Defenses to your DWI case
Each DWI case has its own unique set of facts which will determine which defenses can be used and even how to proceed with a defense. A DWI conviction has many elements that can be challenged in court. For example, an officer must follow a very strict process in order to collect evidence to use against you. The reliability of that evidence can be questioned as well as the probable cause that the police officer believed he had to stop you. Also, proper functioning of the Alcotest® 7110 is important. If the testing officer moved the breathing tube too quickly, did not replace the tip, or he failed to obtain a proper breathe sample, a possible defense can be used. In addition to the functioning of the machine, the testing officer must observe you for a period of 20 minutes before allowing you to breathe into the machine to make sure nothing is done to alter or skew the results. Failure to do so may result in your case being dismissed. Again, each DWI case is different and the defense used will depend on your individual set of facts.
To determine which defenses may be available to you in your DWI, DUI, or refusal case, contact experienced DWI defense attorney Carmine R. Villani, Esq. for a free initial consultation.
Filed under: DWI Defenses
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