Can I Beat a DUI Case?
There are a number of ways to beat a DUI case in Missouri.
One way is to see whether the original stop meets the legal requirements. Not every arrest in a case is valid.
An officer must have probable cause to stop a vehicle in order to begin the DUI investigation.(DUI and DWI mean the same thing in Missouri). In other words the officer has to have some reason to believe that you are violating a law.
There are cases where an officer will pull somebody over just because he sees them late at night in an entertainment area. This might be some place where lots of people go to a variety of bars. It is late at night and the officer sees you coming from this area.
That is not probable cause. You would have to have done something more than just be in the area. But it can be something you had not thought about.
I have had clients that are pulled over because their plates have expired. They did not drive erratically or do anything wrong other than have expired plates. Unfortunately, that is probable cause to stop you. Not using a turn signal can also call attention to you.
But if there is no probable cause to stop you, the stop can be challenged in court by way of a hearing. If the DUI arrest followed the unwarranted stop, the court will suppress that evidence. Without the evidence gained in that stop, the DUI case cannot go forward.
No matter what the officer says when you are stopped, do not get into a conversation about where you ae going or where you have been. The officer is collecting evidence to be used against you in the case against you. You are not entitled to a Miranda warning until you are actually arrested.
The problem with this defense is that in many cases the officer will make up some reason you were stopped if you are believed to be under the influence. In other words, he will create the probable cause after you are arrested.
There are other ways to beat a DUI case that don’t involve an illegal stop. Just because you have a DUI charge does not mean you will be found guilty. Each case takes time to investigate. What you have to tell me is important.
If you are charged with a DUI, contact me and let me show you how I can help you.