1. Challenging the Legality of the Traffic Stop
One of the first aspects Cullen examines in a DUI case is the legality of the traffic stop. Law enforcement officers must have a valid reason to pull you over, such as suspicion of a traffic violation or criminal activity. If the stop was conducted without a reasonable basis, any evidence obtained afterward may be deemed inadmissible in court.
Defense Approach: Cullen reviews dashcam footage, police reports, and witness statements to assess whether the stop was justified. If not, he can file a motion to suppress the evidence, which may lead to a dismissal of charges.
2. Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are commonly used to measure blood alcohol concentration (BAC), but they are not always accurate. Factors such as machine calibration, maintenance issues, or improper administration can affect the results.
Defense Approach: Cullen investigates whether the breathalyzer device was properly calibrated and maintained. He also examines the training and procedures followed by the officer to ensure the test was conducted correctly. Any issues with the breathalyzer can be used to challenge the reliability of the BAC evidence.
3. Examining Field Sobriety Test Procedures
Field sobriety tests (FSTs) are often used by police officers to assess impairment, but these tests can be flawed and subjective. Physical conditions, environmental factors, and even anxiety can impact a person’s performance on these tests, regardless of alcohol consumption.
Defense Approach: Cullen scrutinizes the administration of the FSTs to identify any errors or biases in the testing process. He may argue that the results were not a fair or accurate representation of impairment, which can weaken the prosecution’s case.
4. Arguing Against Blood Test Results
In some DUI cases, law enforcement may administer a blood test to determine BAC. While blood tests are generally more accurate than breath tests, they can still be challenged based on how the blood sample was handled and processed.
Defense Approach: Cullen examines the chain of custody for the blood sample and the lab procedures used for testing. Any contamination or mishandling of the sample can be grounds for disputing the BAC results.
5. Highlighting Medical Conditions or Other Explanations
Certain medical conditions, such as acid reflux, diabetes, or hypoglycemia, can cause false positives on breathalyzer tests. Additionally, some prescription and over-the-counter medications can mimic signs of intoxication.
Defense Approach: Cullen works with medical experts to demonstrate how these conditions or medications may have influenced the test results. This approach can help cast doubt on the prosecution’s evidence of impairment.
6. Negotiating Reduced Charges or Alternative Sentencing
In cases where a dismissal is unlikely, Cullen can work to negotiate reduced charges or alternative sentencing options. For example, he may be able to negotiate a plea agreement that results in lesser charges, reduced penalties, or enrollment in a diversion program.
Defense Approach: Cullen leverages his experience and relationships within the Ocean City legal system to pursue favorable plea deals, minimizing the long-term impact of a DUI charge on his clients’ lives.
