At Futeral & Nelson, we aren’t lawyers who only try to negotiate a deal. The prosecution has the entire burden of proof on all issues and has to convince all jurors unanimously that you’re guilty “beyond a reasonable doubt.” That’s a tough thing to do. We make it tougher by challenging EVERYTHING about your arrest such as whether there was a “reasonable and articulable” basis for stopping you, whether there was a “reasonable suspicion” that you were under the influence, whether any field sobriety tests were performed properly, whether any breath test was performed properly, whether the breath test machine was functioning properly, and much more.
You might be surprised at how often police officers, including the North Charleston Police Department, arrest innocent drivers for DUI. For example, according to a study by Clemson University, 32% of the time police officers mistakenly concluded that sober drivers failed field sobriety tests. Also, in many cases we’ve defended, video evidence shows that law enforcement oftentimes conduct field sobriety tests improperly.