The key to fighting your DWI is a thorough investigation that starts with finding out ALL the facts.
- I start with your free consultation which takes about an hour.
- I’ll examine your medical history, often, medical conditions will affect your performance on field sobriety test and on breath test.
- I’ll examine your vehicle to determine if a mechanical problem caused the police to single out your vehicle.
- I’ll obtain copies of the police report and video.
- I’ll perform a second by second transcript.
- I’ll ensure that the video shows what the police report says.
- I’ll do a backround investigation of the arresting officer.
- I’ll ensure that the officer is qualified to administer the Standardized Field Sobriety Test and Intoxilizer.
- I’ll visit the arrest scene shortly after arrest, take pictures and video if necessary to use at the trial.
- I’ll do an extensive review of the Texas Transportation Code and case law to ensure the officer had a reason to pull you over.
- If the officer did not have adequate suspicion or probable cause, I can get your case DISMISSED.
- I’ll represent your interest at the ALR hearing, pinning the officer down to testimony he’s not prepared to give.
- I’ll examine the Intoxilyzer maintenance records to ensure the machine was working properly.
- I’ll be thoroughly prepared for trial. Leaving no stone unturned and having all the ammunition to fight your case.
- I’ll pick a fair and impartial jury who understands that officers make mistakes.
- I’ll use every viable tool available.
I’ll be a pit bull in the courtroom and fight for all your rights.
Hints and Areas of Consideration:
- ALWAYS refuse field sobriety test
- Keep your mouth shut! Don’t answer any questions
- There was an illegal stop of the person or vehicle. Officers will often invent phony excuses to pull you over for a DWI.
- Independent witnesses contradict indicators of intoxication on the police report
- Anonymous tip of drunk driving not verified. No probable cause of arrest.
- Standardized Field Sobriety Test not administered properly
- Officer not qualified to administer SFST
- Officer ignores medical conditions that could affect SFST
- Bad weather had affect on SFST
- Environmental conditions had effect on SFST
- Slope on roadway affected SFST
- Video does not cooberate officers offense report or Intoxilyzer results
- Blinking or flashing lights effected performance on eye test
- Non Standardized Sobriety test are invalid (alphabet test, finger to nose)
- No Miranda warnings Blood test performed by police officers or other unqualified person
- Blood test performed in unsanitary conditions
- 15 minute observation period not followed correctly
- Intoxilyzer 5000 malfunctions
- Mouth Alcohol fools the machine
- Officer did not check for foreign substances in the mouth
- Testing solution improper temperature
- Portable breath test results invalid
- Expert witnesses
The Law Office of Phil Stauffer, P.C.
111 Soledad Street, Suite 1310, San Antono, TX 78205 (210) 858-8972 Google Reviews | Directions | Blog
