Can You Challenge Drug Recognition Experts In A DUI Case?
You can challenge drug recognition experts (DRE) in a DUI case. The level of training, experience, and skill of a DRE can be questioned. For instance, sometimes troopers will say that they’re DRE, but they may not have gone through the appropriate training. It is crucial to determine whether the individual is claiming that they are a drug recognition expert to meet the requirements to be qualified as an expert. Drug recognition experts have to complete classes or certifications to be classified as a DRE. Hence, it is essential to review their training and experience.
What About Problems With The Initial Stop Or The Investigation?
Problems with the initial stop or investigation can result in suppressed information. To pull over a person, a police officer has to have a valid reason to do so. During a case, it’s essential to determine whether there was a traffic violation that occurred before the police officer pulled over a person. This is known as a pretextual stop. The police officer has to be able to justify the reason that they pulled someone over, which is usually for a traffic infraction. For instance, a valid stop would constitute a police officer pulling over someone who was speeding and subsequently suspecting a DUI.
Therefore, it is essential to determine whether a valid stop was made based on a traffic infraction. If there was no traffic infraction, then any circumstance that follows after that illegal stop can be grounds for a motion to suppress. A police officer’s dashcam can be used as video evidence to prove whether there was a traffic infraction. Otherwise, it can be difficult to challenge a stop on a lack of probable cause to pull over, because the officers will always argue that they witnessed a traffic infraction that gave them the basis to pull over the individual.
At What Point Does The Prosecutor Generally Offer A Plea Deal In A DUI Case?
The prosecutors usually offer a plea deal in a DUI case at the pretrial. The pretrial is the second hearing after the arraignment. Your attorney will try to negotiate with the prosecutor on their offer. The prosecutor always makes an initial offer, which for first-time offenders, is usually either a reduction to reckless driving or negligent driving in the first-degree. Sometimes, the offer can be better if the defense can present potential legal issues or legal justifications for a reduction. Depending on the court, there can be about two to three pre-trials before moving forward with the case, but all offers are usually communicated at the pretrial stage.
Can My DUI Defense Attorney Get My Charges Dropped Or Reduced To A Lesser Offense?
It is possible for your DUI defense attorney to get your charges dropped or reduced to a lesser offense. The offer to reduce your DUI charge to reckless or negligent driving is based on the facts of your case. Any aggravating factors that make the situation a little more serious, such as the presence of another passenger in the vehicle or an accident, can deter a reduction in a first offense DUI. Generally, without a potential legal issue in a DUI with aggravating factors, you will not receive an offer for a lesser charge.
If you don’t have a criminal history and the facts of your DUI make it a run of the mill DUI case, you’ll usually get an offer from the prosecutor for either a reduction to negligent driving or reckless driving. If you have a prior DUI, a lot of prosecutors are unwilling to negotiate those cases. If you have a previous history of DUI or alcohol-related offenses, a significant legal issue will be needed for an offer to be extended from the prosecutor. When an individual has a prior DUI history, the prosecutor will most likely want to take that case to trial and not offer any reduction.
For more information on Challenging Drug Recognition Experts, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (253) 201-2001 today.
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