Are there any defenses available for DWI charges?
Yes, there are defenses available for DWI charges in Nebraska. One example is a mistaken identity defense, which means that the defendant can show that they were not the one driving the vehicle at the time of the offense. Another defense is an alibi defense, which means that the defendant can provide evidence that they were not present at the time of the offense. Additionally, an entrapment defense can be used when the defendant has evidence that they were unlawfully induced to commit the act by a law enforcement officer. Other defenses may include errors in the Breathalyzer test, showing that the police did not follow correct procedures or the Breathalyzer was not correctly calibrated. It is also possible to challenge the validity of the Arrest Warrant if one was issued. An attorney could also argue that the DWI charge was more severe than necessary to address the situation. One other defense is to argue that the facts of the DWI do not rise to the level of intoxication, so it is not necessary to find the defendant guilty. Lastly, an attorney could argue that the police had no probable cause to stop the vehicle in the first place and that the evidence was unlawfully obtained. In Nebraska, anyone charged with a DWI has the right to a fair and impartial trial, and the burden of proof lies with the prosecutor. A defense attorney can provide assistance in exploring the potential defenses available to the accused and presenting the best possible case to fight the DWI charge.
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