A DUI conviction in Montgomery County, Pennsylvania can lead to serious consequences. Having an attorney to defend you in court is an absolute must. Losing your license, going to jail, and the financial ramifications can be devastating. There are also new habitual offender penalties that increase the severity of the crime. Having a skilled defense attorney in these matters is an absolute must. There are several viable defenses that can help you avoid these penalties.
Lack of impairment:
When you’re stopped by the police, proper procedures must be followed. Visual observations that the police use may be misleading. Allergies, illnesses, and poor judgement can lead to an unwarranted DUI arrest. While field sobriety tests are used to assess potentially impaired drivers, illnesses and other factors could influence the outcome of the test.
Lack of probable cause:
Both the US Constitution and the Pennsylvania Constitution provide protections from unreasonable governmental searches and seizures. If the police had no legitimate reason to stop your vehicle, they cannot use the evidence against you in court. A stop for suspicion of driving while impaired is considered an investigative stop. Certain protocol must be followed during these stops. If it wasn’t, the evidence must be deemed inadmissible. A skilled DUI attorney can assess whether the stop and investigation are valid.
DUI checkpoint standards:
A DUI checkpoint must meet certain standards and criteria to be considered valid. The location must be approved and in an area that could potentially be a high-risk area for drunk drivers. The area must also be properly marked and easily visible. If the location isn’t valid or hasn’t been approved, the evidence may be inadmissible.
Invalid breathalyzer testing procedure or faulty equipment:
An invalid breathalyzer test or equipment that’s not functioning properly can affect the results of a test. These results will be used against you in court. If they’re invalid or the test wasn’t conducted properly, this is a viable defense. A skilled DUI attorney can review the evidence to determine if the breathalyzer results or equipment should be challenged in court. Faulty testing and inadequate equipment have been challenged in Pennsylvania with success. The equipment must also have been calibrated properly to admit breath and blood tests in court.
The driver was not properly identified by the police:
The police must be able to identify the driver of the vehicle when making a stop. If the officer didn’t observe the driver, the evidence may be inadmissible in court. This often happens when a group is riding together, and the officer didn’t see the driver. Witnesses can appear in court to support the accused. Assumptions can’t be supported in court and an attorney is able to prepare a viable defense on this basis.
Inadequate or incorrect police reports:
When an officer stops you for a DUI, there report is the narrative that the officer will use to support their claims. Often, these reports will contain misleading and information that’s unable to be supported by the evidence. Inaccuracies in the police report can be spotted by an attorney that reviews all the evidence. If the video or any other evidence used in any way deviates from the report, the evidence must be discarded.
The actual statutes for Pennsylvania DUI and other driving while impaired laws can be found by visiting https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038..HTM. Our skilled attorneys can review your case to see how they can help. They’ve successfully defended many DUI cases. Losing your driving privileges can be both detrimental and embarrassing. You’ll also be subjected to hefty fines and penalties that are long lasting. With new laws that are much stricter, it’s important that you have someone on your side. Get in touch with us for your case evaluation, today.