One of the most frequently asked questions, when a person is charged with a DUI offense, is how can their charges be adequately defended. My name is Steve Neighbors and I've practiced law in Kansas for 30 years. Instead of practicing in many different areas, as criminal law firms commonly do, I focus strictly on DUI defense.
Using a general practice lawyer or one who does concentrate on DUI law, leaves you open to convictions and penalties that an experienced Overland Park DUI attorney may have prevented.
In order to be successful, a DUI defense must be aggressively pursued along several avenues. One is the legality of how you were stopped and arrested in the first place. The other is the tests you were given to allegedly prove you driving while under the influence. DUI cases can frequently be attacked on either or both of these areas.
The police must have a valid reason as to why they suspected you were driving while under the influence of drugs or alcohol and they must be able to give a reasonable explanation regarding why you were stopped. Without this protection, law enforcement could stop anyone they wanted, without having a plausible reason for it. If you were stopped and there was no "probable cause," this can be forcefully challenged in court. The end result can be that the evidence gathered against you was illegally obtained, making it inadmissible in a court of law. Without evidence, there is no case.
The reliability of breath tests is very much in question. If the machine is not maintained correctly or calibrated properly the results can be off. Errors during the process of obtaining, preserving and testing blood samples can render these tests invalid. The field sobriety tests are very subjective and can be administered incorrectly, casting serious doubts as to their accuracy.
A favorable outcome can be produced in many DUI cases, when your attorney thoroughly understands DUI law and is willing to fight hard for your rights.