Just Criminal Law’s Christina Williams shares the three steps to every DUI arrest that, if done improperly, can be used to help fight the DUI.
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Hi. This is Christina Williams from Just Criminal Law. It’s all we do. People think a DUI charge is impossible to fight. That’s not true. There are lots of ways to fight a DUI. In the last video, I told you about ways to get the blood alcohol test results thrown out. In this video, I’m going to show you how the DUI arrest could be thrown out if the arrest was done improperly. There are three distinct steps or parts to every DUI arrest. The officer must be able to justify moving on to the next step. When I review the body camera footage in a DUI, I look to see whether the officer had a clear reason for each of the three steps. Here are the three steps. Number one, did the officer have a good reason to pull you over? If there’s any doubt why the officer pulled you over in the first place. I’m going to look at the footage and be certain it was proper. Sometimes there simply isn’t a clear reason for the stop, which means everything that happens after that point is null and void. Number two, did the officer have a good reason to ask you if you had been drinking and start a DUI investigation? Officers use their judgment to determine whether they think you’ve been drinking. So it’s very subjective. I can determine from the body cam footage if the officer had a solid reason to believe you had been drinking. If not, they don’t have a valid case against you. And number three, did the officer have enough reasons to arrest you? Once the officer believes they have enough to justify an arrest, they must say, I’m placing you under arrest for DUI. If I see they didn’t have enough clear evidence to do this, I can get your arrest thrown out and get the charges dismissed. Now, here’s what you can do to help me fight your case. Remember, you don’t have to answer the officer’s question. Have you been drinking tonight? And you don’t have to take field sobriety tests because they’re voluntary. By becoming educated, you can protect yourself and your rights. If you find yourself in a situation where you’re being questioned by the police or you’ve been placed under arrest, tell the police, number one, you don’t want to discuss your day and ask if you’re free to leave. Number two, let them know you want to talk to a lawyer. And number three, contact criminal law by clicking the link in the description You can call, text or chat with a member of my team any time, day or night. If you found this video helpful, there are many more on our website that JustCriminalLaw.com. You only get one shot at justice. So make yours count.
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