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Cantafio Hammond
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Facing DUI Charges? There Is Hope.

Every DUI case involves a unique set of circumstances. There are, however, common issues that often affect the outcome of a case and that a defense attorney will closely examine to devise a strong defense strategy.

To improve the chances of procuring a successful outcome in your DUI case, it's important to be forthcoming and honest with your attorney about yourself, your circumstances and what happened during a traffic stop.

The following are five questions that you should be prepared to discuss with your defense attorney.

1) Why were you stopped? - Legally, a police officer must be able to prove that he or she had reasonable suspicion to believe that you were breaking the law. Driving too slowly, braking frequently and crossing the center line are all examples of driving behaviors that may constitute reasonable suspicion. If an officer fails to prove that a traffic stop was warranted, DUI charges may be dismissed.

2) What were you asked and what did you say? - If a police officer believes that you are driving under the influence of alcohol or drugs, he or she will ask if you've been drinking or if you took any drugs. Your answers to these questions can impact the outcome of your case.

3) Were you suffering from an illness or injury? - Were you feeling ill? Do you suffer from an anxiety disorder? Were you recovering from an injury or do you have a physical disability? Behaviors exhibited during a traffic stop can be misinterpreted and, when warranted, should be explained in court.

4) Were you asked to complete a standardized field sobriety test? - The test consists of three parts: the horizontal gaze nystagmus, the walk and turn, and the one-leg stand. Officers frequently use this test, endorsed by the National Highway Traffic Safety Administration, to help determine if a driver is impaired and to establish probable cause. The results of the test, however, can be and often are challenged.

5) Did you submit to a Breathalyzer? - Breathalyzer test results can be challenged for many reasons. For example, was a police officer properly trained to administer the test? Was the Breathalyzer instrument stored and/or calibrated correctly?

If you are facing drunk driving charges, it's important to know that DUI and DWAI charges can be successfully defended. By contacting an attorney early in the process, you can help improve your chances of having criminal charges dismissed or reduced.

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