Mississippi DUI Defense Strategies
What Are Some Defense Strategies Used In DUI Cases In Mississippi?
When individuals refuse the Breathalyzer, there is no record of any blood alcohol content whatsoever. If you blow a 0.08 or greater, then we have to show that the Intoxilyzer was not properly calibrated within the timeframes allowed or that the officer wasn’t certified, or that there was some other error. Under the sixth amendment of the United States Constitution and Article 30 Section 26 of the Mississippi state constitution, you have a right to confront your accusers; you have a right to confront the analyst who performed the test. From there, we have the common law arguments
Dashcams and officer body cams are very useful. Police officers are human beings and they get things wrong. When an officer does the Horizontal Gaze Nystagmus test incorrectly, they do the Walk and Turn test incorrectly, or they get the time wrong on the One Leg Stand test, these are things that are on camera. I can go back and analyze it. I have their own manuals to use against them and that is the beauty of camera footage. I’ve also seen reports saying that my client did one thing, then watched the video of them doing another thing.
Another defense is challenging drug recognition experts (DRE). I always advise to refuse all tests, whether it is a standardized field sobriety test, a DRE exam, a portable Breathalyzer, or the Intoxilyzer at the station. It is also possible to question the initial stop. Reasonable suspicion or probable cause are required to pull over someone over. The next issue that comes in is roadblocks. The officers are almost always going to testify that they smelled alcohol or marijuana. Often, officers claim that they received an anonymous tip. Someone called in to dispatch that they observed a certain vehicle swerving from lane to lane. The case law says that they have to be able to prove the veracity of the tip unless it’s coming from a known source.
Sometimes, we see that the vehicle is inoperable. Operating is a very broad term and they do have to show beyond a reasonable doubt that you operated it. Sitting in a vehicle with a heater on is enough to show that you are operating it. If you are in an automobile and trying to sleep it off, park somewhere, take the keys out of the ignition, and make sure the vehicle does not run.
Win Your DUI Case! | Mississippi DUI Defense Attorney
Americans like to win. We work hard; we play hard. Whether you’re a major league baseball pitcher in game 7 of the World Series or captain of the local softball team, you’re playing to win. If you’re a gamer online fighting for world domination, you’re playing to win. Whether you’re baking your famous pie for the state fair blue ribbon competition, or grooming that hog for best in show, you’re going for the win. Winning has its advantages, indeed. But when it comes to winning your DUI case, there is no second prize. It’s not a game or competition, it’s a fight for your life that you cannot afford to lose. And if you’re staring down DUI charges, you simply must hire a Mississippi DUI defense attorney right away. Time is definitely of the essence.
Many attorneys are known for their ability to plea bargain cases. From our perspective, these attorneys have accepted that they’re going to lose and make little to no effort at all to win, settling immediately into a plea bargain—the easiest option for them. This is not how we play the game. Our approach is different, and that’s why we’re considered to be one of the top Mississippi DUI defense attorney firms in the Greater Jackson area, and across the state. People respect our approach; we get results, and for that, we are respected. We take on cases to win them, not simply plea bargain them away.
While it is true that plea bargains are sometimes sought, and we will seek one for you if that is your best option, we don’t start from the point of giving up. We start with the intent to win. We start with the work ethic, mindset, and desire to land an outright dismissal or not-guilty verdict!
How Do We Do It? | Mississippi DUI Defense Strategies
Strategy. Our Mississippi DUI defense strategies are unique; we win cases by crafting a strategy and defense that is tailored to your case, not some generic defense from the dusty, old defense playbook that’s been sitting on the law library shelf for one hundred years. Technology is changing, the times are changing, and we have changed with them. We use advanced technological methods to investigate the circumstances of your case, collect information, research important data, and log witness testimony. And we challenge literally everything that the prosecution presents. We file every motion that we can in our effort to discount prosecution evidence, no matter what it is.
We look for cracks, procedure errors, mishandling errors, inconsistent testimony, and inconsistent/questionable police reports or oral accounts, in short, we accept nothing at face value and will poke and prod till we find one or more ways we can seek to have your case dismissed if at all possible, or won on acquittal. And if there are Breathalyzer results, or other blood-alcohol testing and analyzation results, we will aggressively attack them as well. Breathalyzers, like any equipment, can malfunction. And police officers can make errors when they initiate tests.
Additionally, sometimes there are serious problems with the stop itself, meaning that the police officer who pulled you over may not have had probable cause to do so, or may have violated your rights during the stop. In either situation, there could be significant grounds to petition the court to throw out any evidence collected during the stop. As your Mississippi DUI defense attorney, we will look at every detail and if there was even the smallest issue regarding the legality of the stop or the manner in which you were handled by the police officer, we will attack aggressively and seek to have all evidence thrown out immediately.
For more information on Potential Defense Strategies In DUI Cases, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (601) 283-2343 today.