There are typically two outcomes for criminal allegations that lead to actual charges. Either the state proves its case and convicts the defendant, or the defense team prevails and avoids a conviction. Occasionally, scenarios that warrant criminal charges do not result in a trial at all after the defendant indicates their intent to fight the pending charges.
Sometimes, state prosecutors must dismiss pending charges, thereby allowing the defendant to avoid going to trials. The party accused of a criminal offense no longer has to worry about going to court or the penalties possible after a conviction. State prosecutors usually only bring criminal charges in cases where they feel confident about securing a conviction or guilty plea.
Can individuals accused of driving under the influence (DUI) offenses ever avoid a trial by convincing the state to dismiss or drop their pending charges?
Drunk driving cases rely on limited evidence
Some people mistakenly assume that a conviction is a given if there are field sobriety test results or a failed chemical test implicating a motorist. However, most DUI cases rely on a limited collection of evidence, often gathered during a single interaction with law enforcement.
It is therefore possible to avoid prosecution in some cases by preventing the courts from using specific evidence. If police officers conduct an inappropriate traffic stop or an illegal search, the evidence that they gather may not be useful during court proceedings.
Defense attorneys can use the exclusionary rule to eliminate evidence obtained through illegal behavior or a violation of a defendant’s rights. An inappropriate traffic stop can lead to compelling evidence that prosecutors ultimately can’t present at trial.
In some cases, a defense attorney may be able to secure the dismissal of pending charges by showing the courts that a violation occurred and asking to eliminate specific evidence from the upcoming criminal proceedings. The elimination of breath test results, field sobriety test video footage and even confessions can be possible in certain circumstances. Seeking the dismissal of pending DUI charges can be a viable defense strategy in specific circumstances.
Discussing what happened before and during a police encounter with a skilled legal team can help people plan the best defense given their unique circumstances.