If you have been charged with a DWI, you need to be certain that your lawyer evaluates these things before negotiating a deal
There have been a lot of stories in the news about professional athletes and other wealthy people “beating a DWI.” The fact that they were not convicted doesn’t mean that they weren’t guilty, it means that their lawyer was more prepared.
Even if you can’t afford a trial on the DWI charge, there are some facts that your lawyer should know that may help secure you a better deal. This list is not exhaustive, but it is a good start.
1. Was the breathalyzer working properly?
2. Was the breathalyzer calibrated within the 35 days prior to being used?
3. Was the appropriate checklist followed when the breathalyzer was used?
4. Did you have to blow into the breathalyzer more than once?
4. Did you feel that you had any difficulty pulling over or getting out your license or proof of insurance?
5. Do you have any physical conditions or issues that interfered with your performance of any of the standard field sobriety tests?
6. Where were the field sobriety tests given, were the patrol car’s lights lashing in his eyes and what was the weather like?
If your lawyer is not asking these questions, it’s time for a new lawyer.
The information in this article was provided by Lloyd Nolan, a lawyer in Clayton who has been handling DWI cases for clients for more than 25 years. Mr. Nolan may be reached at (314) 725-1880. His website is www.lnolanlaw.com.