Why You Need a Strong Defense Team
The criminal defense San Diego law firm of ErtzLaw Group has a proven track record of successfully representing their clients by:
• Having the charges reduced from a felony to a misdemeanor offense
• Obtaining probation with work furlough in lieu of jail time
• Getting the judge to recall a warrant and perform community service instead of serving time in jail
• Having a warrant recalled and the client was permitted to re-enroll in the Domestic Violence Recovery Program
• Getting DUI charges reduced to a charge of drunk in public
• Successfully getting federal charges dismissed against a member of the military
When you have been arrested for committing a crime, it is imperative to have a strong and experienced San Diego criminal defense attorney on your side. A criminal lawyer in San Diego is knowledgeable about how the criminal justice system works and they will do everything possible to make sure the charges against you are reduced or dismissed altogether.
Challenging Evidence in DUI Cases
Our San Diego criminal defense lawyers have been successful in defending clients by challenging the blood alcohol readings. A Breathalyzer error can occur for the following reasons:
• Improper Calibration—The machine settings must be calibrated properly on a routine basis. Most portable machines must be calibrated at least every six months. The higher end Breathalyzer machines must also be calibrated, but on a less frequent basis.
• Hematocrit Reading—Some machines assume that the person’s hematocrit level in their blood is 47 percent even though hematocrit values can range from 42 to 52 percent in men and from 37 to 47 percent in women. An individual with a lower percentage may end up with a falsely high reading.
• Gastrointestinal Reflux—Acid reflux disease can cause natural alcohols to build up in the stomach. People who suffer from this condition burp up alcohol into the mouth resulting in a false reading.
• Diabetics—Anyone who suffers from diabetes often have high acetone level in their system. Acetone is one of the substances that can be mistakenly identified as ethyl alcohol by some machines.
• Absorption Rate—The absorption rate of alcohol can continue for a certain period of time after the person has stopped drinking and the BAC level may have increased since the person was actually driving.
• Chemicals—People who regularly work with certain types of products, such as paint thinner, gasoline and cleaning fluids often register a false positive reading.
These are just some of the ways the attorneys at ErtzLaw group will challenge the DUI evidence against you.
Before Your Case Goes to Trial
Both the criminal defense attorney and prosecutor can make pre-trial motions. Each side can present arguments before the judge regarding what evidence should or should not be admissible in court. The criminal defense team can make the following pre-trial motions on your behalf:
• Suppression of Evidence—The defense can argue that certain pieces of evidence should be suppressed because they were obtained when officers conducted an illegal search or seizure. Evidence of a prejudicial nature can be excluded if it would unfairly sway the jury, such as past criminal convictions.
• Motion to Exclude Witnesses—The defense may request that a witness be excluded from testifying because their testimony is not relevant to the case or they are suffering from some type of dementia or mental illness.
• Exclude the Defendant’s Statements—Law enforcement officers are required to inform the defendant of their Miranda rights if the suspect is in police custody. If the officers violated the defendant’s rights during questioning, statements made by the defendant may be ruled inadmissible in court.
When preparing a case for trial, the defense team will hire professional investigators to uncover any evidence that can exonerate you of the crime.
When to Hire a San Diego Criminal Defense Lawyer
California is one of the worst states in which you could face a felony conviction. A San Diego criminal lawyer may be able to persuade a judge to reduce the charges or dismiss the charges altogether for lack of evidence. When you are facing serious criminal charges, hiring an experienced criminal defense lawyer San Diego is extremely important.