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Legal Defenses

Any experienced attorney can tell you that there are several legal defenses that can cause a DUI case to be dismissed or evidence thrown out of court. Only a small sampling is listed here; your DUI lawyer will be able to select the best one for you based on a careful review of the facts.

Before the police can legally stop your vehicle, they must have a reasonable suspicion that you have committed—or are in the act of committing—a crime. In addition, they must also have probable cause before they can arrest you for a DUI in Ohio (or any other crime, in fact). When you hire Columbus DUI attorney Peter Binning, he will carefully question you and evaluate all of the facts of your case to determine whether your arresting officer met the legal requirements before stopping or arresting you.

Another type of defense concerns the “fruit of the poisonous tree” doctrine, which states that any evidence gathered as a violation of your rights should not be admissible in court. On TV shows and movies, this might cover evidence seized with a search warrant. In your Ohio DUI case, it might cover the results of any blood, breath, or urine test obtained after arresting you without probable cause. If your attorney can show the judge that probable cause did not exist during your arrest, the results of your chemical tests will have to be thrown out of court.

Because the results of these chemical tests are so important to the police, they must follow strict procedures for maintaining and calibrating their breathalyzer machines and keep them in proper working order. In some cases, we can prove that these machines were improperly calibrated, didn’t receive the routine maintenance required by law, or the police didn’t follow the prescribed operating procedures set by the manufacturer.

Columbus DUI attorney Peter Binning can use these or many other legal defenses to help regain your driving privileges and clear your record, but not without carefully reviewing your file, driving/criminal history, and the facts specific to your case. Don’t assume that a “failed” blood or breath test means that you will be convicted; there are still ways of fighting your DUI charge! Call our office today for a free consultation!

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