Law Office of Kenneth E. Crocken

Being charged with an impaired driving offense does not necessarily mean a conviction and the subsequent headaches that will follow; increased insurance rates, loss of time, perhaps paying for an interlock system, alcohol education classes, etc . . .

The prosecution has to prove beyond a reasonable doubt that you violated the law, it is the corner of American jurisprudence and your right. A good DUI/DWI lawyer will help you develop a strategy that will hopefully minimize the impact of the charge, and will also be able to evaluate the State's case for any holes. The next few posts will outline some defenses.

COMMON DEFENSES

Driving.

The State has to prove you were driving, and that you were driving on a public highway or private property used by the public in general.

The Stop.

There has to be a legal justification for the stop (speeding, weaving, no turn signal, invalid registration, to name only a few). To stop and hold a person, the police officer needs only a reasonable suspicion of a crime, that is the officer has to be able to articulate what made him suspicious, it can not be only a hunch or gut feeling.

Checkpoints are an increasingly popular way of patrolling the highways. The checkpoints are highly regulated with many possible areas for mistakes by the police - was there adequate notice, were the stops random, was there a clear and specific purpose, etc . . . Sobriety Checkpoints have been determined to be constituational by the Supreme Court if the checkpoint meets certain requirements.