Finding a reliable lawyer to work with who can represent your company no matter what kind of legal issues it faces in the coming years can be ovrewhelming, especially if you aren't sure what kinds of legal support you may need as your business grows. This blog outlines a variety of legal issues to consider while building your company, so you now what kind of legal representation to keep on hand at all times. You can also expect to learn how to go about finding the right lawyer to work with in any unique situation that you might find yourself in.
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Finding the Right Legal Representation for Your Company
Three Ways To Fight An OVI Charge And Avoid Serving Jail Time
Tracy Roberts
Have you been arrested for operating a vehicle while impaired by alcohol? Getting an OVI charge can be stressful and overwhelming. Whether you are innocent or are facing unfairly harsh penalties for driving while impaired, you have the right to defend yourself. You can take steps to fight the OVI charge and avoid serving jail time. Below are three ways to challenge an OVI charge and avoid a conviction.
Argue for the Violation of Your Rights
Police officers must follow strict guidelines to ensure they don't violate a driver's constitutional rights during a traffic stop. Below are the essential guidelines police must follow before arresting a driver for driving while impaired.
- Have a probable cause for pulling you over, for example, speeding or reckless driving
- Observe the driver's behavior
- Administer field sobriety tests and a breathalyzer test
- Read the driver's Miranda rights before questioning them
- Arrest the driver
If the police officer didn't follow these guidelines, you can challenge the traffic stop and get the charges thrown out. For example, if the police officer stops you without probable cause, they cannot arrest you for impaired driving. If the police officer questions you without reading your Miranda rights, you can challenge the arrest in court.
Challenge the Field Sobriety Tests
The police administer field sobriety tests (FSTs), such as the one-leg stand and the walk-and-turn, to determine the driver's level of impairment. However, these tests are subjective, and various factors can affect the results. For example, a driver with physical limitations, such as joint pain, arthritis, or a balance disorder, may have difficulty performing the test.
Anxiety and nervousness can also impact one's performance. Other factors like fatigue, the use of medication, and poor ground conditions can affect the results of a field sobriety test. Therefore, if you fail the test, you can use these issues to challenge the validity of the results. However, if you argue that physical disorders or the use of medication impacted your performance, you need to provide solid proof to support your case.
Dispute the Breathalyzer Test Results
Like field sobriety tests, breathalyzer tests aren't always accurate. Breathalyzer tests measure the driver's blood alcohol content (BAC). If the BAC exceeds your state's minimum, you are charged with OVI. However, the results can be influenced by medication, medical conditions, and poor calibration of the breathalyzer equipment. Improper administration of the test can also alter the results. Therefore, you can easily challenge the recorded BAC levels and get a reduced sentence.
If you win one or more of the above issues, you can get your OVI charge dropped or your sentence reduced. Hire an experienced OVI defense attorney to build a strong defense for your case and fight for a favorable ruling.
Consult an OVI defense attorney to learn more.
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