Legal Grounds On Which Your DUI Case Can Be Dismissed

September 27, 2019

Legal Grounds On Which Your DUI Case Can Be Dismissed

Driving under the influence (DUI) charges can result in serious consequences for the accused in Edmonton. They can completely unsettle your life in the blink of an eye. First of all, your drivers licence might be suspended for at least a year and there’s even a possibility you could lose your job. Second, you could go to trial or even worse face some jail time if found guilty of a criminal offence.

The best DUI defence lawyers in Edmonton can help you regarding any DUI charges you’re faced with. It’s important to remain calm and get in contact with a dependable DUI lawyer in Edmonton. An experienced DUI lawyer can help you when it comes to dealing with DUI charges, there’s even a chance they can supply the court with the lawful foundations to dismiss your DUI charges.

The following are some of the legal grounds on which your DUI case can be dismissed:

  • Improper cause for stopping your vehicle by the police
  • Illegal seizures and searches by the police
  • Illegal field sobriety tests conducted by the authorities
  • Illegal chemical tests conducted by the authorities
  • Your blood was withdrawn without consent and a warrant
  • Violation of a right to speak with your Lawyer
  • Successful ousting of licence suspension

Now we will discuss the above-mentioned grounds one by one to give you in-depth knowledge about each of them:

Improper Cause for Stopping the Vehicle

Normally, a police officer can only stop you on the violation of a traffic law such as speeding or going through a red light. They can also stop you if you are posing a threat to other vehicles by changing lanes erratically and constantly. If you are not committing any such traffic rules, then you shouldn’t have to worry. In that case, the police may have had an improper cause for stopping your car, upon confirmation of which the prosecution would be forced to dismiss the charges against you.

Illegal Search by the Police

Section 8 of the Canadian Charter of Rights and freedom provides its citizens protection against unreasonable search and seizure. Unless police have probable cause or a search warrant, they cannot look for alcohol or drug-related evidence in your car. Moreover, searching through your vehicle without your consent can also result in the dismissal of all DUI charges.

Illegal Field Sobriety Tests

There are certain kinds of field sobriety tests. There is also a specific manner in which they can be conducted. A test done without your consent is one of the reasons the judge may dismiss your DUI charge. Furthermore, if these tests are run in an invalid fashion, then the arrest is considered to be invalid.

According to expert impaired driving lawyers in Edmonton, the most common reason for dismissal of a DUI is due to using faulty testing instrument. These expert attorneys at law are familiar with the exact usage protocols of breathalyzer and intoxilyzer devices. Thus, they can challenge the validity of the results of a test in a court of law.

  • The conclusions will be false if breathalyzer is not calibrated well before use.
  • The results may be inadmissible in the courtroom if you have a specific medical condition.
  • Blood tests need to be administered using standard procedures. Blood must be drawn by a specialist technician. There should be no alcohol-based cleaning agents used where blood is drawn. The blood vials must contain an adequate amount of preservative and coagulant, which should not have expired. They should also be correctly mixed with the sample. This sample should be properly labelled and stored in safe custody at all times.

Illegal Chemical Test

Police officers must notify the accused about his or her rights before conducting a test. Testing instruments must be thoroughly inspected and checked before starting the experiment. The officer must observe a proper chain of command of tests. The seal on the results of these tests must also not be broken before trial.

Taking Blood without Consent and Warrant

If your blood is taken without your consent, then the defence attorney can challenge your DUI charge in a court of law and have it withdrawn. The same is the case if you were forced to give a blood sample without a proper warrant from the relevant authorities.

Right to Speak with Your Lawyer

At the time of the arrest, you should be properly notified by the police officers that you can speak with your lawyer. The defendant can challenge the authorities to have violated this basic right while being arrested.

Successfully Ousting the Licence Suspension

If your lawyer can successfully dismiss the licence suspension against you, then the prosecutor might be forced to offer you a plea bargain. He or she may withdraw all DUI charges against you for a much lesser penalty because their case will become weaker in the eyes of the law once the driving suspension is over.

Although it seems very difficult to remain positive when you are facing Driving Under the Influence (DUI) charges, you should never accept the charges easily. Hire a competent DUI lawyer to defend you.

Slaferek Callihoo specializes in defending all kinds of criminal charges such as Murder, DUI, Assault, Drugs, and Theft. Contact us now for a free consultation.

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Contacting Darin H. Slaferek

We specialize in criminal law, delivering ethical, effective, and efficient legal solutions that prioritize the best interests of our clients.