Prosecutors filing impaired driving charges against motorists usually rely on specific types of evidence. Frequently, they have video footage of poor driving, field sobriety test results and chemical test results.
Occasionally, they may pursue criminal charges when they only have one or two of these primary types of evidence. In many cases, people treat chemical test results as the gold standard in drunk driving cases. The ability to keep test results out of court can potentially contribute to a number of viable defense strategies.
When can a defense attorney prevent the use of chemical test results by prosecutors during trial?
Lawyers can exclude certain evidence
Police officers trying to gather evidence of criminal activity have to follow very specific protocols. They must adhere to the law and must also actively avoid violating the civil rights of the suspect. In scenarios where there is clear evidence of an inappropriate search or illegal behavior, an attorney can theoretically eliminate evidence that the state wants to use.
Under the exclusionary rule, evidence gathered through civil rights violations or criminal activity is subject to challenges during court proceedings. Defense attorneys can present evidence of police officer misconduct as a way of preventing the state from using ill-gotten evidence.
If a traffic stop was illegal, then any evidence gathered during the traffic stop might be illegal as well. Defendants often need to go over their arrest in detail to explore whether a violation may have occurred.
What if there are concerns about test accuracy?
Sometimes, drivers hope to exclude chemical test results from a trial because they believe the results are inaccurate. Such scenarios often involve defendants with specific medical conditions or gaps in police department records regarding the maintenance of the test device.
In such scenarios, it usually is not possible to exclude the evidence from trial. Instead, a defense attorney brings in expert witnesses and scientific documentation to raise questions about the validity of the state’s evidence. It is possible to counter breath test results in cases where excluding the evidence from trial isn’t an option.
Exploring different drunk driving defense strategies can help drivers more effectively respond to pending charges. With the right strategy and support, many motorists can avoid life-altering criminal convictions.
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