With over 37 years of legal experience, many of which as a former Superior Court Judge, José Velásquez knows how to present convincing evidence to defend his clients’ rights and freedom. He can build your defense against DUI (driving under the influence) charges, whether this is your first offense or a subsequent offense.
An Aggressive Defense to Keep You Out of Jail
Mr. Velásquez will mount a vigorous defense on your behalf to prevent you from being locked up or facing other consequences due to a DUI conviction. He may raise various defense strategies based on the particular circumstances surrounding your case. Some of them that may include:
Illegal stop – Cops cannot stop you for any reason. The U.S. Constitution prohibits police from arbitrarily stopping citizens without reasonable suspicion. This concept means specific and articulable grounds that provide police with reasonable doubt that criminal activity is afoot. For example, failing to maintain a single lane is not enough for the police to stop you unless you impede the traffic. If you were driving within the speed limit, obeying all traffic laws, and did not have a mechanical malfunction with your vehicle, the police did not have reasonable suspicion to pull you over. Hence, Mr. Velasquez will argue that any evidence gained after the illegal stop is inadmissible.
Inaccurate BAC reading –If you had a BAC (blood alcohol content) reading above the legal limit, there might have been problems with the testing or the machine. Mr. Velásquez will investigate if the testing machine was defective or not recently calibrated. Sometimes unreasonable wait times or testing by an untrained laboratory technician can result in an inaccurate reading. In addition, blood samples must be properly maintained after the test to avoid fermentation, contamination, or mislabeling. False-positive results can also occur due to using mouthwash or as a consequence of certain medical conditions. A diabetic side effect known as ketosis, which involves the fermentation of glucose in the bloodstream, can create an alcohol odor. Ketosis can cause a sober individual to register the presence of alcohol on a breathalyzer test. Mr. Velasquez will diligently examine every possible cause of false BAC reading and make sure police or prosecution never uses such evidence against you.
Procedural mistakes –There may be procedural mistakes that the law enforcement agency or the officer made, such as not following proper protocol when setting up a sobriety checkpoint or not completing field sobriety tests correctly (FST). Not adhering to procedures can result in the exclusion of any evidence resulting from the field sobriety test. Furthermore, if you are under arrest, the police must immediately advise you of your rights. That includes the right to remain silent, the right to an attorney, and the right to court-appointed counsel. Also, the police must inform you that statements you made following the arrest may be used in a court of law by the prosecution. These are called the Miranda rights, and Mr. Velasquez will determine if the police warned you adequately in time of your arrest. If Miranda warnings were not issued, any evidence gathered after the arrest (like incriminating statements, biological evidence, and field sobriety test observations) will be excluded.
Medical conditions – Certain medical conditions may impact how your body digests alcohol or why you may perform poorly on a field sobriety test. For instance, some neurological problems can cause slurred speech, while allergies, sinus troubles, and crying can cause watery eyes. Furthermore, extreme tiredness or sleep disorders such as narcolepsy can cause a driver to feel sluggish and become uncoordinated while driving. Diabetes can have a similar impact on driving. In such cases, Mr. Velasquez will rely on his extensive experience dealing with DUI charges and use this information as part of your defense strategy.
Duress or necessity – In some situations, you were in an emergency, and you had to drive despite knowing you were under the influence of alcohol. For example, you are at a party with your spouse, and you have one too many drinks. Your spouse drives home, but suddenly she suffers a heart attack, so you jump behind the wheel and rush to the hospital. On your way to the hospital, the police pull you over and bring driving under the influence charges. In these situations, Mr. Velasquez’s expertise in duress defenses is crucial and can make a decisive difference that will keep you out of jail.
The DUI defense strategies mentioned above are only a portion of our rich legal arsenal based on extensive knowledge and decades-long practical experience. Mr. Velasquez adheres to the highest standards in protecting his clients’ rights. When your freedom is at stake, we do not make any compromises.
For help defending you from DUI charges, call 831-424-5680 to schedule a confidential consultation.