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Do I have a chance of getting my SAN Diego DUI dismissed? Former San Diego Prosecutor explains some issues. How to get the best possible a DUI in San Diego. San Diego DUI Defense Attorney Lawyer

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  4.  » Do I have a chance of getting my SAN Diego DUI dismissed? Former San Diego Prosecutor explains some issues. How to get the best possible a DUI in San Diego. San Diego DUI Defense Attorney Lawyer

Do I have a chance of getting my SAN Diego DUI dismissed? Former San Diego Prosecutor explains some issues. How to get the best possible a DUI in San Diego. San Diego DUI Defense Attorney Lawyer

You went out with friends after work and had a couple of beers. You didn’t feel impaired, so you decided to drive home. To your surprise, you got pulled over on the way and are now contending with a San Diego DUI charge.

This can be a sobering moment. You may be worried about how this mark on your criminal record could impact your employment, education and financial prospects. Is an honest mistake enough to jeopardize your future?  The outcome of your case may not be as cut and dried as you think.  When you have a lot to lose, you want to be proactive to work for the best possible outcome.  Get a former prosecutor on your side.  Contact the Law Offices of Mark Deniz at (858) 751-4384.

One police or machine mistake could turn your case around

Even if you think that all of the evidence is stacked against you, it’s important to understand that California and the National Highway Traffic and Safety Administration has fixed laws and procedures that can work in your favor. An experienced criminal defense attorney like Mark Deniz will examine and scrutinize every detail in your case. A few minor mistakes may help with punishment.  A more material punishment can result in reduced punishment and potentially dismissal.  When you have a lot to lose, you want to be proactive to work for the best possible outcome.  Get a former prosecutor on your side.  Contact the Law Offices of Mark Deniz at (858) 751-4384.

SOME REASONS (AMONGST MANY) THAT CAN CAUSE PROBLEMS FOR THE PROSECUTION

Inadequate reason to stop/arrest you

An officer cannot pull you over or arrest you for no reason. The law states that they need what’s known as “reasonable suspicion” to stop you and “probable cause” to arrest you. These are legal standards of proof that have to meet specific criteria.

In order to stop you, a police officer has to provide evidence that led them to believe there may be a problem. For instance, if they witness you speeding or swerving on the road, this can count as reasonable suspicion.

In order to arrest you, they have to have evidence that reaches a higher standard of proof. For instance, if you smell of alcohol or fail the field sobriety test, the officer can count this as probable cause.

If the officer stops or arrests you and does not include sufficient evidence of reasonable suspicion or probable cause in the police report, your lawyer could file a motion to suppress this evidence in court. In such cases, the prosecution will often dismiss your charges.  When you have a lot to lose, you want to be proactive to work for the best possible outcome.  Get a former prosecutor on your side.  Contact the Law Offices of Mark Deniz at (858) 751-4384.

Unlawful blood draw

According to a U.S. Supreme Court ruling, taking a blood sample from you against your will constitutes a search. An officer either needs your consent or a warrant to do this. This means that, if you do not give your consent, the officer would need to contact a judge and have them issue a warrant for a blood draw before they can take your blood sample. If they do not follow this procedure, your lawyer can work to get your blood test results removed as evidence – by demonstrating that the officer violated your 4th Amendment rights. Without this evidence, your charges will usually be dropped.  When you have a lot to lose, you want to be proactive to work for the best possible outcome.  Get a former prosecutor on your side.  Contact the Law Offices of Mark Deniz at (858) 751-4384.

Unprotected blood sample

In order for your blood sample to be used in court, the evidence needs to be reliable. This means that the officer needs to take certain steps to protect this evidence. Immediately after taking your sample, they need to seal it in an envelope and book it into evidence for testing. If, at any point, the officer fails to maintain the chain of custody of your blood sample, it can throw the integrity of the sample into question. If there is any chance that it was tampered with, your lawyer can file a motion to have it excluded from court – making it likely that your charges will be dismissed.

If you are facing a DUI charge, you should never assume that your case’s outcome is set in stone. There are many tactics an experienced DUI lawyer can draw on to protect your future.  When you have a lot to lose, you want to be proactive to work for the best possible outcome.  Get a former prosecutor on your side.  Contact the Law Offices of Mark Deniz at (858) 751-4384.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384.

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