Fighting For My Freedom

How Can I Get My OWI Charges Dismissed?

When you've been charged with drunk driving, there's always the chance that the OWI charges could be dropped or dismissed. There are a number of potential mistakes by the police or prosecutors you can try to take advantage of, or you can use processes in the legal system to your advantage.

Pre-Trial Diversion

In some cases, you may qualify for pre-trial diversion programs, which give you a chance to avoid jail and probation. In these programs, you are given additional requirements that must be met to avoid a conviction. A common condition is attending a substance abuse course.

If you successfully complete the terms of your program, the charges will be dropped. This is better than a plea deal because you won't have a criminal conviction on your record.

Illegal Traffic Stop

If the police made an illegal traffic stop, you may have a legal right to have your case dismissed. The reason is that the police violated your constitutional rights by making the illegal traffic stop.

Any time the police commit a constitutional rights violation, they can't use any evidence they got because of that violation. Since they only knew you were intoxicated because of the illegal traffic stop, they can't use any evidence that you were intoxicated. That leaves the prosecution with nothing to prove their case, so your charges have to be dismissed.

The same thing goes if the police used excessive force during the arrest. If the officer was not justified in using force, then they can't use anything they did as part of the investigation against you.

Police Officer Doesn't Show Up

The police officer not showing up is rare in criminal cases, but it does happen. There may have been a scheduling mistake, the officer could be out on vacation, or the officer could have even left their job.

You should always make sure the police officer is available in court before you make any decisions to plead guilty. If the police officer doesn't show up to testify against you, the prosecution may not have enough evidence to make their case.

The prosecution will often ask to reschedule, but you have a right to a speedy trial. If your right to a speedy trial is being violated, your lawyer will argue that your case needs to be dismissed instead of rescheduled.

To learn more about how to get your OWI charges dropped, contact a local OWI lawyer or law office like Cohen Law Offices, LLC today.