In the United States of America we have the right to travel freely about without being worried about being stopped by the police. In order for an officer to detain an individual the officer must have probable cause. An officer has probable cause to detain or stop an individual when he witnesses a criminal act or reasonably believes a criminal act was committed or is about to be committed. This can be something as simple as a broken tail light.
If an officer detains or stops a person without reasonably probable cause, the evidence obtained as a result of that stop or detention can be suppressed from the point of infraction on. This means that if the officer pulls you over or detains you without probable cause, ALL of the evidence obtained can be considered inadmissible. If the evidence is inadmissible, the state may not be able to prove the elements to the crime and charges may be dismissed.
STAGE 2
The second stage of a defense to DUI is the Sufficiency of the Evidence. In most cases, the evidence obtained will include (1) a driving pattern, (2) officer testimony based on field observations of the Standard Field Sobriety Tests (SFT’s), and (3) a breath or blood test.
In many instances the driving pattern will be taped by the officers cruiser mounted video camera. This evidence can either be very helpful or damaging. If the tape demonstrates a driving pattern indicative of a lack of control of the vehicle it will provide probable cause to detain the operator regarding DUI.
If it the tape does not show an obvious inability to operate the vehicle safely then it becomes a point to argue.
The tape will also be useful when evaluating the officer and your performance during the SFT’s. These are tests that have been specifically developed to determine whether or not a person is under the influence and therefore incapable of operating a vehicle safely. If the tests are not administered properly, their evidentiary value is compromised. The tape will demonstrate whether the officer administered them properly or not. Additionally, the officer’s testimony at the drivers license hearing will serve as evidence concerning the administration of these tests.
Lastly, there is a growing body of evidence that undermines the credibility of the various blood and breath tests currently administered throughout the United States. These tests must be administered precisely as well as with regular calibration of the machinery and interval testing.
STAGE 3
The final stage of the defense involves requiring the prosecutor to prove your guilt because despite what you may think, you are innocent until proven guilty. In order to prove that you are guilty of Driving Under the Influence the prosecutor must demonstrate that;
(1) the accused was operating or in actual physical control of the vehicle
(2) the accused is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle
(3) or has sufficient alcohol in his/her body that a chemical test shows that the person has a blood or breath concentration of .08 grams or greater at the time of the test.
In order to determine the blood or breath alcohol content the arresting officer may request a blood or breath test. If you refuse to submit to this test, the state may impose a civil penalty separate and distinct from the criminal penalty. This penalty will result in the revocation of your license for up to 18 months whether or not you are convicted of D.U.I..
The information provided in this packet is intended as information ONLY. This information in no way provides an adequate substitute for legal representation by a trained attorney.
610-667-0480 PennsylvaniaDUIHotline@gmail.com
You need an experienced drunk driving defense attorney, call or click us today for your free consultation. Our skilled Pennsylvania DUI lawyers have over 10 years combined DUI defense experience.
Levow & Associates, P.C.
GSB Building, Suite 416 One Belmont Avenue Bala Cynwyd, PA 19004
Phone: 610-667-0480 PennsylvaniaDUIHotline@gmail.com
The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.
The Levow & Associates, P.C. offices are located in Bala Cynwyd, Pennsylvania, and represent individuals charged with DUI in Philadelphia, Montgomery, Chester, Delaware, Bucks, Lehigh and Northampton Counties, Pennsylvania.
