All posts tagged probable cause ticket

The criminal justice system is far from perfect, and every year, innocent people find themselves defending against criminal charges for alleged acts that never occurred. People who are wrongfully charged with a DWI should take action quickly in order to adequately defend against the accusations. After a case is dismissed, there are further steps those who have been wrongfully arrested and accused of a DWI may take in order to be vindicated, as well as to remove any notation of the arrest from their permanent criminal record.

Challenging Probable Cause

According to the protections afforded by the federal and Texas state constitutions, officers must have probable cause to believe a person has committed an offense prior to arresting them. For DWIs, probable cause can be obtained through roadside sobriety testing, preliminary breath tests, bad driving, a smell of alcohol and bloodshot eyes. By filing a probable cause motion, it is possible to challenge the arrest and get the case dismissed if probable cause is lacking.

Independent Testing and Review

In some cases, a blood sample is taken and sent to a laboratory. Blood analysis is dependent on the analyst’s ability to interpret the data. If a blood alcohol concentration is obtained that indicates a driver had a blood alcohol concentration above .08%, the driver should request retesting by an independent lab.

Breathalyzer machine operators may have conducted breathalyzer testing in an inappropriate manner, rendering the results obtained unreliable. A careful review of breathalyzer results, calibration logs and the expiration date of the solution used can prove fruitful. If you would like to pursue this option, contact a DWI defense attorney.

Filing a False Arrest Lawsuit

In the event that an officer charged a person with DWI when he or she lacked probable cause to do so, the person may consider filing a false arrest lawsuit against the errant officer. According to FindLaw.com, such a lawsuit is possible through Section 1983 of the Civil Rights Act as a civil rights violation.

Expunction

After a case has been dismissed or a person has been found not guilty, they are eligible for expunction of the offense and arrest from their record. Expunction will remove any notation of the arrest or the charge, effectively clearing the person from future harm.

It can be terrifying to be accused of a DWI when a person knows they are innocent. By being proactive and actively defending against the charges from the start, people may be able to protect both themselves and receive vindication for the wrongs they have experienced.