Are you feeling stressed, confused, upset or angry after a DUI arrest? A Cobb County DUI Lawyer can help. There are often many challenges that can be raised against a DUI charge. Law enforcement in Cobb County must have a valid reason to stop your vehicle. It is against the constitution for them to stop you for no reason or on a whim. They need to have a reasonable, articulable suspicion to pull over your car. The only exception to this is at a roadblock, where there needs to be certain procedures in place as well. A Cobb County DUI lawyer can analyze the roadblock and let you know if it appears to be deficient in any way. Usually, a motions hearing is held on the validity of the roadblock and in addition to the arresting officer, a supervisor needs to come and testify about the objectives and setup of the roadbloack.
Field sobriety tests are voluntary and are often used against you as the officers almost always see "clues" of impairment. They tend not to factor in the fact that you may have been nervous, cold, sick, tired, etc. If there is a video, and you look and act normal, then you may raise the defense of no probable cause to arrest for DUI. This is a ruling that a Cobb County judge can make and will result in the DUI charge being dismissed if the judge makes the finding that there was not pobably cause. Talk to your Cobb County DUI lawyer about the law on this topic. A good Cobb County DUI lawyer will also probably file a motion to suppress the results of any blood or breath test. The arresting officer is required to give you what is known as an implied consent advisement prior to taking a sample. Sometimes, the officer gives an inaccurate or misleading warning. This often happens in cases where the driver has a license from somewhere besides Georgia.
A recent development due to some changes in the law over the past year regard an issue known as source code. Most tests in DUI cases in Cobb County are breath tests on the Intox5000 machine. This machine is old technology and defense experts (and likely most prosecution experts for the state of Georgia) are uncertain as to how they truly work....we don't know the progamming source code. The company that produces these machines, CMI, Inc. is based in KY. Based on the new ruling, a Cobb County DUI lawyer can in many instances get the presiding Cobb County judge to agree that we can subpoena the source code. However, Georgia courts do not have the power to tell people what to do in another state. It is up to a Kentucky judge to agree whether or not the subpoena should issue. This is complex litigation and the reason you need the best Cobb County DUI lawyer on your side. Call our Cobb DUI lawyers today for a free case analysis.
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