The following are a few of the many defenses that The Law Office of Thomas Wilson can use in the fight
to attempt to get your case dismissed.
Federal Constitutional Issues to be Challenged
& Rights to be Enforced
- 4th Amendment: Reasonable Suspicion, Probable Cause
- 5th Amendment: Due Process; Double Jeopardy
- 6th Amendment: Speedy Trial, Right to Counsel, Due Process
- 14th Amendment: Due Process
- Law Enforcement
Procedures: Identify and challenge failures of police to follow their own rules
- Rules of Criminal Procedure: Identify and challenge failures of prosecutors to follow state
law
MOTIONS TO DISMISS AND/OR SUPPRESS
The
following is a list of motions that may be filed in your case, depending on the facts of your case:
- Illegal Search & Seizure: The Fourth Amendment
provides for the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the persons or things to be seized.
- Improper Use of Medical Blood Draw: A medical blood draw, a draw without consent for medical
purposes, for which the police then obtain a sample, can only be done in limited circumstances.
- Faulty Chain of Custody: The Police must account for the blood sample
at all times. If there is a gap in the chain of custody, suppression of evidence may be warranted.
- Lack of Reasonable Suspicion (Illegal Stop of a Vehicle): A
driver cannot be stopped unless there is a reasonable and articulate basis to believe that a traffic law or other law has
been violated.
- Lack of Probable Cause to Arrest
(Illegal Arrest of an Individual): An officer must have specific, articulable facts to support a DUI arrest. These facts
must withstand a legal challenge before a judge.
- Violation of
Due Process Rights: 'Due Process' is the principle that the government must respect all of the legal rights
that are owed to a person. 'Procedural Due Process' includes an individual's right to be adequately notified of charges or
proceedings, the opportunity to be heard at these proceedings, and that the person or panel making the final decision over
the proceedings be impartial in regards to the matter before them. Violation of these rights may be grounds for dismissal.
- Violation of Right to Counsel: Arizona statute law provides that one
is allowed to speak to an attorney before a chemical test is done as long as it does not unnecessarily delay the investigation.
- Blood Alcohol Level Taken Outside of 2 Hour Limit: The State
must prove the BAC was taken within two hours of driving.
- Search
Warrant Used Unreasonable Force
- Search Warrant Vague
& Ambiguous
- Anonymous Reports of Bad Driving: Improper
Use of Unreliable Information. Anonymous reports must be reliable, and usually have to be corroborated with evidence
that the officer observes as well.
- Improper
Administration of Breath Test & Other Field Sobriety Tests: This defense concerns all issues related to
improper use and admissibility; Field Sobriety Tests must be done in a prescribed manner under certain prescribed conditions
in order to be valid.
- Lack of Actual Physical Control of
Vehicle: In order to be convicted of a DUI, the State must prove that you were driving or in actual physical
control of a vehicle.
- Violation of Miranda Rights:
If Miranda rights were violated, incriminating statements may be suppressed.
- Challenge
Allegation of Prior Convictions
- Failure to Provide a Speedy Trial:
You have a right to s speedy trial, thus, the prosecutor cannot delay a case beyond a certain time frame or
the case can be dismissed.
OTHER DEFENSE PLANS
NOTICE OF APPEARANCE/ ARRAIGNMENT
When the Notice of
Appearance is filed in your case, the Judge and Prosecutor are informed that The Law Office of Thomas Wilson will be
representing you.
RULE 15 DISCLOSURE STATEMENT
This
document informs the court and the prosecutor of the defenses to be utilized, the exhibits to be introduced in court, and
the witnesses that may be called to testify.
REQUEST TO PRODUCE
This is a demand for evidence that is within the control of the prosecutor and police. If the demand is not honored,
then evidence may be suppressed or your case may be dismissed.
REQUEST
FOR INTERVIEWS
If deemed necessary, all witnesses will be interviewed. The interview will be recorded. If the
interviewee (usually a police officer) changes his story later, then the transcript can be used to impeach that person.
POTENTIAL TRIAL THEORIES
Causation: If impairment even existed at all, then the
State cannot prove beyond a reasonable doubt that it was caused by alcohol consumption.
Best Evidence: No
one should be convicted of a serious offense like DUI unless the State produces the best possible evidence. The best evidence
includes a video of the driving and field sobriety tests, an audio tape of the investigation, and a blood test.
Beyond a Reasonable Doubt: The state must prove each element of each
offense “beyond a reasonable doubt.” If we can raise doubt in any area, the law states that you are entitled
to an acquittal.
White’s Analysis: The blood
alcohol level at the time of the breath or blood test was not the true blood alcohol level at the time of driving.
