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If you are charged with a DUI in either Sacramento County or Placer County (including Sutter, Yuba, Nevada and El Dorado Counties) YOU NEED LEGAL COUNSEL IMMEDIATELY! Many people think that DUI law is straightforward and simple. If you took a breath test, it is common for the Officer who made the arrest to tell you what your Blood Alcohol Level (BAC) was with the hope that you won’t fight the DUI charge. It’s law enforcement’s way of making you feel like there is no hope. And it works because when people hear that number, they naturally assume that’s the end of it; and they have no hope for a defense. Nothing could be further from the truth!
The last thing law enforcement wants is for you to hire an attorney! They’re OK with the Public Defender handling a case, but a private attorney who is actually WORKING for you can make life difficult for an unethical cop. This is because a private attorney “peels the onion” and scrutinizes EVERY STEP IN THE PROCESS.
If you are charged with a DUI, everything comes in to play from forensic evidence and toxicology, to the United States and California Constitutions. As part of your defense strategy, the Law Office of A. Todd Kuhnen will pick the prosecution’s case apart.
Science: The science of human metabolism, rates of alcohol consumption and burn off, the effects of different drugs on the body; they all become relevant in a DUI case. The prosecution has to prove that you were impaired AT THE TIME OF DRIVING! So, if the blood or breath test occurred quite some time AFTER you were pulled over, we may be able to argue that the test results are not actually relevant.
Testing: “Garbage in; Garbage out!” This phrase is a general rule of thumb in the area of “scientific” observation which basically means that “incorrect or poor quality input will always produce faulty output.” What does this have to do with DUI? When the officer pulls you out of your car, he begins a series of field sobriety “tests” to determine whether you are impaired. While this sounds “scientific,” the results of the tests are only as good as the person administering them. Furthermore, only a few tests have been validated as “standardized,” and many Officers (CHP especially) continue to give the non-validated tests. In short, if the Officer doesn’t give you the test properly, or gives you a non-validated test altogether (Garbage In), then his observations should be questioned (Garbage Out). The same goes for the breath test he gives you. If he doesn’t follow the right procedures, we will try to get the results excluded from evidence.
Constitutional Violations: When you think about it, the law gives police officers a significant amount of authority to restrain the liberty of a person suspected of committing a crime. However, with this authority comes the responsibility NOT to abuse it. The United States and California Constitutions guarantee very citizen the right to be free from UNREASONABLE “search and seizure.” Simply put, you cannot be stopped by a law enforcement officer unless he has “reasonable suspicion” that you have committed a crime. For example, he can’t pull you over just because it’s 2 AM, and there is a Bar close by. He has to ACTUALLY observe a violation of the law (no turn signal, tail light out, weaving, etc). Sadly, law enforcement officers abuse this authority all the time, but many defense attorney’s rarely call them on it. If you retain us to represent you, we look at the “reasons” given by the Officer for the vehicle stop. We make them PROVE they didn’t violate your constitutional rights, and if we are able to show to a Judge that there was no “reasonable suspicion,” then the observations made AFTER the stop are not admissible as evidence, INCLUDING THE BLOOD RESULTS.
Act Now!!: If you’ve been arrested for DUI (or any other offense), you need an attorney that knows the ins and outs of this process like he knows the back of his hand. Todd Kuhnen is a former prosecutor. And better yet, he is a former Supervisor of other prosecutors handling DUI cases. He knows where the weaknesses are in the District Attorney’s case; weaknesses that are rarely notice or exploited by other seasoned defense attorneys.
If you have been arrested and charged with a DUI, you need to call the Law Office of A. Todd Kuhnen immediately!
Contact our office now to set up your free consultation!
(916) 318-6562 or