Having the charges dropped or the case dismissed is the sort of outcome everybody dreams of after being charged with operating a motor vehicle under the influence of alcohol. It means no evidence of the episode on the person’s driving record and no harsh penalties, such as a steep fine and jail time. An OUI Defense Attorney in New Iberia LA may be able to make this happen, depending on the circumstances.
An OUI Defense Attorney in New Iberia LA may begin by contesting the results of the breath test. If the device was not calibrated properly, there may have been no valid reason to bring the driver in for more stringent testing.
Another technical issue involves law enforcement officials not having a valid reason to pull the driver over. They might see someone who appears to be intoxicated exiting a bar and decide to follow this individual after he or she gets behind the wheel. Nevertheless, if this driver does nothing wrong and there is no safety infraction with the vehicle itself, police cannot stop the person.
They are, however, allowed a great deal of discretion in regard to what they stop someone for. They might stop a driver for the vehicle having dirty headlights, for example. From there, they can ask the individual to take a breath test if they have reason to believe he or she is intoxicated. It should be noted that Arizona does allow OUI checkpoints, but these are designated roadblocks during which all drivers are evaluated, not random pullovers of a single individual.
The prosecuting attorney is responsible for dropping charges after filing them. A judge is usually the person who dismisses a case after charges have been filed. They are different processes, but they essentially lead to the same result. In some instances, a defense lawyer is unsuccessful at convincing the prosecution to drop charges but is later successful at convincing a judge to dismiss the case. Anyone who is dealing with a charge of OUI and facing monetary penalties, incarceration and license suspension may hire a lawyer such as Chris Richard for legal representation. View details on this law firm at chrisrichardattorney.com.
