Arrests & Evidence Can Be Challenged

If arrested for DUI, you’ll want an criminal defense attorney who will seek to uncover potential problems with the prosecution’s case. Previously, Mr. Spolter served as a prosecuting attorney in New York City in the Brooklyn District Attorney’s Office. He incorporates into his legal work lessons learned and skills developed while working in the D.A.’s Grand Jury Bureau, Felony Investigations Bureau & Criminal Court Bureau. He knows that police officers can make mistakes. When suspecting that law enforcement officers violated procedural rules when arresting clients on DUI charges, he prepares legal motions which can cause judges to throw out key portions of prosecutors’ cases and to even dismiss entire criminal cases.

Was the breath test operator doing his or her job properly? Improper administration of breath tests can lead to artificially inflated alcohol readings. Police departments and prosecutors rarely voluntarily disclose when breath tests were conducted improperly or when DUI breath test machines are defective. That’s why Loring N. Spolter investigates the operational records of DUI breath test machines and analyzes events occurring during the arrest process. When uncovering improper police conduct or the use of faulty DUI breath test equipment, Mr. Spolter files legal pleadings asking judges to dismiss evidence or even whole cases pending against his clients.

Mr. Spolter battles to keep out of evidence the results of DUI urine tests. Because police-administered DUI urine tests can reveal findings which may be legally irrelevant and unfairly prejudicial, criminal defense attorneys frequently are able to convince judges to prevent these test results from being admitted into evidence at trial.

A number of factors can lead prosecutors plea down DUI charges to less serious offenses. Examples include when a judge orders that certain evidence not be admissible at trial or when a defense attorney discovers that a client has a health condition which mimics the symptoms of alcohol impairment, taking prescription medications and use of illegal drugs or the unavailability of police or civilian witnesses.

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