A Mobile man was “run over” by his own vehicle while attempting to perform field sobriety tests recently, CBS News reports.
Birmingham DUI Defense Lawyers take pride in defending people charged with DUI because as politicians make penalties for these charges more and more severe, the need for a good defense is increasingly necessary. We have dedicated countless hours to preparing for DUI defense in Alabama. Thousands are arrested for this crime each year; the threshold continues to get lower even as the lawmakers pass stiffer penalties. Too often, those charged are unfamiliar with the criminal justice system and fail to appreciate the seriousness of the charge or to take the steps necessary to adequately protect their rights.
According to the news story, the man had been pulled over by an Alabama State Trooper for allegedly driving drunk. When he left his Jeep Grand Cherokee to complete field sobriety tests, he thought he put the vehicle in park, but it began to roll and knocked him down.
Troopers said he was not badly hurt and didn't go to the hospital. But he was charged with DUI and attempting to elude police, though the article doesn't make clear why he is charged with attempting to elude police. No doubt they will blame intoxication for the accident; as if being pulled over by a trooper and accused of driving drunk couldn't make someone nervous enough to forget to put a vehicle in park.
While some people may poke fun at this suspect, he faces an uphill battle in proving his innocence. But it can be done. Consulting with an experienced DUI lawyer should be the first step if someone faces this charge because elements of the state's case can be defeated.
In Alabama, even a first-time offender doesn't get a slap on the wrist. And as recently reported in Alabama DUI Lawyer Blog, lawmakers recently made Alabama the 50th state to enact a law requiring an ignition interlock device on vehicles in some instances.
If someone is convicted of driving a motor vehicle with a blood-alcohol content level of .08 or higher, they can face a charge of DUI. And if convicted, that person can spend up to a year in jail, fines of at least $600 and up to $2,100, a driver's license suspension of 90 days and mandatory attendance in a DUI or substance abuse program.
All of those penalties hit the pocketbook or wallet of everyday people. So defending these cases aggressively is very important. And defending them means examining every piece of evidence the state plans to use against the defendant. That includes:
The law enforcement officer's testimony
Results of the field sobriety tests the officer conducted
Results of a breathalyzer, if the driver consented to one
Results of a blood draw, if the driver consented to one
Witness testimony, if there is any
Review of the officer's police cruiser dash camera, if it was active
There are other aspects that can be challenged in addition to these, and our firm will review everything with you before deciding the best plan of action. Penalties for DUI are set to punish multiple offenders more severely, so fighting charges early on can be critical in the future. But for many people, a one-time scare is enough to make them more cautious. For those people, we will do everything we can within the law to make sure a one-time mistake doesn't cost you for years to come.
If you or someone you know is arrested and needs to talk with a Birmingham DUI lawyer, contact Eversole Law at 205-981-2450 for a free consultation.