Challenging DWI Evidence
Concord DWI Lawyer Advocating For You
In DWI/DUI cases, a lot rides on the strength of the evidence. One simple piece of evidence could be enough to completely make or break a case. What many people do not realize is that it is not uncommon for DWI evidence to have serious flaws. There are oftentimes defendants who simply give in to their DWI charges, not realizing that they have strong grounds for contesting the allegations that have been made against them.
If you are being charged with the crime of driving while intoxicated in the Concord, North Carolina area, it is important that you have a competent Concord DWI attorney thoroughly review your case and determine whether there any weaknesses in the evidence. The Law Offices of Darrin M. Gamradt, P.C. is ready to provide you with the excellent legal representation you need for your case!
Analyzing the Evidence
Examples of DWI evidence include field sobriety test results, results from breath tests and blood tests, officer reports, witness statements, video footage, and the list goes on. Here are a few of the common issues that arise concerning evidence in DWI cases:
- Technical malfunctions or insufficient maintenance of DWI testing equipment (such as breath testing machines)
- Incorrect administration of DWI tests
- Other factors that could have interfered with a driver's performance in a field sobriety test
- Such as certain medical conditions, physical disabilities, injuries or even the driver's attire
- Conflicting information in testimony, written statements and reports
When DWI evidence is discredited because of these issues or other issues, the evidence could be thrown out or the case would even be entirely dismissed. The same is true when it is shown that an officer violated the defendant's rights, such as by making an illegal police stop (a police stop that lacks probable cause).
Challenging the Traffic Violation
First, as your attorneys, we can challenge the traffic stop. The police officer needs reasonable suspicion to initiate a traffic stop, which means the officer needs to observe a traffic violation or erratic driving. If the Court agrees that the officer did not have reasonable suspicion to stop your automobile, then your cause may be dismissed.
An Imperfect Sobriety Test is Not the Final Word!
In order to arrest you, the officer must have probable cause. An officer may say that you have bloodshot eyes or slurred speech as signs of impairment; however, bloodshot eyes may be the result of allergies, lack of sleep or wearing contacts. Additionally, your slurred speech may be a result of sleep deprivation or medication.
An officer will also ask you to preform field sobriety tests in order to determine if you are impaired. The officer must clearly explain how to perform the tests and will also show you how to perform the test properly. An attorney can challenge the officer's observations based on the field sobriety tests and may be able to obtain available camera footage from the officer's patrol car. Additionally, any physical impairments rather than intoxication could have caused you to fail your field sobriety tests.
Chemical tests and Breathalyzer tests can be challenged as being inaccurate or performed inaccurately. Breathalyzers require regular calibration and blood samples can be affected by how biological material is handled by lab technicians or any others who have handled it.
Call Our DWI Defense Firm - Free Evaluation
When contesting DWI evidence, you likely will have a much better chance of success if you work with an experienced legal professional who was trained to handle these types of matters. Contact The Law Offices of Darrin M. Gamradt, P.C. and receive a free case evaluation!