When it comes to fighting and winning a DUI case in Atlanta, Georgia- you really do have a variety of options. You can check out absolutely-not-guilty.com for more information. Following are 5 smart ways that you can easily win your DUI in Atlanta.
- The stop must be valid. Before the DUI can be used against you, the police must have legally stopped you before they gathered any other evidence. They must be able to prove that they had a reasonable suspicion that a crime was in progress or about to be committed. In the case of a roadblock, the officers must be able to prove that it was done in a legal manner, according to Georgia state law.
- There must be probably cause for your DUI arrest. In order for the DUI arrest to be valid, the police officer must be able to prove that he had the evidence necessary to arrest you. This means that the officer must have observed physical evidence such as slurred speech or bloodshot eyes and you failed or performed badly on the field sobriety testing.
- The field sobriety testing must have been administered correctly. Officers are specially trained in how to administer and evaluate field sobriety tests, referred to as FST’s. The three standard tests are: Walk & Turn, Horizontal Gaze Nystagmus, and the One Leg Stand. In court, the officer will want to state that based upon his/her experience and training, you were driving under the influence. However, if you can prove to the judge that the officer did not administer the FST’s correctly, you will be able to decrease his credibility.
- The officer’s observation of physical condition and FST’s must be consistent with impairment. If an officer reports the suspect is staggering, slurring his/her speech, and fails the FST’s- and they blow a .08 on the breathalyzer test- something is not right. Either the officer is not telling the truth, he/she has not been trained properly, or the breathalyzer is not accurate.
- The chemical test for DUI in Georgia was not done properly. There is a test, known as the “state test” that the police officer should legally conduct of urine, blood, or breath. First of all, he/she must start by reading you the notice of “implied consent” when you are first arrested. Then, the test must be done by an individual that holds a valid permit to do so. In addition, the machine must be in working order and the way it is conducted must be according to the rules that have been set in place by the GA Bureau of Investigation.
Therefore, when you are charged with a DUI, your attorney must file motions to force the state to prove the above statements. This is because unless you push the issue and get a ruling from a judge, you can’t be sure of the evidence they plan to use against you and you can’t really make a decision about whether to fight it or enter a plea.
Of course, you always have the right to request a jury trial. This is where six individuals will sit in and the state will have to prove that you are guilty beyond all reasonable doubt. All 6 of them must be in agreement.