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Los Angeles DUI Lawyers

March 21, 2024 Uncategorized

Defending Against DUI Charges in Los Angeles

Just because you were arrested under suspicion of DUI, doesn’t mean you are necessarily guilty. In fact, even if the arresting officer claims to have evidence from testing equipment to show your level of sobriety, a skilled Los Angeles DUI lawyer can get the case dismissed.

Questioning the Arresting Officer

Your Los Angeles DUI lawyer is going to either get a chance to question the arresting officer during a hearing for your license or at the trial, but either way, these questions can help to discredit the officer and weaken their case. Your attorney is going to have a copy of the arrest video, and will be able to clearly see what field tests were administered the night of your arrest. With so many tests to choose from, your Los Angeles DUI lawyer wants to see why the officer chose the tests they did.

If the field tests are determined to be challenging even for someone who is sober, your attorney can begin to chip away at the intent of the officer and if they were fair in the assessment of your condition.

Checking the Testing Device History

There are a number of reasons the testing equipment used at the scene could have given a false reading. There are currently well over one hundred different interfering substances that can cause a breathalyzer to give a false reading, not to mention medical conditions or equipment malfunctions. Your Los Angeles DUI lawyer is going to dig deep into the performance records of the testing equipment too, to see if it has a history of providing inaccurate readings.

The best DUI lawyer can cast doubt on the test results by showing a device that can not be counted on to provide consistent readings. If the reading was wrong with another driver, then it could be wrong when it was used to obtain your numbers that evening as well.

The Experience in Equipment Calibration

The testing equipment that was used to determine your level of sobriety may have been working fine for other officers, but could it have provided a false reading for this officer in particular? One of the things that your attorney is going to do is to dig deep to see if this officer has a history of not being able to correctly use the equipment. Maybe this officer didn’t calibrate the device correctly before it was used, so the reading could be inaccurate. Your lawyer is trying to get the records to show this officer may have a history of making mistakes with a certain piece of equipment, and this client should not have to suffer those consequences.

If the attorney does uncover evidence this officer doesn’t have enough experience with the device they used to obtain the test results, it could cast a doubt over the case. At that point, your attorney will try to get the case dismissed or charges dropped to reckless instead.

Violation of Your Rights

Regardless what the reasoning for pulling the vehicle over, the arresting officer must follow a strict code of conduct throughout the arresting process. One reason that the police officer has a dash cameras is so that they can be reviewed from time to time on how they treated suspects. Your Los Angeles DUI lawyer is going to eventually subpoena that videotape, both at the scene at in the police station, and carefully analyze the entire process.

It only takes one small instance of the arresting officer not reading the suspect their rights or violating them, that the lawyer can push for a dismissal. Most drivers have no idea what rights are afforded to them during an arrest, your attorney knows all the laws and understands when your rights have been violated when you were being tested or taken to jail.

Regardless whether you think you really are innocent or guilty, your best course of action will be to team up with a skilled Los Angeles DUI lawyer who can utilize their expertise to show the court the findings are not completely accurate.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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