Challenging Evidence

Marietta Criminal Defense Lawyer

After an arrest for a DUI, your future may hang in the balance. It is important that you work with an attorney who is not afraid to aggressively defend you and your freedoms by challenging any evidence that was obtained and used to prosecute you. At The Merchant Law Firm, our team of dedicated Marietta criminal defense lawyers stands ready to provide you with quality legal representation for your case.

When you work with our firm, we will review every detail of your investigation and arrest and ensure that your rights were not impeded upon during the gathering of any evidence.

The most important pieces of evidence in a DUI prosecution include the arresting officer's statements, dashboard surveillance, sobriety tests and chemical testing. If there are any witness statements to add to the evidence, we will thoroughly interview them as well to ensure that their statements are accurate. Our team will review any booking room videos and ensure that the police stop was legal and just. It is important that if you feel your rights were violated in any manner, that you contact The Merchant Law Firm as soon as possible.

Illegal Checkpoints and Stops

Did you know that some sobriety checkpoints may be illegal? Under Georgia law, all checkpoints must be clearly labeled of their purposes, have an alternate route to avoid the stop and a proper holding and staging area. If the checkpoint was not clearly marked and you were not given proper warning about where the checkpoint was, you may have a strong defense against your arrest.

Although sobriety checkpoints are legal and upheld under the state and federal Constitution, if any of the laws pertaining conduction of the checkpoint were violated, you may be able to challenge the arrest.

In Georgia, a police officer must also have a valid reason to stop you while driving. If you were not stopped at a sobriety checkpoint, but rather pulled over by an officer, it is important that they had valid reason to believe that you were under the influence of drugs or alcohol. If you were not making any illegal turns, lane changes or driving in an unsafe manner, you may be able to challenge the evidence of your stop and arrest. An attorney from The Merchant Law Firm can help address this situation and ensure your rights were not impeded upon.

Working with The Merchant Law Firm

Are you ready to move to move forward with your case? You need to act quickly to ensure that your rights are protected and your freedoms are aggressively defended. At The Merchant Law Firm, our team of devoted criminal defense attorneys has years of experience in providing the best possible outcomes to our clients.