subject: There Are Lots Of Defenses To DUI In PA, And You Can Beat The Charges! [print this page] There Are Lots Of Defenses To DUI In PA, And You Can Beat The Charges!
If you've been arrested for driving under the influence in Pennsylvania, you might see your life flashing in front of your eyes. Will you go to jail?
For how long? Will you have to be put on probation? Again, for how long? But first, relax it might not even get to that point. There are many ways to beat DUI charges in PA, and when you're innocent, you might already know what yours is! But if you don't, or you're unsure, here are some of the most common defenses to DUI in Pennsylvania.
Illegal stop of vehicle. A vehicle cannot be stopped in Pennsylvania unless the driver has shown signs of intoxication or has broken another traffic law.
Wrongful stop for weaving. If you weave inside the lines in Pennsylvania, without going over the lines, you have not broken any law.
Anonymous reports of a drunk driver. Anonymous phone calls are simply not reason enough to stop a car for drunk driving.
Standard field sobriety tests do not work because they are a standardized physical test meant to test people of all different physical conditions and ability. Not only should you refuse one if asked, but these can also be used to beat DUI charges in PA.
Many booking rooms in Pennsylvania police stations are video monitored and can show the suspect speaking clearly and acting calmly and rationally, and can greatly counter the arresting officer's testimony.
If you are not given a speedy trial, which in Pennsylvania is outlined as being twelve months, after pleading not guilty to the DUI charges, you can beat them!
If the police have taken blood samples to get your blood alcohol level and have not followed proper procedure, this can be a defense to DUI in PA.
Breathalyzer machines are not only greatly inaccurate when they're working properly, but they can also malfunction and break down. If the machine that you blew into was damaged or not working properly, this can work as a defense in your DUI.
If you were not read the Miranda Warning as you were being arrested, this can be a defense to DUI that can and will, get you completely clear of your DUI charges.
Bad weather can also be a defense to DUI in PA. Because Pennsylvania receives all of the harshest elements of nature such as rain, wind and snow, these can be used to explain a driver's behavior.
