Too often, drivers accused of drunk driving feel that they are convicted of a crime before they even appear in court. They blew a blood alcohol concentration (BAC) number that was over the limit and they might as well accept their punishment. A recent—and bizarre—story from North Carolina, however, illustrates just how important fighting a DUI charge can be.
As The News & Observer reports, Deputy Robert Davis of the Wake Sheriff's Department DWI Task Force was found to have lied on the stand on three separate occasions when testifying against drunk driving suspects. Not only was he dismissed from court and fired, but a judge then dismissed more than 100 drunk driving cases that Davis was involved with.
Here's an example of the sheriff's shenanigans: in 2014, Davis transported a woman he suspected of drunk driving to a local fire station where breath test machines were set up. According to state law, the woman had a right to refuse the test (under penalty), call for advice, or request a witness. When she asked about the test, Davis filed that she was refused to take it all. She also never received the witness she asked for even when she still had the opportunity to do so.
A Sensitive Enforcement Process
The mass dismissal of drunk driving cases in this North Carolina story illustrates a point that many accused of drunk driving never consider: that there may be more to their case than just their breathalyzer results. Just a few of the factors that could vacate a DUI charge include:
- Probable cause issues
- Police misconduct
- Witness testimony
- Breathalyzer calibration
- The timeline of incident
At Hutton & Wilson, our Los Angeles DUI defense attorneys know what elements to look for in a DUI case that could invalidate the allegations against our clients. Our team has handled more than 700 DUI and criminal cases and, each time ensured that the accused receives the consideration they deserve both in and outside the courtroom.
Pleading guilty may not be your only option. Learn more by requesting a free case evaluation with our legal advocates today.
