How to beat A Dui Case
10 Ways To Beat A DUI
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today we're going to talk about ten ways
to beat a DUI hello everyone I'm
attorney Joe Palmetto Joe the lawyer the
founding partner of Joe Palmetto law
often times when people get DUIs they
are resigned to losing they think that
they've already lost their case and that
there's no way to win I'm here to tell
you that is not always true I've been
practicing law for over seven years I've
done many DUI cases many traffic cases
that's a large majority of my work and
there are ways to beat a DUI today I'm
going to list 10 ways that you can beat
a DUI
number one is suppression what do I mean
by suppression well if the police made
an illegal stop of your vehicle you can
suppress all the evidence that came
after that illegal stop in order for the
police to stop your vehicle legally they
need to have reasonable suspicion and/or
probable cause which means they have to
have a reason for making the traffic
stop this is required by the Fourth
Amendment of the Constitution which
protects citizens from unreasonable
searches and seizures sometimes the
police will put something in the report
that either isn't true or doesn't rise
to the level of reasonable suspicion and
or probable cause for them to make the
traffic stop so if the police did not
follow the correct procedure or did not
pull your car over for a legal reason
you may be able to challenge the stop
and therefore knock out all of the
evidence that came after the traffic
stop
number two medical conditions I have a
case right now where an individual
wrecked their car and then the police
investigated afterwards for DUI they
believed that he was intoxicated however
the individual was suffering from a
medical condition that mimicked the
symptoms of being drunk or under the
influence of drugs we plan to use expert
evidence to
show that this individual was actually
suffering from a medical condition that
he was not actually intoxicated in order
to beat the DUI so if you have a medical
condition that's similar to intoxication
you may be able to use that to challenge
the DUI number three rising blood
alcohol most people don't know this but
when you take a drink it can take about
30 minutes for that alcohol to hit your
system and raise the BAC the blood
alcohol content of your blood picture
this scenario you have your last drink
at a bar you get in the car you're
driving out of the bar and the police
pull you over they take your blood about
30 minutes after the stop well it took
30 minutes for that alcohol to register
in your blood you were driving 30
minutes ago so 30 minutes before they
took your blood your blood alcohol
content may have been lower than it was
whenever they performed the test so
perhaps at the time you were driving you
at a lower BAC than the time when they
took your blood because of the time it
takes for the blood to hitch to hit your
system I'm sorry the alcohol to hit your
system this is a common way to challenge
duis you may not beat the DUI but the
BAC that the police take at the hospital
may not be the BAC that it was when you
were actually driving the vehicle you
can get your penalties reduced this way
number for bad field sobriety tests so
the police are trained to give field
sobriety tests in a certain way however
they don't always do it take for example
the walk and turn that has to be
performed on a flat clear surface when
the police have you walk on the straight
line if they didn't do that properly you
can either get it dismissed from the
case that evidence or you can challenge
the accuracy of the test at trial number
five not driving I'll give you a common
scenario here some people leave the bar
they go into their car they
all asleep in order to sleep it off well
you can still be charged with the DUI if
you were sitting in the past in the
driver's seat and or the car was running
so the actual facts of where you were in
the vehicle can impact whether or not
they can charge you with a DUI I'll give
you a little tip I don't advise sleeping
it off in a vehicle ever but sleeping it
off in a vehicle you should definitely
do it in the passenger seat and not in
the driver's seat it may protect you
from a DUI number 6 inaccurate breath or
blood test the machines the police use
are not perfect you may think that they
are and the majority of the time they
are however there are expert witnesses
who can come in and talk about the
mistake ratio for blood alcohol and
breath tests on top of that a
breathalyzer has to be properly
calibrated in order to take an accurate
test furthermore the police may have you
take several tests which one do they use
well you should get the benefit of the
lower test so there are ways to
challenge the accuracy of a blood and/or
breath test
number number eight the chain of custody
for the breath test for the blood test
so when your blood is taken at the
hospital and then sent to the lab there
has to be proper documentation to show
where that blood was taken and how it
got to the lab and where it was taken
and stored at the lab where it was
tested you can sometimes challenge that
chain of custody if there was a mistake
in the chain of custody you may be able
to suppress I used that word before
suppress the evidence of the blood
alcohol content test
number eight the police took your blood
or breath in violation of the Fourth
Amendment just like the police have to
follow certain procedures in order to
stop your vehicle and investigate a DUI
they also have to do the same when
taking your blood or breath if they
improperly coerce you
or otherwise do not follow procedure you
may be able to exclude the blood the
blood or breath evidence from your trial
number nine mouth alcohol this isn't all
that often however some people may have
a type of dental work where alcohol gets
trapped inside their mouth if that
occurs the breath tests that they give
may be inaccurate and this may be a way
for us to challenge the actual breath
test and the results of the breath test
and then number 10 other substances so
you may be a person who gets a DUI maybe
taking certain prescription drugs okay
which mix or effect of the way that the
individual drives okay
this doesn't this means that you may not
always be convicted of a DUI if you were
taking your prescription drugs and/or
you were using them properly it can also
depend on how they mix with alcohol and
other substances so if you taking
prescription drugs when you get the DUI
whether the DUI is for drugs and/or
alcohol you need to let your attorney
know there may be ways to challenge the
DUI depending on what substances you
were actually taking this list I just
gave you of 10 ways to beat a DUI is not
exhaustive and they don't always work
every time however I want to give you
hope that sometimes you can beat a DUI
there's many ways to do it and there's
more ways than the ways that I listed
here to day so thank you for watching
this video I'm Joe Palmetto Joe the
lawyer founding partner of Joppa meadow
law if you like this content and you
want more subscribe to my youtube
channel also leave a comment if you have
a question or if there's something that
you want to say to me I upload videos
regularly on the law on topics like duis
additionally I have an email list in the
description of the video sign up and you
will get a a PDF of five things to do
whenever you're pulled over by the
police thank you for watching today call
me if you get a DUI I'll be happy to
help
