In Arizona, drivers are prohibited from operating any vehicle while they are intoxicated or under the influence of controlled substances. If they choose to ignore these laws, the driver will be charged with a DUI. However, there are circumstances that could help them dismiss these charges. The details below present these possible defenses available through a DUI defense attorney in Mesa, AZ.
Mistake of Fact
A mistake of fact comes into play when an officer arrests a driver based on their suspicions. According to the law, the officer has the right to stop the driver if the officer believes that the driver is drunk. However, certain conditions must be present to imply intoxication. For example, the driver must commit a moving violation such as speeding or reckless driving. If the driver wasn’t violating the law, the officer might not have probable cause to stop them in the first place.
Faulty Equipment and Erroneous Readings
The law enforcement agency must conduct evaluations for all breathalyzers. They must complete maintenance procedures according to the laws. The agency must also keep complete records of the tests, repairs, and replacements for these machines. If maintenance wasn’t completed, the case could become dismiss if the equipment was faulty.
The Necessity to Drive
There are also several reasons behind necessity to drive. Among them are attempt to get others to emergency care and escaping an attacker. The driver must provide evidence of these circumstances to law enforcement.
Issues with Blood Testing
At the time blood is drawn, the defendant may request an additional sample for their attorney. The attorney takes this sample and has it assessed to determine if the driver was drunk. If both tests don’t produce the same results, the case is often dismissed.
In Arizona, drivers are charged with criminal charges if the drive while intoxicated. However, these cases are dismissed if the driver has the most appropriate defense. These defenses are available according to the circumstances of the driver’s arrest. Drivers who need to discuss their case with a DUI defense attorney in Mesa, AZ contact The law firm of Janet R. Feeley LLC or browse the website for more info.
