How Can You Get a DWI Charge Dismissed in Edina?
If you are facing a DWI charge in Edina, an aggressive defense strategy could lead to the dismissal of those charges. Having your case dismissed is never a sure thing, but the right attorney could put you in a position to fight back.
The attorneys at Gerald Miller have a long track record of securing dismissals in DWI cases. Whether the state violated your rights or the case against you is weak, our team will consider every potential option for building your defense. Call right away to learn how we could help.
Who can Dismiss a DWI Charge?
It is important to understand that the right to dismiss a DWI charge lies with two parties: the prosecutor and the judge. The state prosecutor not only has the final say on when to bring criminal charges, but they also have the power to end a prosecution and dismiss a case entirely.
Prosecutors are unlikely to dismiss a DWI charge without a good reason. The state tends to aggressively pursue these cases, and there is often external pressure to take these cases to trial. To secure a dismissal from the prosecution, it is typically necessary to establish that the state is unlikely to prevail. Doing so usually involves making a strong defense case that a dismissal by the judge or an acquittal at trial is likely.
A judge also has the power to dismiss a DWI case. Unlike a prosecutor, they are unlikely to consider the dismissal of the charges against you on their own. For the court to dismiss your case, you will likely need to file a motion with the court. When the prosecution refuses to voluntarily dismiss your DWI charges, this is your only remaining option to bring your case to an end without a conviction outside of trial.
Defense Strategies That Could Lead to Dismissal
No two DWI cases are exactly alike. This is true even when many of the facts surrounding DWI arrests are similar. That is because there are countless factors that could result in a viable defense strategy. Building a strong defense strategy—regardless of the basis—could be the best option for obtaining a dismissal of all charges. Our firm could develop a defense strategy built on a variety of theories, including:
Illegal Police Stops
The police cannot pull over your vehicle for any reason they choose. Instead, they must have an articulable reason why they pulled you over. This typically involves a suspicion that you committed a crime or moving violation. If you are pulled over illegally, our firm could have much of evidence from your arrest excluded at trial.
Illegal police stops are unfortunately a common occurrence. Many people do not realize at the time they were stopped without a valid reason. That is why it is crucial that you seek legal counsel before agreeing to a plea bargain in your DWI case.
Speedy Trial Challenge
The state does not have unlimited time to bring your case to trial following your arrest. This is thanks to the speedy trial protections written into the United States Constitution. If your right to a speedy trial is violated, the court could dismiss your case.
Flawed Chemical Testing
Many DWI Cases are built on the results of blood, breath, or urine tests. Any mistakes made involving your sample could lead to the results of the test being thrown out. This is a favorable outcome for a defendant, as the results of their chemical test could be the strongest evidence the state has. There are different ways a chemical test could be flawed, including:
- The sample was taken by someone without proper certification
- The chain of custody on the sample was broken
- The same was tested by someone without proper certification
- Testing machines were not calibrated
Talk to an Attorney About Your DWI charge
If you are facing charges of DWI in Edina, a dismissal might be possible. However, securing the dismissal of the charges against you can be difficult without a strong defense strategy. The attorneys of Gerald Miller are ready to review your case and help you develop the strongest defense strategy possible. Call right away for a free consultation.