One question that comes up in DUI cases is what defenses do I have when I have been charged with Driving Under the Influence? The defenses that an individual has in a DUI case very much depends upon the specific circumstances of the crime. aggravated assault while DUI The first question to assess is why did the police stop the defendant’s vehicle? Typically, the police stop a motor vehicle in a DUI case for a traffic violation such as running a red light, or a stop sign or even speeding. However, defendant’s also may be stopped for having a tail light out or not signaling when they are changing lanes. In these circumstances, the police do not have to prove that the defendant knew that he was speeding or had a tail light out at the time he was driving. The only thing that matters is that the police officer had probable cause to believe that the defendant was committing a traffic violation.
What recourse do I have if I believe that I have good defenses in my DUI case? Any criminal defendant charged with a DUI may file a Motion to Suppress the evidence that was obtained against him (typically his blood alcohol content and his failure to properly perform the field sobriety tests). DUI endangering the welfare In these circumstances, the defendant would argue that the police did not have probable cause to stop his vehicle or that the police did not have reasonable suspicion to believe that he was under the influence of alcohol or a narcotic after the vehicle was stopped. The key point to remember in regards to such a motion is that the Judge is looking to see what the officer had been observing about both the defendant and his driving when the incident occurred. Make sure to consult with an aggressive Chester County DUI attorney if you have been charged with a DUI.