In DUI cases and in every criminal case we handle, we first find out about the Client’s social, work and family lives and obligations. Then, we get the facts of their case and explain the DUI laws to the client. We then apply the facts to the law and the law to the facts, to see where we can find “holes” in the prosecution’s case and opportunities for dismissal or reduction of the charge.
We begin finding out if there were errors in the way the police handled the traffic “stop”, the Breath test, the FST’s, the arrest, etc. to determine the best customized defense for each client.
We prepare ourselves and our clients, to be proactive and then we work together as a team. We obtain records for the Breath Test machine that the client blew into at the police station, going back two months. By doing this, we are able to look at every person who blew on that machine during the two month period prior to our client. We look for each time the machine was “down” for service, cleaning, repairs and maintenance and we look for anomalies and prior deficient breath samples, that might undercut the Breath Test results of 0.08% BAC or higher, or our client. In essence, we try to show that the Breath Test machine was unreliable when our client took the test.
During our discovery process we also obtain the written “Criminal Complaint” from the clerk of the General District Court that the arresting Police Officer wrote, after our Client’s DUI arrest, which is an important summary of the reason for the Traffic DUI stop; an outline of the Field Sobriety Tests given to the client; the PBT test result (Preliminary Breath Test on side of road, not admissible) and the BAC percentage from the police station.
We look at every one of these pieces of information as part of the puzzle of our due diligence. We determine if there was “reasonable suspicion” for the police stopping our clients; why the client was asked to get out of their vehicle; how many beers or drinks they said they had; or in the case of a blood draw if the client stated any types of drugs taken before driving (prescription or illegal).