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6 Sure Signs to win your DWI Case

May 17, 2010
Author: Chris M. Alexander

Just because you have been charged with a DWI, it means that you are condemned to losing your DWI case. DWI lawyers are trained in the application of DWI laws and are always on the hunt to find cracks in the armor of the prosecutor’s case. This may result in you paying a minimal fee or have the case brought against dropped completely.

Many factor play a role in you winning your DWI case. These range from mistakes made by the arresting officer to the tactic employed by the prosecutor. While s good DWI lawyer will be able to easily identify the signs of the case falling apart, it is also important for you the client to be able to identify these signs also. This will let you know if your attorney is really trying to help you. Some of the tell tail signs that you are winning your DWI case include:

1. Lack of probable cause:

If your arresting officer is unable to produce evidence as to why you were pulled over in the first place, your attorney can apply to move a motion for the case to be thrown out on the basis of lack of probable cause. It is responsibility of the officer to produce this evidence, as the burden of proof is not on your shoulders.

2. Police officer failed to read you your rights:

By law, the arresting office must read your rights when making an arrest. If you can prove that this was not done, then the prosecution will be backed into a corner as one of your fundamental rights has been violated. An experienced DWI lawyer will then exploit this fact and have the entire case thrown out.

3. False reading from breath alcohol test:

A false reading on a breathalyzer machine is a dagger to the heart of any DWI case. If you are sure you had not been drinking, but you still blew a 0.8, then resort to a blood test to prove your innocence. Once the blood test does not correspond with the breathalyzer reading, the case is dead and you are on your way to win your DWI case.

4. Arresting officer refuse to appear in court:

The failure of your arresting officer to attend court sessions may help you in winning your DWI case. Judges are very annoyed at cops who play this game and at some point in time, the judge’s patience will be exceeded. When this time comes, your case will be thrown out.

5. Arresting cop keeps telling you to “blow hard”:

When doing a breathalyzer test, only normal breaths are required. It is a known fact that if successive heavy breaths are made with a breathalyzer machine, it will indicate a higher blood content level than the true value. Therefore, if this occurred during your field sobriety test, it can be a good sign of your ability to win your DWI case.

6. Arrest racial related:

Many individuals are profiled and arrested based on their ethnicity. If the arresting officer has a record of racial discrimination and this can be proven in court, a good DWI will be able to use this to win your DWI case.

Tags: DWI Case, DWI Lawyer

This entry was posted on Monday, May 17th, 2010 at 3:36 am and is filed under DWI Laws, DWI cases . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.