“DUI Case Dismissed.” [Insert gavel sound.] That’s a judgment many people think is impossible to obtain. Most people assume that if you are arrested on charges of DUI it is an automatic conviction. But in reality, there are dozens of ways to apply the law, prove innocence, or argue mitigating factors that appropriately reduce charges, fines, or potential sentencing. At 1.800.NoCuffs, we’ve seen everything from false arrests to faulty junk science that leads to false BAC readings. We realize that some people who are arrested for DUI can benefit from addiction recovery services and we happily provide referrals to treatment centers like Luminance. We also know that there are times when dolphins get caught in the tuna net. Below is an actual 1.800.NoCuffs client result.
DUI Case Dismissed Example
Don’t believe your DUI charge can be dismissed? Consider this alleged weaving case that led to a DUI arrest. Recently a case came through 1.800.NoCuffs in which a client was stopped on suspicion of DUI after being followed by a police officer for only 5 seconds. (This fact was not in dispute.) The officer pulled the client over for weaving. In that five seconds, the driver could have been looking to change lanes, drinking a sip of water, or swerving to avoid a pothole. There are certain requirements that have to be met by the arresting officer which were not met in this case. With ease, the 1.800.NoCuffs attorney obtained a set aside in court, (meaning the client won the case and was not convicted of DUI).
Why was the client’s DUI case dismissed?
The client’s BAC evidence was obtained illegally because 5 seconds is not enough time to follow someone to create probable cause to pull them over. Explains 1.800.NoCuffs criminal defense attorney Darren Kavinoky, “There’s a three prong test for weaving. It’s got to be:
- 1. distinct or pronounced weaving
- 2. viewed over a substantial period of time
- 3. by a trained officer.
Those are the three different prongs. If any one of the prongs is missing then the evidence is capable of being suppressed. Any evidence that follows a stop that doesn’t satisfy that three prong test is fruit of the poisonous tree. It has to be suppressed and it can’t be used against a person. Any evidence that is derived from the poisoned evidence has to be thrown out. So in the case of a bad stop, if somebody’s pulled over for weaving, but it was a bad stop, all of the officer’s observations, all of the statements of the defendant, and all of the chemical test results have to be thrown out. So what are they left with? Nothing. Case dismissed.”
How to clear DUI record of a DUI Arrest
Next, we ask celebrity attorney Darren Kavinoky what happens when someone who is found not guilty of DUI, wins a set aside in court, or charges are dropped altogether. How do they clear their name? What are the advantages and limitations of an expungement? Read about how to clear DUI record and DMV record here.