DWI Defense Attorneys Browns Summit, North Carolina
If you got a DWI near Browns Summit North Carolina, contact DWI Defense Attorneys Clifford & Harris, PLLC in Greensboro. They will look at the circumstances of your arrest and will study the police records. In this blog post, we’ll examine some defense strategies they may employ.
Challenge the Stop
The police must have probable cause to pull you over. If the officer didn’t have a valid reason to stop you, the evidence collected during the stop, like the roadside tests, may be inadmissible in court. Examples of invalid reasons for a stop include racial profiling or a hunch.
The Fourth Amendment of the Constitution protects citizens from unreasonable searches and seizures. The Supreme Court has ruled that a traffic stop is a seizure under the Fourth Amendment. Therefore, if the police officer didn’t witness you breaking traffic laws but pulled you over anyhow, your case could be dismissed as the evidence can be excluded from the trial.
Field Sobriety Test Challenge
Field sobriety tests are subjective and can be influenced by fatigue, nervousness, or physical impairments, and may not accurately reflect impairment. The accuracy of these tests has been a subject of debate. For instance, the HGN test requires the driver to follow a moving object, such as a pen or a finger, with their eyes. The police officer looks for involuntary movement of the eyes, which can be a sign of intoxication. However, many factors can cause nystagmus, such as medication, fatigue, or an underlying medical condition. Therefore, the results of the HGN test may not accurately reflect the driver’s level of impairment.
Moreover, the walk-and-turn test and the one-leg stand test require the driver to perform physical tasks that can be challenging, even for sober individuals. The tests require balance, coordination, and concentration, which can be affected by physical disabilities or fatigue. The DWI defense attorneys at Clifford & Harris, PLLC, will evaluate the accuracy of the tests.
Breathalyzer Test Challenge
Arrest Protocol Challenge
Suppose the police didn’t follow proper arrest procedures, such as informing you of your Miranda rights or conducting a lawful search. In that case, the evidence collected during the arrest may be inadmissible in court. Clifford & Harris can identify violations of your constitutional rights. They review police reports to ascertain if the arrest was lawful. Challenging the legality of a stop or arrest is complex legally, but the attorneys at Clifford & Harris, PLLC, are experienced North Carolina DWI defense lawyers.
Plea Bargain Negotiation
Negotiating a plea bargain can be the best defense. It means you plead guilty to a lesser offense in exchange for a reduced sentence or other favorable terms. It can be a good way to avoid the severe consequences of a DWI conviction. For instance, the prosecutor may offer a plea bargain for a lesser charge, such as reckless driving. If that’s the case, Clifford & Harris will help you evaluate the offer and decide for or against it.
Contact Clifford & Harris, PLLC
A DWI is a serious matter that requires a strong defense strategy. It can affect your home and professional life. Do not take it lightly. Contact the North Carolina DWI Defense Attorneys at Clifford & Harris as soon as you are released. Their phone number is (336) 574-2788.