An experienced DWI lawyer could go about building a Plano third-offense DWI charges by looking at all the facts of the case and drawing clear discrepancies between a police report and video evidence. If you are facing charges for a third DWI in ten years, be sure to reach out to a criminal defense attorney for help.
A lawyer could first determine if there was a legal stop. Is there video evidence showing a traffic or equipment violation? The validity of the stop can be challenged and, if found to be illegal, any evidence obtained during the illegal stop will be barred. In essence, if the stop is determined to be illegal, the case will likely be dismissed and the person cannot be prosecuted.
It is common for dashboard and body camera videos to contradict the written reports of officers, and their sworn testimony at the driver license hearing. When the officer makes contact with the driver, does his report accurately reflect what takes place? Does the officer accurately describe the person’s eyes, demeanor, facial expressions, and speech pattern?
An experienced lawyer will likely pay attention to details from the beginning. No matter how bad a case may look, one always has to ensure the stop and subsequent detention were legal.
When the officer asks the person to get out of the car, an attorney may look for how the person responds to that request. Did they immediately comply or was there some sort of delay? If there was a delay, is there a valid reason for it? Did the officer have to repeat his request or even try and assist the person out of the car. Once the person complies, one should pay attention to any difficulty in exiting the car. Did they have problems opening the door or getting out? Did they use the car for support in walking to the rear?
The officer is paying attention to all this and will notate any difficulty. The lawyer should do the same, notating everything the person is doing that is normal.
An attorney may also pay very close attention to how the officer instructs, administers, and grades the sobriety tests. Does the officer completely and accurately give the instruction for all tests? Were any of the instructions left out or improperly given? Improper instructions can have a negative effect on a defendant’s performance.
Is the officer demonstrating the tests correctly and do the verbal instructions match their demonstration? Proper instructions but errors in their demonstration could also have a negative effect. Very often, reports indicate that clues indicating intoxication were seen on sobriety tests only to have the video contradict the officers report and sworn testimony.
Building a Plano third-offense DWI defense could be difficult for a layperson without judicial experience. If you are facing the increased penalties and intense prosecution typical of a third DWI charge, you need an experienced legal advocate on your side. Reach out to a lawyer as soon as possible.