Defense Strategies
The first step in developing a successful defense strategy
to an OWI or other alcohol related prosecution is conducting a careful review of
all of the facts and circumstances of each case. This is accomplished by 1)
thoroughly interviewing the client and any witnesses; 2) personally inspecting
the scene where the initial stop and arrest occurred; and 3) meticulously
examining the prosecution's evidence including any incident report written by
the arresting officer, the videotape or audio recording of the stop and arrest,
and all evidence related to any breath, blood, or urine tests.
Each case is unique and offers a variety of possible
defenses that could result in the criminal charges being reduced or, in some
cases, completely dismissed. For example, under Michigan law a police officer
must have "an articulable and reasonable suspicion" that a vehicle or one of its
occupants is subject to seizure for a violation of law in order to effectuate a
valid traffic stop. If the police officer does not have a valid reason for
stopping a vehicle any subsequent arrest may be illegal.
Similarly, the Department of State Police issues rules
related to the administration of evidential breath tests. Any failure by the
testing officer to follow the rules may result in suppression of the test
results. A successful challenge to the reliability of any blood, breath, or
urine test may also result in a much more favorable disposition of the case that
could include a reduction in the charges to a non-alcohol related offense.
Attorney Edward Duke has over thirty years of experience in representing clients
charged with alcohol related driving offenses. He has the expertise to
thoroughly analyze the facts of your case and develop potentially winning
defense strategies. With Mr. Duke at your side you will have an aggressive and
effective advocate who will defend your rights and significantly increase your
chances of success. Remember, your arrest need not result in your
conviction.
Contact Attorney Ed Duke today to discuss
the details of your case.
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