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Three reasons DUI evidence gets thrown out

Three reasons DUI evidence gets thrown out

| May 18, 2016 | DUI/DWI |

If you have been charged with DUI in Illinois, it may seem like the odds are stacked against you. In fact, police may make it seem like they have an “open and shut” case against you before charges have even been filed.

Rest assured, you are innocent until proven guilty in the eyes of the law.

An experienced defense attorney can protect your rights, applying close scrutiny to all aspects of the case against you, including:

  • The stop: A police officer may not lawfully stop you based on a hunch or a guess. He or she must have reasonable suspicion that you have committed a crime or are about to. If you were stopped for no apparent reason, it may have been an illegal stop and all evidence obtained from the stop may be deemed inadmissible in court.
  • The breath test: The results of breath test machines are often called into question in DUI cases. Was the breath test properly calibrated and administered by qualified personnel? If not, the results may not hold up in court.
  • The field sobriety test: These tests are highly subjective and often fail to take into account factors such as injuries, disability and health problems. Under the right circumstances, it is possible for a perfectly sober person to fail a field sobriety test.

There are many factors that must be carefully examined in a DUI case. It is important to talk to a knowledgeable defense attorney before talking to police and before making any important decisions about your case. The consequences of a DUI conviction are too harsh to simply plead guilty or leave this matter to chance.

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