Attacking the Evidence in a Criminal Case

Posted on in Criminal Law

attacking the evidence, criminal case, DUI arrest, DUI patrol, Illinois DUI defense attorney, your legal rightsPolice officers are trained to look for several "signs" of intoxication when they first come into personal contact with a DUI suspect. Often, and especially if a defendant refused to submit to a chemical test, a prosecutor may rely on these "signs" to help prove that a driver was intoxicated. However, an experienced DUI defense attorney can refute some or all of these signs, giving a DUI suspect a much better chance to either beat a case or negotiate a more favorable plea agreement.

Traffic Violation

Speeding, running a stop sign or stop light, and making an unsafe lane change are some of the more common traffic violations that may lead to a stop. But there are plenty of factors, other than alcohol, that cause people to speed and run stop signs. Many times, an officer has actually profiled a defendant based on time of day and location. In other situations, the officers may have been working a special DUI patrol, so they had a direct incentive to locate DUI suspects.

Bloodshot Eyes

Officers may testify that a defendant had bloodshot eyes, as alcohol does cause this problem. But, so do several other common issues, including:

  • Dryness,
  • Contact lenses,
  • Allergies,
  • Eye injury, and
  • Computer Vision Syndrome.

Other less common causes include a corneal ulcer, ocular herpes, cold and flu, uveitis, pregnancy, smoking, fatigue and swimming. An officer almost always asks a suspect "Have you been drinking?" But, he hardly ever asks "Do you have ocular herpes?"

Odor of Alcohol

Once it is consumed, alcohol has a very distinctive smell. But the aroma alone does not prove that a driver is intoxicated. At best, it only establishes that a person had been drinking recently.

It may seem very subtle, but there is a tremendous difference between an odor of alcohol coming from a driver, and a smell that emanates from a vehicle, especially when there is more than one person in a car. In the latter instance, the smell only proves that someone in the car had been drinking.

Poor Coordination

An officer may testify that a driver fumbled for a drivers’ license or other requested document. But when an officer glares into a car window and says "license and registration please," most people get nervous. It does not mean they are intoxicated. It just means they are human.

Contact a DUI Defense Attorney

If you were recently charged with a DUI, contact  Scott F. Anderson, an aggressive DuPage County DUI defense attorney, who can pick apart the state’s case. As a former first chair felony prosecutor, Mr. Anderson will fight for your rights and defend your case. Call today to schedule your free initial consultation.