When would a Lansing prosecutor drop DUI charges?
While it’s exceedingly rare for a prosecutor to drop DUI charges in Lansing, MI, there are situations where the circumstances of the offense weaken their case. This is often thanks to a a good lawyer who knows how to spot the cops’ mistakes and issues that arise during a drunk driving arrest. If you were arrested for DUI and are unsure what your rights are or if the prosecution truly has a fair case against you, it’s crucial to give us a call.. We can take a look at your case and help you build a defense that may result in charges being dropped against you.
Michigan DUI cases dropped due to mistakes made during the stop
Most prosecutors count on DUI defendants not knowing the many complexities of procedure and law when facing charges. While many of these cases are relatively straightforward, if the officers making the arrest didn’t follow guidelines or collect credible evidence correctly, their entire case against you is jeopardized.
Some of the ways we can convince prosecutors to drop DUI charges against you include:
You were stopped illegally
In Michigan, the police must have a legal justification for pulling you over to begin with, and any subsequent evidence found during the stop can’t be used against you if they don’t meet this first requirement. Initially, pulling you over without justification is illegal and may result in dismissal or dropped charges.
You were unlawfully arrested
Just like a traffic stop, you can only be arrested if an officer has probable cause to believe you were driving while drunk or under the influence. Our Lansing DUI attorneys can show the court that your behavior and appearance during the stop didn’t warrant being accused of drunk driving. This can force the prosecution to drop any charges against you or convince the court to dismiss your charges over the prosecutor’s objections.
You were subjected to an improper search
For some DUI cases, the prosecution relies on evidence of alcohol or drugs found in your car to prove your intoxication. To use this evidence, the police have to legally search your vehicle and take evidence to use against you. Failure to do this will make any discovered evidence inadmissible in court.
Your Datamaster test was administered improperly
One of the most significant pieces of evidence that Lansing prosecutors rely on is the results of your Datamster DMT Test, which purportedly calculates your blood alcohol content (BAC). These machines are notoriously faulty and can be easily influenced by common medical conditions like diabetes or acid reflux. And to the extent these tests are trustworthy, they’re only trustworthy if they’re maintained properly. Not long ago, Michigan State Police and prosecutors had a scandal on their hands when they found out that the technicians who were supposed to be servicing these devices were lying about the work they did. And sometimes, police do not follow proper collection methods for blood, urine, or breath testing, meaning the prosecution will have an even harder time proving their case against you.
While clearing your name at trial may sound ideal, many criminal cases rely on alternative options to resolve charges. The circumstances of your case may require your attorney to take a different approach to clear your name or reduce the severity of the allegations you face:
- A motion to suppress or dismiss
- Getting a favorable plea bargain
- Alternatives to jail
- Sobriety court
If the prosecuting attorney refuses to drop your case in these situations, you and your Lansing DUI attorney can go to trial. When a jury sees the facts of your case and the mistakes made, you may be able to receive an acquittal instead.
Facing DUI charges in Lansing, MI? Call Coontz Law today!
The outcome of your DUI case in Lansing, MI, will depend on circumstances surrounding your charges and the ability of your attorney to defend you properly. One of the smartest steps you can take is to speak with the ] DUI attorneys of Coontz Law before answering any questions the police ask. Our audacity and know-how are exactly what you need to build the best defense possible to protect your rights and freedom. Contact our legal office today to set up a consultation to discuss your legal situation further.