California has one of the highest conviction rates in the United States for DUI cases. However, this conviction rate does not include cases that were dismissed prior to or during trial. If you are currently charged with DUI you might be wondering what percentage of DUI cases get dismissed in California?
To be honest, the chance of a dismissal of a DUI is low especially in California. In 2006, 90% of DUI cases in California ended with a conviction. Compared to nationwide where conviction rates from 63% to 95% California has a very high number. The dismissal rate of DUI cases involves a much larger range across the country. In Connecticut and Rhode Island, the DUI dismissal rate falls between 60% and 70% while in some anonymous counties the percentage was in the teens. Consequently, if you find yourself arrested for a DUI contact a well-respected criminal lawyer immediately. Even if you believe the case against you is cut and dry, a qualified attorney might be able to get the case dismissed.
There are many reasons why a DUI charge may be dismissed beginning with whether or not the police had probably cause to stop your vehicle. In order to make a traffic stop, the police must have a reasonable suspicion that the car’s occupants are engaged in an illegal activity. If it is determined that the officer did not have the necessary probable cause to pull over the vehicle, perform a DUI investigation, or arrest you for DUI than the prosecution any of the evidence obtained against you. The second most common reason for a DUI charge to be dismissed is because the office failed to advise you of your Miranda rights. If you are placed under arrest in California without being read your Miranda rights any subsequent statements made will not be admitted in Court. Therefore, depending on what is said after the arrest has been made the case may be dismissed before trial.
The key to having any chance of a DUI case being dismissed is to invest in a DUI attorney. If you are located in Orange County or LA California and find yourself facing a DUI charge, contact Christopher J. McCann to serve as your attorney.
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