Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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If you have been arrested for DUI in Fresno ca or in other parts of California give us a call at 5594411418.  As a former probation officer, deputy da that has tried cases on the District Attorneys side and having been a Defense Attorney for more than 14 years of trying cases in court including DUI cases, I have the ability and know how to properly handle your DUI case.

 

What many people do not realize about DUI cases is that they can be beat at trial.  Many people think that if certain things are present such as a high BAC then you should just plead guilty.  Many times that is not true.  DUI cases are much more complex than they look on the surface. 

 

DUI CASE DEFENSE DEPENDS HEAVILY ON THE PAPERWORK AND PROCEDURES THE POLICE USED

 

For DUI cases the proper procudures and paperwork must be followed.  Much of DUI defense especially at trial depends on holding the police officer accountable for any deviation from the proper procedures.  Sometimes I see officers conducting DUI investigations that have no business conducting these investigations because they lack the proper training to properly conduct a DUI investigation.

 

A lot of DUI training for police officers has been nationalized meaning there are national standards manuels etc. that lay out for the officer the standards for conducting a proper DUI investigation.  Many of these standards are in the NHTSA manuels.  These are the actual manuels that officers use to train police officers.

DUI investigation procedures are supposed to be standardized across the United States.  In theory, all officers should conduct DUI investigations the same way.  This rarely happens.

The National Highway Safety Administration (NHTSA) has developed a student (participant) training manuel that is used to train all police officers in the country.  There are a total of 14 NHTSA TRAINING MANUELS  used across the country by law enforcement officers.

If an Attorney knows those manuels has those manuels and knows how to properly cross examine on those manuels then that could at trial actually eliminate the need to obtain an expensive expert.  This not only saves the client money it increases the chances of winning the case nothing makes an officer look worse  than not following his own guidelines.

 I have seen officers on taped police stops actually do just about every single thing wrong on the stop up to and including lying about the reason for the stop.

For example pulling someone over and immediately giving the person a preliminary breath screening test.  This is only supposed to be done after observing the person for a 15 minute time period.  I have seen the officer not watch the person for a period of 15 minutes like they should and instead stop and talk to another officer on his cell phone during a stop. 

I have seen officers give such contradictory and difficult FST or Field Sobriety Test that person was almost guaranteed to fail 

The manuels used to train officers even go into detail about in which orde the fst's are supposed to be given.  And I have seen officers completely disregard how to do these tests and the manner in which they are supposed to be given.

I have seen officers not zero the breath test machine that measures alcohol in your blood and do many different mistakes such as this.  These are the things we look for in evealuating your case. 

If you have questions give us a call we can go over some of the areas such as these listed above and tell you wether you have a case that should be fought and how to fight the case.

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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