Secure the Evidence
When preparing your case, the first step your Orange County DUI defense attorney should take is to secure the scene and any evidence.
Soon after you contact your Orange County DUI attorney, he or she should request that you return to the place where the field sobriety tests were conducted. If possible, the attorney’s investigator should accompany you. Photographs of the area should be taken by you or the investigator in order to freeze the scene.
It is almost a given that the police report will state that the location where the field sobriety tests were conducted was a smooth and level area. This is often not true. Almost all field sobriety tests are conducted on the sidewalk or the side of the road, and most roads and sidewalks are sloped to facilitate water runoff. It is rare to have a truly level location for the tests. Additionally, it is important for you and the investigator to determine what the lighting was like in the area.
When you were in jail, did you make any phone calls? Typically, calls are made late at night and the person to whom the call is made is often asleep. As a result, an answering machine or some sort of voice mail may have recorded all or part of the call.
If any part of the telephone conversation has been recorded, you should secure the recording immediately, since it may reveal that your speech was not slurred. When available, this evidence proves to be very effective in combating any claims of slurred speech.
If you have been charged recently with a DUI and would like to discuss your case with a DUI attorney in Orange County, please call Coffey and Coffey at 800-706-7888.