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(USGovernment-News.Com, March 26, 2013 ) San Mateo, CA -- If evidence in DUI cases is unlawfully collected, dismissal of the case is possible. Because citizens of the United States are protected against unreasonable seizure and search by the Fourth Amendment of the Constitution, the court must examine the circumstances under which blood or breath samples have been taken and decide whether the police officer that stopped the person for DUI had enough probable cause to do so. If the court decides that the collection of the evidence has been unreasonable, the case can be dismissed, because of insufficient evidence. The San Mateo DUI attorney at Nor Cal Lawyer, suggests that future DUI prosecutions might experience a significant change if forced blood draws are considered illegal.
DUI (driving under the influence of drugs) is one of the most common reasons of arrest in San Mateo and Redwood City. Every day, people are being arrested for DUI, and many of these arrests can lead to significant penalties, including fines and time in prison.
Without the help of a San Mateo criminal defense attorney specialized in DUI cases, drivers arrested for DUI can receive higher penalties than deserved or even be charged despite lack of evidence. This is why being represented by an experienced San Mateo DUI lawyer becomes extremely important. There are many aspects of the arrest that must be established and investigated before deciding on the penalty, and an experienced lawyer can help his clients receive smaller penalties or even have the case dismissed.
First of all, DUI cases do not involve only driving under the influence of alcohol, how most people consider, but also driving under the influence of drugs. Sometimes, a person could be arrested for DUI because she or he has taken a prescription medication or has a health condition whose symptoms resemble the effects of drugs. A DUI lawyer must investigate this aspect thoroughly in order to determine the degree of guilt of his client. Furthermore, many DUI arrests are made despite insufficient evidence, ambiguity concerning the circumstance of the offence and the legality of evidence collection and manner in which it has been stored.
In most DUI arrests, drivers are forced to offer a breath or blood sample, and this aspect could convince the court to dismiss the evidence, and, consequently, the case, because of insufficient evidence. A good San Mateo criminal lawyer can help his client prove that the arrest has been illegal and the evidence is insufficient. Even when evidence exists, lawyers can help their clients negotiate a more favorable resolution, and lighter penalties. Because abuses made by police officers when arresting drivers for DUI are frequent, citizens involved in DUI cases should talk to a criminal defense attorney who will defend their rights in court and prove their innocence.
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