses various forms of proof that prosecutors may use to establish that a person was operating a vehicle under the influence of alcohol or drugs.

Common types of DUI evidence include:

  • Chemical Test Results: Blood, breath, or urine tests that measure the alcohol or drug concentration in a person’s system.
  • Field Sobriety Test (FST) Results: Physical or cognitive tests performed by an individual at the time of the arrest to assess their level of impairment.
  • Officer Observations: The arresting officer’s observations regarding the defendant’s behavior, appearance, and performance on field sobriety tests.
  • Video and Audio Recordings: Dashcam or bodycam footage from the arresting officer, which can provide visual and audio evidence of the defendant’s condition and conduct.
  • Witness Testimonies: Statements from individuals who observed the defendant’s behavior before or during the arrest.

Legal Grounds for Excluding Evidence

The exclusion of evidence in DUI cases typically hinges on procedural errors, violations of constitutional rights, or the unreliability of the evidence itself.

Key legal grounds for excluding evidence include:

  • Violation of Constitutional Rights: Evidence obtained through procedures that violate the defendant’s constitutional rights (e.g., illegal search and seizure, failure to advise of Miranda rights) may be suppressed.
  • Failure to Follow Proper Protocols: If law enforcement officers fail to adhere to established protocols when administering field sobriety tests or chemical tests, the results may be challenged and potentially excluded.
  • Chain of Custody Issues: Discrepancies in the documentation or handling of evidence (e.g., blood samples) that raise questions about its integrity or authenticity can lead to its exclusion.
  • Reliability Concerns: Evidence that is deemed unreliable or inaccurate (e.g., improperly calibrated breathalyzer machines) may be deemed inadmissible.

Impact on the Prosecution’s Case

The exclusion of key evidence can severely weaken the prosecution’s case in several ways:

Undermining Proof of Impairment: Without chemical test results or reliable field sobriety test outcomes, proving beyond a reasonable doubt that the defendant was impaired can be challenging.

Lack of Probable Cause for Arrest: If evidence supporting the initial stop or arrest is excluded, any subsequent evidence collected may also be suppressed, a principle known as “fruit of the poisonous tree.”

Weakening Witness Testimonies: Excluding certain pieces of evidence can undermine the credibility of witness testimonies or render them irrelevant.

Strategic Defense Considerations To Remove DUI Evidence

A skilled Colorado Springs DUI defense attorney will scrutinize the evidence for any potential legal or procedural flaws to challenge its admissibility. Successfully keeping critical evidence out of court requires a deep understanding of DUI laws, evidence law, and the specifics of the case.

DUI defense strategies might include filing pre-trial motions to suppress evidence, challenging the accuracy of chemical tests, or arguing that the defendant’s rights were violated during the arrest process.

Remove DUI Evidence – A Proven Strategy

In DUI cases, the strategy to remove evidence from court proceedings can play a pivotal role in the defense strategy. By challenging the admissibility of key pieces of evidence, a Colorado Springs DUI defense attorney can significantly weaken the prosecution’s case, increasing the likelihood of a favorable outcome for the defendant. This demonstrates the intricate balance between law enforcement procedures, defendants’ rights, and the judicial process in ensuring fair and just outcomes in DUI cases.

 

 

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Colorado Springs Criminal Attorney And DUI Lawyer Jeremy Loew

Colorado Springs Criminal Attorney & DUI Lawyer Jeremy Loew

 

Colorado Springs Criminal Attorney Reviews

"Jeremy is such an amazing lawyer & has went over & beyond for me as a client & I can’t thank him enough for being there for me. I would hire him again in a heart beat if needed to be. He knows exactly how to treat his clients & he’s definitely worth every dime in the process. Thank you so much for treating me so well. You are an amazing person & lawyer! "
-Susie Wills

Colorado Springs Criminal Attorney Reviews

"What can I say but thank you to this law firm, they are extremely supportive, knowledgeable and down right amazing. I wouldn’t trust anyone else but them. Jeremy and team are amazing and I couldn’t have gotten through my court experience without them. I highly recommend them for any criminal cases you may be facing."
-Josephine Farmer.

Colorado Springs Criminal Attorney Reviews

"Thanks to the law office of Jeremy Loew I was able to walk away from what seemed like a lose lose situation. He was available on the weekend when I was picked up by the cops and he was understanding of my situation. He provided me with reassurance that he could help and pointed me in the right direction to get the best case situation. He fought for me until the last moment to get me the best deal possible and ensured that I was able to keep my license. I would recommend Jeremey Loew hands down."
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