If you have recently been arrested for driving under the influence, or DUI, in Cass County in Nebraska you are likely concerned about the outcome of your case. Knowing the serious judicial and non-judicial consequences of a DUI conviction you may even feel as though the deck is stacked against you so to speak. What you don’t know, however, in this case, can hurt you. Consider the following four important things that the prosecutor doesn’t want you to know in your Cass County DUI case.
- The Breathalyzer results are inaccurate. Most people assume that the results of a Breathalyzer test are completely accurate. Why would they use it if it isn’t 100 percent accurate right? The truth is, however, that the basic principal on which the test operates is flawed and can produce results far from the actual amount of alcohol in your breath – and that is assuming the machine is properly calibrated and the test administered correctly. If you add in an improperly calibrated machine or a test operator that doesn’t know how to administer the test the results can be completely erroneous.
- The officer may not have had a valid reason to pull you over in the first place. The officer who stopped you must have had a valid, legal reason for the stop. Often, there was no valid reason. You have a right to challenge the officer’s reasoning in a pre-trial motion to suppress. If the officer is unable to convince a judge that he or she had a valid reason to stop you then any evidence obtained as a result of that stop, including chemical test results, cannot be admitted at trial, effectively resulting in the dismissal of your case.
- The arresting officer won’t remember arresting you. The average patrol officer stops numerous vehicles every week and makes several driving under the influence arrests. By the time your case makes it to trial – often months down the road – the arresting officer will frequently be unable to remember specific facts about the stop and arrest. This can work to your advantage if your attorney challenges aspects of the stop and subsequent arrest because the officer may not be able to credibly refute your version of events.
- The arresting officer may have administered the tests improperly. You were likely required to perform a series off “field sobriety tests”, or FSTs, during your stop. Standardized FSTs, meaning those that have been accepted by the National Highway Traffic Safety Administration, are actually somewhat accurate when administered properly and the results judged objectively. More arrests occur, however, when they are not administered properly and/or when the results are judged subjectively by the officer administering the test. Your attorney has the right to quiz the arresting officer on proper FST procedures using the officer’s own training manual during cross-examination. All too often the officer is unable to answer even the most basic questions about proper procedure and reading of test results, pointing out the obvious inaccuracy of the alleged negative results.
Any one of these important pieces of information could be the key to winning your Cass County DUI case. Taken together, they provide your DUI attorney with a significant amount of ammunition with which to defend you. If you have been arrested for a Cass County DUI, don’t let the prosecution intimidate you. Consult with an experienced Cass County DUI attorney as soon as possible. For a free case evaluation, contact Peterson Law Office 24 hours a day at 402-513-2180.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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