DUI INFORMATION:     A Defense Attorney's Approach

Police Stops a. Speeding The federal agency NHTSA has listed 20 circumstances under which driving patterns may indicate the driver is DUI. Of those instances, none of them involve speeding. Alcohol is a depressant; drivers who are DUI tend to drive slower, not faster. The drunk driver may be driving 20 miles an hour on the highway, but he probably won't be traveling 75 m.p.h. Anyone who can drive in a straight line at a high rate of speed is probably not impaired by alcohol. A good defense attorney should be able to capitalize on this. b. Moving from lane to lane Many law enforcement officers (LEOs) stop a driver when they observe him/her moving from lane to lane. Although sober drivers make lane changes in the course of their every day driving, you may well be on your way to jail if a law enforcement officer (LEO) observes this driving pattern. Anytime you change lanes, even if only to avoid a pothole or make a sudden turn, you are engaging in the type of behavior that police apparently rely on decide that you are engaging in suspicious behavior. How absurd! Furthermore, many states make it illegal to change lanes only when you create a danger to someone else. Should a driver be improperly stopped, the state's case would be jeopardized. Even if the driver were impaired, the illegal stop would "taint" the DUI case. c. Weaving within a Lane Many motorists are stopped for weaving within their own lane. This is one of those offenses that most of us never realized existed. Only after you are being led away in handcuffs do you realize that driving within your lane can still lead to a traffic stop. The theory is an impaired driver will not drive in a straight line and therefore will often weave between the two lines of the driving lane. It is true that an impaired driver may have difficulty controlling a car. Nevertheless, given that lanes of traffic vary greatly in width, often from eight to twelve feet, there are many reasons why a sober person might drive in a similar pattern. Assume that you are operating in a vehicle that is seven feet wide in an eight- foot lane. Even if you center the vehicle, you would only have six inches on either side of the vehicle. Should you hit a bump, have a loose steering wheel, lose concentration for a split second, adjust your hands on the steering wheel or just not care about moving a few inches in either direction, you can be stopped, ticketed and even arrested! A good DUI attorney will have much to say about this in court. d. Running a red light Running a red light is extremely dangerous but can be explained by many reasons other than DUI. To assume that a driver who runs a red light is DUI, is unreasonable. People run red lights because the are concentrating on other things and do not see it. Some are careless or simply refuse to obey traffic signs. Some are late or just in a hurry and willing to subject themselves and others to the possibility of a terrible crash. Sometimes people are afraid to stop because they perceive some danger in stopping at particular intersection or neighborhood. Often, many drivers have believed they could "beat the light." Furthermore, the light may not have been red as they passed through the intersection. Unless the LEO (law enforcement officer) was behind you, he/she could not tell the color of your light by the color of his/hers. These lights are controlled by computers, devices clearly susceptible to malfunction. Most of us have seen traffic lights that are all red or all green. The fact that a light is green on one side hardly proves it is red on the other. Furthermore, lights sometimes twist in the wind and might appear green or red depending upon when you looked and the angle you had. e. Following too closely Most of us are guilty at some time of following another vehicle too closely. Attempting to drive in "rush hour" traffic or on a crowded highway or expressway most often results in following too closely, an offense for which many of us have been stopped and cited. There is no hard and fast rule as to what a "safe distance" is; there is a lot of dispute regarding the best method to determine a safe driving distance. Certainly, such driving behavior is undesirable, but it is hardly an accurate indicator of DUI. f. Sleeping behind the wheel Despite being tired, if not exhausted, too many of us still get behind the wheel. Some times police discover a car parked on the side of the road or stopped at a light with the driver asleep. Police perceive this conduct as strong evidence of DUI. In reality, exhaustion is caused by many reasons other than alcohol. Drivers who did not get enough sleep due to dozens of reasons might fall asleep behind the wheel. If they are thoughtful enough to pull off the road to prevent an accident, they should be appreciated for their thoughtfulness, not punished by being arrested. The latest surveys indicate that a tremendous number of drivers suffer from sleep deprivation; this can and does lead to many accidents. An exhausted person would obviously have a difficult time responding to field sobriety tests (FST). It is unfortunate that exhaustion is often being confused with intoxication. It is also important to be aware and understand that there are several illnesses or forms of sleeping sickness that can cause sudden sleep or exhaustion. Such problems may need medical attention and treatment but certainly not jail. Medical records made over a period of time can readily document such a condition. g. Conclusion The fact is that there are numerous driving patterns that violate some traffic law. More often then not, there are reasonable explanations that can be found to attribute such errant driving other than alcohol. Driving under the influence of an alcoholic beverage to the extent that one is too impaired to safely operate a motor vehicle is dangerous, foolish and selfish. Nevertheless, many people believed to be impaired are simply not impaired by alcohol or drugs. No one should ever drive while under the influence of any substance but more importantly, noone should be convicted of this serious offense if the prosecutors cannot prove, beyond and to the exclusion of every reasonable doubt, the defendant's guilt. That is our system; that is what our democracy guarantees.

		Content provided by Richard J. Essen, Esquire. Our practice is confined primarily to the defense of DUI cases "We protect your rights"  info@richardessen.com
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