Michael P. Manley DUI/DWI Law Blog on Lawyers.com

Flint Michigan DUI/OUI Defenses

Friday, May 8, 2009 by Michael P. Manley

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Some common defenses to a drunk driving charge include:

Whether the driver was impaired and/ or intoxicated through the use of alcohol.

Whether the driver was "operating" a motor vehicle on a public roadway.

The legality of the traffic stop.

The police officer's reasonable suspicion to investigate a driver's sobriety.

The police officer's probable cause to detain the motorist.

Whether the officer had probable cause to effectuate an arrest.

The sufficiency of the evidence against the driver.

Whether the officer's training and other qualifications provided adequate skill in conducting the investigation.

The validity of the chemical body analysis

Whether the chemical testing was performed within a reasonable time of traffic stop

Whether administrative rules were complied with by the police officer

Whether jurisdictional matters are proper

Some or all of the above matters may be a defense in any particular case. Careful review of the police reports, chemical testing results, the DI-177, videotapes, audiotapes, and radio transmissions may reveal weaknesses in the prosecution's case, resulting in a reduced plea to a non-alcohol offense or dismissal of charges.

 

 
Posted at 13:59 PM
Topic: DUI/DWI
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