Law Office of Ronald A. Cabanayan
Law Office ofRonald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

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408-758-5673

Were mistakes made during your DUI arrest and processing?

When you got pulled over by a police officer, your mind may have flashed to the couple of drinks you had at dinner. You certainly felt well enough to drive and do not believe that you drank enough to become intoxicated. Of course, only the interaction with the officer would tell whether you ended up facing a charge for DUI.

Unfortunately, luck did not swing in your favor, and for whatever reasons, the officer considered you intoxicated. As a result, he or she took you into custody for drinking and driving. For a moment, you may have felt as if your life was over. Fortunately, it is far from over, and you have the right to present a criminal defense against the allegations in hopes of obtaining a favorable outcome.

Review the arrest

One of the biggest steps that could help you with your criminal defense starts with reviewing the traffic stop and the arrest. Just like all people, police officers are not perfect and can make mistakes. In some cases, a mistake made during a traffic stop could play an important role in a defense. Some common mistakes that occur with DUI stops include the following:

  • Not having probable cause to make an arrest
  • Not having reasonable suspicion to make the traffic stop
  • Improperly administering a breath test
  • Acting improperly during field sobriety tests

In the event that any of these or other mistakes took place during your arrest, the possibility exists that the court may consider your arrest invalid and may potentially drop the charge.

Review administrative procedures

While you may have the ability to provide information regarding the arrest itself and look for any mistakes that may have occurred, you may not have the authority to look for errors that may have occurred after your arrest. Luckily, an attorney can review the steps any evidence against you took through processing and determine whether any mistakes occurred during that time that could cause evidence to lose its admissibility in court. Some of those errors could include:

  • Broken chain-of-custody in the transfer of test results
  • Inaccurate and missing information from police reports
  • Miscalibration of breath test machine
  • Lack of certification for test administrators

An attorney may also know where to look in hopes of finding any other slip-ups that could affect your case.

Building your defense

Rather than sit back and think that you have no chance of getting out of a DUI conviction, you may instead want to ready yourself to fight. Exploring your criminal defense options could help you see the light at the end of the tunnel.

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Law Office ofRonald A. Cabanayan

31 N. 2nd Street
Suite 321
San Jose, CA 95113

Phone: 408-758-5673
Fax: 408-409-2547
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