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A Poor Driving Pattern Does Not Prove Intoxication

In a driving under the influence case, a defendant’s driving behavior can sometimes be one of the most important issues the prosecution can try and use to secure a DUI conviction. Driving patterns like driving too slow, speeding or drifting in and out of lanes are some examples of driving behavior connected with drunk driving. However, poor driving skills or even distraction does not automatically prove that a driver was under the influence of drugs or alcohol.


A sober driver can make mistakes. In fact, often times many of these driving issues have nothing to with alcohol consumption. Drivers of all ages and can commit traffic violations like speeding, missing a stop sign or unintentionally veering from their own lanes. That is why it is important to remember that if you automatically find yourself facing a charge of DUI, you should not automatically accept a plea offer. A plea deal could result in license suspension, jail time and/ or fines. Nor should you automatically think you will be convicted of DUI. Instead, consider what could be done to fight your DUI charge.

A Los Angeles County DUI lawyer who is experienced in DUI cases is the type of attorney you need. He or she will challenge the prosecution's physical evidence and witness testimony. If the prosecution tries to present a case against you based on your poor driving behavior, your lawyer may have strong evidence to attack their “evidence.”

Sober Drivers Commit Most Traffic Violations

If you are charged with DUI, one way that the prosecutor may try to prove that you were driving under the influence is by having the arresting officer testify. He or she will testify for the most part that you were driving in a way that was consistent with a person driving drunk or drugged. This is the most effective strategy if the police officer observed you committing a traffic offense like weaving or speeding. However, careless driving or committing a mere traffic offense does not prove that you were driving drunk. You may be guilty of distracted driving or bad driving. However, those two driving behaviors are not the same as drunk driving.

It is your defense lawyer’s responsibility to use every possible angle in an effort to disprove your DUI charges. This includes cross-examining the arresting officer. During cross-examination, it is vital that your DUI lawyer bring out the fact that the large number of traffic violations are committed by sober drivers. In fact, there could be a perfectly good reason why you were driving poorly. For instance, you were reaching for an item in your glove box and took your eyes off the road temporarily. This information could be used to discredit the arresting officer’s testimony and poke holes in the prosecution’s case.

Are you interested in finding out more regarding a DUI charge in California? Do you need to talk to a lawyer about the steps to take to protect your future and freedom from a DUI conviction? Contact the Law Offices of Jonathan Franklin today. We will provide you with a confidential consultation that is free of charge. We are a law firm that aggressively fights DUI charges all across the Los Angeles County area. We are ready to fight for you.

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Jonathan Franklin DUI Attorney
6777 Hollywood Blvd Ste 508
Los Angeles, CA 90028