Pennsylvania DUI Defense Attorney

Being arrested for DUI is a serious offense. It can have consequences that follow you throughout your life. If you think its not a big deal, you are wrong.

My name is Ken Chotiner. I've been practicing law for more than fifteen years. I started this blog to help those looking for information. However, this blog is not intended to be legal advice. If you would like legal advice, please call me for a free consultation. My telephone number is 267-217-DUI-7.

Thursday, July 12, 2012

Beating a Driving Under the Influence Case

Let's face it, you don't have an alibi. You were driving. And, you were drunk, stoned, high, or whatever. You probably think you don't have a chance to beat the case. You are wrong.

There are many ways to beat a DUI case. Generally, there are three areas of attack. First, police have to have the right to stop you. Second, the police have to have the right to arrest and test you. Third, the test has to be properly performed by someone who is qualified.

There are many ways to attack each area. Some are generally and apply to all cases. Others are fact specific and will only apply in a particular driving under the influence case.

Here's an example of how I beat a case. My client was stopped at night for driving without headlights. Officer claimed he smelled like alcohol, had blood shot eyes, slurred speech, and an unsteady balance. So, the police arrest my client and charge him with Driving After Imbibing.

After my client tells me the story, I asked him if he knows he drove without headlights. He says that he must have because the police officer gave him a ticket for that offense. I then asked him how he turns the lights on in his car. He looked at me and smiled.

My client's car was equipped with daytime running lights and automatic headlights. My client never turns his lights on. They come on automatically.

I sent the car to a mechanic who inspected the car and found the headlights to be in proper working order. The mechanic explained everything to the judge using the video tape I had made. The prosecution tried to get the mechanic to admit the lights could have been fixed. The mechanic expected this question because I wondered the same thing. Well prepared, the mechanic responded that anything is possible but it was unlikely. Then he listed a number of reasons why.

Based upon the mechanics testimony, the judge found that the police did not have the right to stop my client. Accordingly, all of the evidence they found that he was under the influence was not allowed in court.

Some people don't like the fact that I won on a technicality. I don't care. If the police are going to accuse my client's of breaking the law, then they must follow it. We live in America where the end does not justify the means.