Most Important Issues in a DUI Defense Case

As you prepare for your initial meeting with your Sacramento DUI lawyer, there are a number of important facts you should compile to discuss. By fully informing your lawyer about the circumstances surrounding your DUI arrest and charge, you stand a better chance of mounting a strong, impenetrable defense that the prosecution will have difficulty circumventing.

In California, and all states in the U.S., police need a reasonable suspicion that a crime is underfoot before the Fourth Amendment will permit a traffic stop. One of the most common defense resources involves an improper traffic stop, which results in an immediate dismissal of the case (assuming a rebuttal defense does not apply).

When discussing your case with your Sacramento DUI lawyer, he/she will want to know why you believe you were pulled over as well as what the officer said to you at the time of the stop. Whether you received a traffic citation for any other violations is important, too. Also, if you have innocent explanations for any erratic driving or behavior, be sure to share those with your lawyer right away. It is equally important to share with your counsel whether it is likely that the officer saw you leave a bar parking lot prior to the stop.

The Constitutions of both the United States and California protect citizens from unlawful conduct by law enforcement, and your Sacramento DUI lawyer will ensure that you were treated fairly and within the confines of the law during every moment of your traffic stop. The details of your traffic stop are also important in mounting your defense as certain conditions like lighting, weather, traffic and time of day can have an impact on your ability to perform your field sobriety test.

Be sure to relay where the officer stopped you, how he/she phrased the request to get out of the car, whether the office informed you that you were free to leave and whether the officer said anything inappropriate or unlawful during the procedure. Other important details to share with your Sacramento DUI lawyer include whether you had any passengers in your vehicle at the time of the arrest and whether any other person witnessed the stop or field sobriety test.

Your constitutional rights do not end at the traffic stop. Law enforcement must also respect your rights during the field sobriety test, as well. If the officer threatened you or informed you that you have no choice in whether to perform the sobriety tests, your Sacramento DUI lawyer must know this information. The officer must consider your health, disabilities and ability to understand the instructions at the time of the field sobriety test. To the best of your recollection, you should explain the nature of the tests you endured and where they were performed.

If you are in need of a Sacramento DUI lawyer with the experience and wherewithal to defend you against your recent DUI charges, contact attorney Param S. Pabla today at (916) 285-7900.