Building a Defense For DUID Charges in Annapolis
In order to place someone under arrest for a DUID charge in Annapolis, the state must prove good cause through initial contact with the individual, their investigative work, or the time they spent talking to the accused individual in asking for their license and registration. Body cameras are starting to be implemented on officers around the country. This is beneficial so that the jury and lawyer will see what the officer sees. If an officer says that the person was slumping on their seat, their eyes were rolling back, or that they were tilting over to the passenger seat, it can be proven using a video. Disproving these elements can be an effective Annapolis DUI drug defense strategy. However, if there is a report but it is not seen in a video, then there is some disconnect between what would be the truth and what might not.
This is also inclusive of the field sobriety test, be it a standard field sobriety for alcohol or the extensive DRE standard field sobriety and the 12 steps. It is not always easy to prove an individual is under the influence, and proving 12 elements in a drug charge is much more difficult than proving the three generally accepted steps for an alcohol test.
The DRE would have to show that there was good enough cause to request a blood test, or that the person submitted or refused the blood test. They would have to see what, if anything, could show that there was cause to initiate a test.
Common Defense Strategies
The number one defense strategy employed in an Annapolis DUI drug case is always the stop of the vehicle. An attorney can try to prove there was no good cause to stop the car: no speeding, traffic citations, erratic behavior, et cetera. Perhaps the vehicle was turned off, and the officer did not observe any driving. The exact nature of what is done for a DUI drug case is very important.When prosecuting an Annapolis DUI drug case, the state must prove that there was a good cause for the vehicle to be pulled over. This can occur because of speeding, or a violation of another transportation article. There could also be an accident or a drive wellness check on a vehicle. However, good cause must always be established. If good cause cannot be established, the individual or their attorney can negate everything that happened afterward.
The second Annapolis DUI drug defense strategy involves the officer’s initial observations. An attorney will question what the police officer observed. If they did not smell marijuana or alcohol, but furthered the investigation, a lawyer will question the reason. If the police officer saw no paraphernalia, no drugs in the vehicle, no odor, or no evidence of anything else there, an attorney will ask why the officer continued with the case.
Challenging the Prosecution
In addition to the above elements, an individual has the right to have evidence of the driving itself as well. A lawyer will also question if all of the evidence was collected legally, if it violated the client’s right, or if they were forced to have a blood test when they initially refused. If this was done without a warrant, it can be ruled as invasive.
All of these Annapolis DUI drug defense strategies are things that a lawyer should know and should be able to execute for their client.