A police officer must have probable cause or reasonable suspicion that a crime or traffic violation occurred.Some traffic stops are illegal.An illegal traffic stop equals illegal evidence.Illegally seized evidence can be suppressed and not be introduced at trial.No evidence equals no conviction.Get the picture.So,you need to focus on why the police stopped you.
Was the Arrest Legal ?
A police officer can only make a misdemeanor arrest if it occurs in his presence.There are some exceptions to this general rule of law. An example of this type of case is where a police officer arrests you at your home based upon some tip from another driver. If it is an illegal arrest, the evidence is excluded.
An aggressive motion practice by your attorney is also a key point in your defense.A motion is a legal pleading asking the judge to make a ruling on some issue before trial. One can contest whether the breath alcohol test is admissible under Tennessee law. Are your statements admissible under Miranda ? Were any prior DUI convictions valid ? This is just a few examples of some motions that may be filed in your case.
In certain jurisdictions your DUI case may be plea bargained. A plea bargain is where you can plead guilty to another charge rather than a DUI.However , your lawyer should use the issues that I previously discussed to negotiate from a better position rather .Some jurisdictions in Middle Tennessee will not plea bargain such as Cheatam , Dickson and Humphrey Counties.It is also difficult in Willaimson County which is comprised of the cities of Franklin, Brentwood,Spring Hill, and Fairview.
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