DUI 102: Check Out the Scene

by Philip Yabut in


In defending a DUI case, it's best to first go back to basics.  And there's nothing more basic than finding out what happened at the accident/traffic stop scene.

Every accident or traffic stop is like a person -- no two are exactly alike, even if they happened in the same location under similar circumstances.  You cannot assume that a new case will be anything like something you had dealt with in the past.  So you should take the time to visit the scene.  Make note of everything you can -- pavement conditions, the way the lines are painted on the road, placement of signs and traffic signals, trees and other vegetation, the angle of the sun at different times of the day, sidewalks and/or sidewalks, buildings and other landmarks.  And also pay close attention to where the police officer observed the alleged behavior or responded to the accident.

Taking the time to visit and learn everything you can about the scene of the incident can go a long way.  Foremost, you'll give notice to the judge and the prosecution that you prepared a thoughtful defense.  And it will give your client  some peace of mind that you are looking after his/her best interests.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.


DUI 101: A Summary of Your Defense

by Philip Yabut in


The repercussions of a DUI conviction can be severe.  Not only can you face a fine and/or jail time, but you will likely lose your driving privileges for an extended period.  So, of course, the best way to avoid a DUI conviction is simply to avoid drinking and driving.

But if you do somehow end up in a situation where you are charged with DUI, and you want to go to trial and not try to cut a plea deal for a lesser charge with the prosecution, there is a minefield to negotiate on your way to an acquittal.  In your preparation for that undertaking, you should begin formulating your defense with the following points:

1. Visit the scene of the traffic stop and arrest and learn it backwards and forwards.

2. Know the specifics of the arrest and detention itself, paying close attention to possible 4th Amendment search and seizure violations.

3. In cross-examination, dissect the arresting officer's knowledge and administration of the Standard Field Sobriety Test for deficiencies.

Above all, be thorough.  The standard is proof beyond a reasonable doubt, so even minor details that can question the evidence against you or your client can be important enough to result in an acquittal.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.