At Mishlove & Stuckert, LLC Attorneys at Law, we have established seven key factors that we consider when preparing your drunk driving defense. Andrew Mishlove explains the significance of these factors. They include getting to know you, hearing your side of the story, and ensuring the police have followed their own rules.
Hi, I'm Andrew Mishlove of Mishlove & Stuckert. I'm going to talk to about the seven key factors in drunk driving defense. Now, it may surprise you to know the first factor and the most important factor in drunk driving defense is you, the person who's accused, the client. We want to get to know you. We want to get to know about your career, your family, your aspirations, and how this is going to affect you, because that's what tells us how to defend the case.
Telling the story is the second key factor in driving defense, so we're going to want to know about where you were coming from and where you were going to, how you got into this mess, and why it's unfair.
All people have rules they have to follow in life. There are the rules of the road. Lawyers have rules, doctors have rules, and police have rules. A person who's accused of a crime like drunk driving is put under a microscope. We're going to shift that focus onto the police and make sure that they follow their own rules.
So let's talk about the fourth factor, which is the driving. It may surprise you to know that many of the things that result in a person being stopped by the police do not indicate that you're impaired. So when we analyze a drunk driving case, we're going to look very carefully at the arrest video and determine whether or not your driving actually did seem impaired.
Your behavior, appearance, and demeanor, the manner in which you're able to produce a driver's license, identify yourself, get out of your car, respond to the officer's questions, all of these things are key factors in the defense of a drunk driving case.
The sixth factor is legal defenses. One prime example would be if a person is accused of having prior offenses. Well, a good lawyer is going to take a hard look at those prior offenses to make sure that they actually are legitimate, they actually apply, and that they can be used against you. It may surprise you to learn that even blood tests can be highly unreliable, and breath tests more so.
At Mishlove & Stuckert, we have the training, the credentials, and the experience to analyze all breath tests and blood tests. In fact, we are one of only a handful of law firms in America that have the ability to reprocess blood test analysis right here in our office. So knowing how to deal with the chemical tests, whether it's breath or blood, is the seventh key factor in drunk driving defense.