In Pennsylvania, drivers who are accused of a DUI have access to a variety of defenses to prevent a conviction. These defenses can prevent the defendant from facing a suspended driver license, fines, and possible jail time. The following is a review of the DUI defenses possible with a criminal law firm in Lebanon County, PA.
Mistake of Fact
A mistake of fact indicates that the officer’s assumptions were incorrect. In some cases, an arrest is made based on field sobriety tests instead of a breathalyzer or other chemical test. However, some conditions can lead to the assumption of intoxication. These conditions relate to the disorientation of the driver based on illnesses such as diabetes, which can mimic the effects of intoxication.
Evading an Attacker
Patrons at nightclubs mean a high risk of an attack. Offenders take advantage of the individual’s intoxication levels to attack their victims. These actions could also be related to date rape drugs placed in the victim’s drink. If the driver can present evidence that they are evading an attacker, charges are dropped. Surveillance footage at the nightclub or physical injuries is often used as supportive evidence.
Faulty Equipment and Results
Law enforcement agencies are required to complete tests and repairs for their breathalyzers. If they fail to complete these steps, the defendant could have the charges dismissed. They must keep a log of all repairs and testing for the equipment. The court can request this log.
Inaccurate Blood Test Results
The driver can request a sample of their blood to enable their attorney to conduct testing as well. If these tests don’t match, it is possible to have the charges dismissed. This is a dismissal based on inaccurate blood test results.
In Pennsylvania, drivers who are facing DUI charges can utilize applicable defenses based on the circumstances of their arrest. These defenses must be presented with clear evidence that supports these allegations. They can include a mistake of fact, a lack of probable cause, evasion of bodily harm, and faulty test results. Defendants who are facing these charges should contact a criminal law firm in Lebanon County, PA through the Law Office of Melissa R. Montgomery.
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