How DWI Cases Are Dismissed in the Dallas Court System
How DWI Cases Are Dismissed in the Dallas Court System
Posted On - April 8th, 2020 | By Tim Clancy | Category - Uncategorized
Driving under the influence is a major problem in Dallas, like it is across the country. However, in Dallas, there has been a major push by law enforcement agencies to step up enforcement.
In Texas you can get a DWI if your blood alcohol concentration (BAC) is greater than 0.08. During this arrest, the police must follow specific steps and procedures to ensure the arrest is justified, legal and your rights have been violated.
Violation of these rights or incorrect procedures are how lawyers are able to have cases reduced to lesser charges or outright dismissed in Dallas.
Due to the complexities of Texas law, specifically DWI law, it is vital you hire an attorney that understands the law and all of the procedures a police officer must take when arresting a citizen for a DWI.
How do you choose the right lawyer? Find one that practices only criminal defense, and has a track record of representing clients facing DWI charges.
Look at their case results. An attorney that defends clients properly will talk about it on their website like we are on this page.
Otherwise, you might end up with a charge that another attorney might of kept off your record.
Below are a few examples of how Tim Clancy has been able to dismiss or reduce clients DWI charges in Dallas.
Invalid Stop Conducted By The Police Officer
In order for someone to be charged with a DWI legally, the officer must have reasonable suspicion to make the stop.
Next, they should be able to explain why he or she conducted a traffic stop in the first place.
If any of these hold true, the state does not have a valid case, and there is a case for possible dismissal.
This is one of many reasons why hiring a DWI lawyer is important, they understand Texas law and how DWI arrests should be performed.
Whether you are in Dallas, Fort Worth, San Antonio or Houston you need an attorney for your case if your rights have been violated or improper procedures were conducted.
Poorly Administered Field Sobriety Test
As you know, these are voluntary tests, and designed to support the states case if it goes to trial.
There are different types of tests ranging from gaze test, a walk and turn, and an alphabet test.
Specific factors are taken into consideration in order for these tests to be used as evidence in court.
If any mistakes are made during the test, your attorney can call the validity of the evidence into question in court.
This can be cause to have the evidence thrown out, and a DWI charge dismissed.
An Improper Breath Test
A breath test is designed to test a drivers BAC by breathing into a device. This test is only as accurate as the results a machine is capable of delivering. It must be calibrated and in good working order.
Some examples of errors are when an officer has not calibrated the machine recently or per standards.
This means that the results coming from the machine can be argued in court. This could lead to a case being dismissed.
A Strong Defense
If you were arrested for a DWI recently, you should hire an attorney that has criminal defense education, experience and knowledge of DWI laws. They should have a track record of representing clients facing DWI.
You have to make sure they will dig through the evidence, police repots, and understand the law. If they do not understand the law thoroughly, and with experience, they will not know what to look for.
Avoid attorneys that do not intend to fight or will simply walk you through the court process and accept the first deal the prosecutors office hands out.
You want someone that will fight, ensuring they help you avoid a conviction.