Martinez DUI Defense Strategies

Martinez DUI Defenses when Rights of the Defendant are Infringed

There are many grounds on which DUI defenses can be mounted. One premise is the infringement of rights of the defendant. The law of the state has lucid procedures that should be followed by everyone. The defendant has several rights that should be protected at all times. The arresting officer is supposed to act as per the protocol and cannot skip or violate any standard procedure. The prosecution should also build a case as per the provisions of the law. If there was any illegality or reasonable doubt about the integrity of any aspect of the whole process, then the same can be used as a reason to get the charges dismissed and the case quashed.

Driving under influence is a serious crime in Martinez. The California Vehicle Code states it is a criminal offense. Hence, the punishment is severe and can include license suspension, financial penalties in the form of fines, jail sentence, probation, rehab program and community service. Many who are convicted also have to install an ignition interlock device in their vehicle. The severity of the crime demands from the prosecution a watertight case that proves beyond reasonable doubt that the defendant is guilty.
 
The prosecutor has to establish guilt of the accused and only then does the defendant need to place their defenses. It is not for the defendant to present a case against the prosecution till the latter have present enough evidence. However, a proactive approach is often one of the best DUI defense strategies in Martinez. Such approaches are often based on infringement of rights of the defendant. Violation of procedures and rights determine the nature of initial defense and what to say in court for DUI.

When faced with an impaired driving charge, the first and foremost step to take is to come up with DUI defenses that work. As reliable and skilled Martinez DUI Lawyers, we will figure out the approaches that we plan to use and what to say in court for DUI cases.

Driving under influence is one of the most common offenses people are charged with in the city of Martinez and across the state of California. It is also one of the few cases that usually go to trial. Courts across the state have become stricter with their verdicts. Law enforcement agencies across California have also become proactive with their assessments and do a good job at documenting evidence against the accused. Over the decades, the law has become more stringent but our defense lawyers in Martinez have been successfully using a myriad of DUI defense strategies to secure verdicts in favor of our clients.
 
We have many approaches to prepare an effective defense. There are standard approaches such as establishing illegality of arrest, noncompliance with laid down procedure, inconclusive results of the tests and finding flaws in the case being prepared by the prosecution. There are other standard DUI defense strategies in Martinez such as plea bargains and reduction in charges. You must appoint a lawyer immediately after being arrested and booked so the evidence can be gathered and a strategy can be devised promptly to prevent the prosecution and law enforcement from getting enough time to build an irrefutable case.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Martinez

Plea Bargain as a DUI Defense Strategy in Martinez, CA

Plea bargains are among the common DUI defense strategies in Martinez. A plea bargain is definitely one of the DUI defenses that work due to specific reasons. It is a preempted approach wherein the prosecution and the defense come to an understanding and there is an agreement to that effect. The severity of the crime is reduced by diluting the charges. The accused gets to plead guilty for a much lesser crime and hence get away with a lenient sentence.
 
A plea bargain usually involves reducing a charge from felony to misdemeanor. It is possible to eliminate the possibility of driving under influence and all mentions of impaired driving from the charges. DUI charges can be reduced to speeding, reckless driving or negligent driving but without being under influence. Such offenses are not criminal in nature and there is no jail term. It is possible to get away with just a ticket when pleading guilty of exhibition of speed or dry reckless driving.

Here are some of the other practical tactics to get out of a DUI in Martinez, California.

• The legality of a checkpoint stop for driving under influence can be challenged.
• Mouth alcohol is an effective defense in many cases.
• Medical grounds such as hiatal hernia, acid reflux and GERD are a potential defense.
• Low carbohydrate diets or ketosis due to diabetes is used as a defense.
• Violations of Title 17 can be used.
• A case of bad driving can be made, thus negating possibility of driving under influence.
• Radio frequency interference is a potential defense.
• It can be established that the accused was not driving at the time of the stop and arrest.
• Mental impairment can be questioned and reasonable doubt can be established.
• The probable cause for a stop and subsequent testing can be proved to be insufficient.
• The suspicion of driving under influence can be debunked.
• Field sobriety tests and their findings can be questioned.
• Blood alcohol concentration in the breath test result can be questioned.
• Blood tests and the findings can be challenged.
• The legality of the whole process of arrest can be challenged.
• Failure of the arresting officer to read the Miranda Rights is a common defense.
• Racial profiling and other types of misconduct can be cited.
• Rising blood alcohol content is a legally admissible argument.
• Absence of implied consent warning is also considered in relevant cases.

The Initial Step When Coming up With DUI Defense Strategies in Martinez

Your first step is to appoint an expert lawyer to contemplate upon the relevant DUI defense strategies in Martinez.

Martinez DUI Defense Strategies That Work

There are a lot of DUI defense strategies that can only be determined and employed a Martinez DUI Lawyer who has a vast experience and professional expertise in this area of law. We have a team of lawyers that has shown consistent results over the years. We visit the site of the incident to get first-hand information about what actually happened and then create effective plans to have our clients acquitted of criminal charges. Call us whenever you need a reliable DUI defense lawyer.