York, ME- Actress Sally Struthers has pleaded not guilty to charges that she was driving drunk while in Maine where she was preforming in a play.
Struthers, who is most well-known for her role in 70s sitcom “All in the Family” was stopped by police on September 12th just after midnight and charged with OUI, operating under the influence, according to the Portland Press Herald.
Although Struthers, 65, lives in Los Angles she frequently travels to Maine to perform at the Ogunquit Playhouse.
She did not appear in court, instead she has he lawyer enter her plea of not guilty. Though drunk driving is serious, if Struthers’ is convicted of the charge she could lose her license for 90 days and be required to pay a $400 fine.
Her attorney has been proactive and has already filed a number or motions. One in particular asks that the statements she made to police during her arrest be inadmissible in court.
While it is in the interest of public safety to keep drunk drivers off the road, there are many instances when people are wrongfully arrested and charged with DUI. So people must be aware that they have rights and it is possible to avoid an unnecessary conviction.
In order for a person to stop a DUI conviction, they must be proactive and contact a qualified DUI attorney immediately. If you talk to a lawyer when an event is fresh in your mind you may be able to relate valuable information that can be forgotten over time.
There are several issues which can be raised when building a defense that could stop a drunken driving conviction.
The first effective strategy would be question the legitimacy of the initial stop. Aside from DUI checkpoints, the Constitution requires that police have probable cause before stopping a driver. An officer cannot simply stop you to see if you’ve been drinking they actually have to have reasonable suspicion, meaning they’ve observed you violating traffic laws or observed erratic driving behavior such as speeding or inability to maintain lane.
One of the most effective DUI defense strategies is to question the validity breathalyzer test results. Breathalyzer test are meant to test the amount of alcohol in the breath deep in the lungs. However, this test often picks up alcohol in the mouth and throat and reads it as breath in the lungs. This can give a false reading, indicting a drivers is above the legal limit even when they aren’t drunk.
Breathalyzers can give inaccurate readings if they are not regularly maintained. They require frequent recalibration which can be overlooked by a busy police force.
Field sobriety tests are frequently inaccurate. There are many factors such as age, weight, medical conditions and even the types of shoes the person is wearing that give an officer the impression that a detainee is drunk.
In studies the three most commonly employed field sobriety tests, the horizontal eye nystagmus, the walk and turn and the one-leg stand have shown to be inaccurate in determining intoxication. The one-leg stand has a 35 percent error rate and the walk and turn has a 32 percent error rate.
Other non-alcohol related factors can lead to a wrongful DUI arrest. Nervousness, anxiety or feeling intimidated can give police the impression a driver is intoxicated. Weather and road conditions can also effect a person’s driving ability.
These are just a few weapons in the arsenals that knowledgeable attorneys will employ to help you beat a DUI conviction. The circumstances of every arrest vary so it will left up to your legal representative to determine which strategy to use in your defense.
