In Vermont, drivers who are charged with a DWI risk becoming incarcerated and paying high fines. They could also lose their driver’s license for the rest of their lives. These drivers need a clear defense for these charges. The following is a review of possible defenses used by DWI defense lawyers in Independence, MO.
Mistake of Fact
Officers who arrest a driver suspected of driving while intoxicated must have probable cause to pull over the driver in the first place. The officers must evaluate the driver’s actions and determine if the officer believes that the driver has been driving first. In some cases, medical conditions can cause a presumption of guilt, as these conditions can give the impression that the driver was intoxicated. These conditions include excessively high blood glucose levels.
Differing Test Results
The defendant has the legal right to demand a blood sample be drawn for their attorney. When officers perform chemical testing, they will take a blood sample to determine what substances are in the defendant’s bloodstream. The defendant’s charges can be dismissed if the attorney’s test results and the county’s do not match.
Faulty Breathalyzer Equipment
All law enforcement agencies must acquire maintenance services and testing for all equipment, including breathalyzer tests. The agency must keep a complete record of testing, maintenance, repairs, and replacements. If the agency fails to perform these requirements, the case can be dismissed based on inaccurate readings from a faulty breathalyzer.
The Defense of Necessity
The defense of necessity is used when the driver has no choice but to drive. These circumstances include an emergency where the driver had to drive themselves or others to the hospital. If the driver fears for their life and is trying to flee an attacker, they can also use this defense.
In Vermont, drivers who are facing driving while intoxicated charges need a clear defense. These defenses must be based on the circumstances of the arrest and define just cause for dismissal. Defendants facing these charges can hire DWI defense lawyers in Independence, MO, by contacting Kelly, Reed & Jansen LLC.
