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Refreshing reminder: DUI cases can be successfully defended

When people talk about or think about drunk driving charges, it is unlikely they are considering the various defense strategies that the accused could utilize. Instead, their mind probably wanders to the stigmas and the sensationalism that surround DUIs and the topic of drunk driving. This is understandable, given the way drunk driving charges are portrayed in the news and in the world of entertainment.

But there really are DUI cases where the accused has a viable case to make, and the strategies they use can directly contribute to the damage in a particular case being reduced.

For example, there are things called "affirmative" defenses. These aren't particularly common, but there are legitimate cases where the circumstances apply. Affirmative defenses are claims that relate to necessity (such as driving drunk to save someone suffering a heart attack in a remote location), duress (being forced to drive drunk under threat of violence or harm), and involuntary intoxication (consuming a spiked drink).

There can also be problems with the way the investigation into your case was handled, or the actions of the police officer that pulled you over. So if the evidence in your case was mishandled, tainted, or failed to follow proper chain of custody, you could have a strong case. Additionally, if the police officer in your case failed to uphold your rights, or if the stop was improper, or if the tests he or she utilized to "prove" your intoxication were flawed, then you could similarly have a strong case.

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Brannen & Walker Attorneys at law

141 Union Street S
Concord, NC 28025

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