Legal Question in DUI Law in Michigan

what errors does a officer have to make in a dui arrest 2 get it dismissed

Asked on 10/23/13, 6:26 am

2 Answers from Attorneys

Edward Sternisha Law Office of Edward J. Sternisha, PLLC

This is not a question that can be easily answered with the information you supplied. Every case is different and the facts of the case will be important. This is also something you cannot just do alone. Only an attorney will be able to properly review the case to determine if you have a defense worth pursuing. OWI cases are complicated and considered very serious so you should contact a criminal defense attorney who handles a lot of OWI cases. I have a certain case right now where the officer made a mistake that I think may actually be enough to get the case dismissed, however, most cases do not go that way. One week from today there will be a hearing to decide if I am correct.

Find an attorney and have them review your entire case so you can get a better answer. You may have to pay for the work, but in the long run, it will be worth it. I wish you luck!

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Answered on 10/23/13, 6:48 am

Jared Austin Austin Legal Services, PLC

There are a lot of variables that go into this type of question. For example, it is always best to first look at the reason for the stop in to see if the police officer had reasonable suspicion for pulling the car over. There are also issues such as whether or not the field sobriety tests were administered correctly. There can also be issued with the chemical test machine that is used to determine the BAC level such as maintenance or calibration issues, lack of propet certification by the officer administrating it, violation of the 15 minute observation rule, the officer not reading you your chemical test rights. There are a lot of things that can and do often go wrong in an OWI case that can get the charges reduced or dismissed. Always hire a lawyer to thoroughly review the case against you.

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Answered on 10/23/13, 8:03 am

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