You are always told to pay close attention to your surroundings while driving, but how often do you really do that? Well if you do at all times, you could have the upper hand on your defense in the event you are being charged with DUI. You may be asking how….well…..

Many times, independent witnesses can provide critical evidence to the Court regarding the actual level of intoxication or lack thereof. These “independent witnesses” could consist of a witness to an accident, a bartender, hospital personnel, or any other person who may be witness to the alleged incident such as passengers in the vehicle.

Stay tuned for next week’s update on the ways you can potentially beat the DUI…

A Federal Court Judge awarded two such individuals $100,000.00 as well as paying for all attorney’s fees in both cases totaling $250,000.00. Even though there has been a resolution and monetary award to the plaintiffs in most of these matters, the City of Chicago Prosecutors Office did not seek to charge Fiorito 2010 for any crimes, as they still maintain that there was no wrongdoing on the part of Officer Fiorito. He has since resigned his position with the Police Department.

The important thing here is that if you ever are pulled over and accused of or charge with something you feel is not accurate, do not just sit back and let it go. You need to always be aware of your rights and of the laws.

You wouldn’t normally expect to have your blood drawn on the side of the road, much less in a police station…but guess what….it happens.

However, many times, police blood testing will fail to follow and/or meet the prescribed rules for testing samples, analyzing the data results, and/or the proper preservation recommendations. More often than not, a Court of law would not accept these types of test results as valid, which can definitely prove to be beneficial in beating your case if that is the only form of physical evidence obtained…

Stay tuned for next week’s update on the ways you can potentially beat the DUI…

We all are familiar with the Miranda Law whereby all law enforcement agencies have to, by law, do what is called “mirandize” any person(s) suspected of a crime. You are familiar with hearing about being read your “Miranda rights”, but did you know that you can benefit from listening carefully when you are being arrested……

IF AN OFFICER FAILS TO READ YOU YOUR MIRANDA RIGHTS, ANY AND ALL STATEMENTS MADE BY YOU WHETHER VOLUNTARY OR NOT, ARE COMPLETELY INADMISSIBLE AS EVIDENCE IN COURT!

Stay tuned for next week’s update on the ways you can potentially beat the DUI…

Malfunctions happen every day, to just about everyone, however some of them can be extremely beneficial!

ALL STATES require that all breathalyzer machines be regularly inspected and serviced. However, IN MOST STATES, if there has been a malfunction or a repair done to a breathalyzer machine or other testing instrument within a certain period of time before or after a suspect’s breath test, any results of that breath test will be inadmissible in court.

Stay tuned for next week’s update on the ways you can potentially beat the DUI…

Did you realize that you are most likely being videotaped from the moment you walk into the Booking Room at the Police Station? A greater number of Police Departments are now employing the use of video cameras in their booking rooms. This can be a bad thing, but…..

BOOKING ROOM VIDEOS CAN BE BENEFICIAL!

Many police stations now videotape their suspects upon entry into the station. Most of the video will come from the booking room, where the suspect’s speech is clear and most of the time their balance is perfect. These videos can be extremely valuable in court when trying to contradict the testimony of any arresting and/or booking officers.

Stay tuned for next week’s update on the ways you can potentially beat the DUI…

WEAVING INSIDE THE LANES IS NOT ILLEGAL!

Weaving without crossing any lines is not a violation of the law. A vehicle cannot be stopped for the sole reason of weaving within the lane of control. Common sense tells you that many factors could contribute to a car shifting from side to side while maintaining its lane of travel.

Stay tuned to find out the next way you can beat your DUI…

How many times do you have to hear that one before they tell you there is a good reading? Well, like most all of the testing that is done in a DUI arrest situation,

BREATH TESTING IS INACCURATE ALSO!

Virtually all experts in the field concede that one breath test alone is an unreliable tool to take to court. Breath testing is subject to a variety of inaccuracies, including a variance as much as +/- 12.5%, non-specifically for ethanol, etc.

That variance of +/- 12.5% is HUGE in the supposed exact science of blood-alcohol testing.

Stay tuned for next week’s update on the ways you can potentially beat the DUI…

What about all of the other tests they do? Guess what…

NON-STANDARDIZED FIELD TESTS ARE INVALID also!

Neither the Federal Government, National Highway Traffic Safety Administration (NHTSA) nor medical and scientific research considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

Tune in next week for more on inaccurate testing…

Sound familiar? Well, if so then you know all about the Standardized Field Sobriety Testing that occurs in the normal course of any DUI traffic stop. However, despite all of the claims that its results are valid, you may not realize that …

STANDARD FIELD SOBRIETY TESTING IS INACCURATE

In almost all healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only about 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 or more pounds overweight, and those 65 years of age and older cannot be validly judged by these type tests.

Stay tuned next week for more information on invalid testing….