Delaware County Drunk Driving Defenses
Delaware County Drunk Driving Lawyer
Administrative Errors - Delaware County Drunk Driving Defense
Although government officials have undergone extensive training in the administration of the the Field of Sobriety Test, the One Leg Stand Test, Urine and Blood Tests, Breathalyzer Test, Horizontal Gaze Nystagmus, and the Walk and Turn Test, they are still human beings like all of us that can make mistakes. The Law Offices have successfully defended clients proving that the administrators of these tests are unqualified to perform these tests in the manner required to produce trustworthy results.
Mechanical/ Machine Errors- Delaware County Drunk Driving Defense
In addition to the correct administration of these complex measurement devices, the devices themselves also need to be working properly to be held to the necessary regard of the court system. More specifically, breathalyzer machines require routine maintenance and calibration in order to consistently deliver correct results. Our Law firm has the expertise to subpoena the records of maintained and calibration in order to make certain that your rights are being upheld.
Probable Cause - Delaware County Drunk Driving Defense
The fourth amendment protects each and every citizen of unreasonable search and seizure. In order for an officer to arrest an individual for an OVI, the officer must be able to prove that a “reasonable person” would believe that the individual in question is under the influence of drugs and/or alcohol. This threshold of probable cause is most often met by means of the various tests discussed above. Often times, individual can question an officer’s interpretation of the facts at hand that lead him/her to believe probable cause was deemed.
"The right of the 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 searched." - 4th Amendment
Breach of Rights- Delaware County Drunk Driving Defense
You have rights that need to be respected and upheld to the highest degree in all circumstances. Our offices have found many situations where our clients right's have been breached. Having ones rights breached during in regard to OVI related charges is no joke and we believe that a strong defense is absolutely required to support your rights.
Consistency - Delaware County Drunk Driving Defense
In order for the state to charge an individual with an OVI they must believe with certainty that the criminal act being charged took place. Often times, officials and evidence are inconsistent and do not paint an entirely clear picture. As with all criminal proceedings, the weight of the conviction falls on the state. At The Law Offices of Eric J. Hoffman, we will do all that we can to analyze your case and determine if inconsistencies are present.