Challenging DUI Evidence in Georgia
Contesting the Weak Evidence with a Marietta DUI Attorney
Anyone arrested and facing serious DUI charges can benefit from the Henrickson
& Sereebutra, LLC's knowledge and understanding of the DUI laws.
As former prosecutors, the
Marietta DUI attorneys have an advantage in defending DUI cases. They also
earned certification by the
National Highway Traffic Safety Administration, which involves completion of a course for DUI detection and standardized
field sobriety tests.
As experienced trial lawyers, they fight for the constitutional rights
and provide a strong defense on behalf of their clients facing DUI and
other criminal charges. If there are allegations against you for a misdemeanor
or felony DUI, then you should seek legal help from them today.
Challenging DUI Evidence
Although law enforcement receives training in
DUI arrest procedures, administration of sobriety tests and breathalyzers,
their evidence is not always reliable or correct. Just because you face
DUI allegations, it does not mean the court will automatically convict you.
The following types of evidence can be challenging in a DUI case:
Breathalyzers – Certain Intoxilyzer machines have problems which can lead to inaccurate
and unreliable results. Many states have challenged the validity of the
breathalyzer tests and the results ruled inadmissible as evidence in numerous cases.
Equipment maintenance – Blood, breath, and urine test equipment requires continuous maintenance,
calibration and proper use. Without this maintenance, test results could
be thrown off.
Unqualified test administrators – A person must be licensed to conduct a blood test. If not, the
test may be administered improperly with unreliable results.
Handling of evidence – The protocol for handling evidence from a crime scene is very
specific to ensure it is not tainted or tampered with. If this happens,
evidence may be no longer used.
Violation of your rights – If an officer violated your rights in obtaining a blood or breath
test, or any other process during the arrest, the evidence against you
may be inadmissible in court.
Most DUI arrests occur at night when the roads are dark in an uncontrolled
environment. That scenario leaves open the possibility of mistakes because
of poor visibility and tiredness.
Why You Need to Take Legal Action Today
You should be concerned about your future if you have been charged with
DUI. It is not minor matter, nor should it be treated as one. The penalties
imposed can be very severe, and you can expect to face long term repercussions
if you are convicted. Some choose to plead guilty and don't make an
effort to find out if the case could be successfully challenged. Once
you plead guilty, your chances on fighting back have vanished. You deserve
to find out for yourself if there was a serious flaw in your case.
At the Marietta firm, the DUI defense lawyers can carefully evaluate each
detail of the case, such as:
- The initial police stop through
- Field sobriety test administration
- The arrest procedure
- Chemical testing
- Video, police reports and witness reports
As they have had the advantage of successfully defending many DUI charges,
they know what to look for and how to employ aggressive defense tactics.
The legal team takes the responsibility to you very seriously. They know
how important this time is to your future freedom and ability to drive,
as well as to your personal and professional reputation. The ability to
act quickly, identify the best options for the defense, and to present
a case in court can be of great benefit to you. They know the law, they know
criminal defense, and they are on your side.
The Marietta DUI attorneys at their firm work tirelessly for their clients.
You should have legal representation from the time of an arrest, at arraignment,
and at each court proceeding.
A strong and aggressive defense against DUI charges may keep you out of jail.
Contact Henrickson & Sereebutra, LLC today to get started!