Violating the law against driving under the influence of alcohol is undeniably quite easier than getting the charge for it dropped more particularly when the prosecutor decides to formally file the matter in court. This is one major concern by the drivers who have carelessly committed such offense and they often go through complicated process of lowering down the charge or defending themselves before a judge. It denotes a burden both on time and money considering that a DUI case may take long period to be settled and the expenses in hiring a lawyer or paying fine may drain the person's bank account. And what is even worst is when the record of conviction bars a defendant to secure good job after serving the sentence. Henve, to avoid these consequences, it is wise to take the following ways in getting your charge dropped:
When the prosecutor has already established probable cause and secured evidences of the violation committed, the instant rescue you can resort to is hire a good defense attorney. Upon the evaluation of your lawyer, you can know the possible alternatives such as pleading not guilty or defending the matter in court or admit the offense and consider a plea bargain offer. And if you decide to pursue the case, it is necessary at this stage that you plan for good defenses which can be verified by reliable witnesses and relevant evidences such as video of stop and police report acquired from the area of arrest.
Look for Discrepancies on the Prosecution's Evidences
If you can determine any discrepancy in the evidences presented by the prosecution, that may result to lowering or dropping of your charge. For instance, when the police officer's report contradict the videotaped evidence, the court can rule it as unreliable source and will never be taken into account in judging the case. It is both the credibility of the officer and the reliability of the evidences especially the result of examinations which you should try to prove in court.
Challenge the Legality of Stop
There are instances where police officers commit mistakes in stopping the driver or in administering the tests which can constitute violation of his rights. This usually happens when the officer has no reasonable or valid suspicion to stop and pull you over from the car. In this case, any evidence acquired after the stop will be inadmissible in court and the possible charge will not prosper or get dropped.
Convince Prosecutor to Drop Charges by Presenting Proofs
You can request to undergo a discovery process to obtain the evidences which may be used by the prosecution against you including test results, police reports, videos, testimonies, etc. and think of a better strategy to refute them. However, if your request is ignored by the court, you have to seek for a court order so as the other party will be compelled to provide you with the said materials. After which, you can file a motion to dismiss on the ground that the evidences are unreliable or there was a violation.
These are just some of the legal ways through which you can possibly get your DUI charge dropped and avoid paying fines and spending time on jail for drunk driving.
