Ramsell & Associates, LLC has used each and every one of the below items to successfully defend clients against DUI charges over the past 19 years:
ILLEGAL STOP OF PERSON OR VEHICLE a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
WEAVING INSIDE THE LANES IS NOT ILLEGAL weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
ANONYMOUS REPORT OF DRUNK DRIVING -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
STANDARD FIELD SOBRIETY TESTING IS INACCURATE in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
NON-STANDARDIZED FIELD TESTS ARE INVALID neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
BREATH TESTING IS INACCURATE virtually all experts concede that one breath test alone is unreliable. The Illinois Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Illinois is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc.
BOOKING ROOM VIDEOS Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
IN-SQUAD VIDEOS more and more often, the suspects driving and performance on field tests is being recorded; often contradicting police testimony.
FAILURE TO PROVIDE SPEEDY TRIAL If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed.
POLICE BLOOD TEST INACCURATE Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
HOSPITAL BLOOD TEST INACCURATE Hospital blood tests overestimate a persons true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
BREATH TEST OPERATOR UNLICENSED An Illinois Breath Test Operator must possess a valid, unexpired operators license, or the breath test result is inadmissible.
BREATHALYZER MACHINE MALFUNCTIONS if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspects breath test, the results of the suspects test are presumed invalid.
BREATH TEST OPERATOR LICENSE EXPIRED -- An Illinois Breath Test Operator must possess an unexpired operators license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.
BREATH TEST DEVICE NOT APPROVED A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
FAILURE TO PROVE DRIVING a defendants admission to driving, without more, does not prove a charge of driving under the influence.
INDEPENDENT WITNESSES often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendants sobriety.
FAILURE TO MIRANDIZE prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
OFFICERS PRIOR DISCIPLINARY RECORD a police officers previous disciplinary record can be used to attack the officers credibility.
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