When your traffic stop goes horribly wrong, you don’t want to have to hire your own lawyer. But sometimes that’s what you do. The DA’s office may offer to replace the officer with a private attorney. Most DUI lawyer firms will provide the district attorney with a list of outside qualified and experienced lawyers for on-the-spot arrangements. When you feel the need to hire your own attorney, understand that it’s a bad idea. A poorly thought out DUI defense or a poorly thought out attorney can be catastrophic to your case. If you can’t afford to hire your own attorney, you have an option other than the court: the jury system. If you’re prosecuted in criminal court and convicted, the defendant has the right to choose a jury of peers. The jurors can then weigh all the evidence, along with their own subjective ideas and feelings about the case, to reach their own verdict. However, this only occurs if the jury finds the defendant guilty of the particular crime that the court listed as a crime that you can be charged with.
Your self-defense claim has the highest burden of proof. If your DUI defense claim doesn’t win the day, it may become a very difficult case to win. It’s possible that you may even be charged with more than one DUI crime. And when that happens, you’re on the hook for all the defendants in the whole case. The very fact that you were arrested for one offense and pled guilty to another offense may be a major aggravating factor in your second DUI trial. The lawyer for a DUI conviction is going to have to prove a substantial level of fault or negligence on the part of the arresting officer, if heshe is going to be successful in appealing the conviction. The DUI lawyer will have to use a lot of strategies to win a DUI conviction. In fact, a lot of people have had their charges dismissed due to a complete lack of evidence andor improper tactics used by the state’s attorneys.
Culpable negligence is a major factor in a DUI case. Prosecutors may suggest that you aren’t responsible for any accidents you cause because you didn’t realize you were impaired. This view is based on the legal standard called “contributory negligence.” Generally, a person is only liable for their own negligence if they were at fault. An exception is when the negligence was a result of a legally established duty, as is the case in DUI cases. There are numerous contributing factors that can be used to prove that you were at fault. Common examples are giving the steering wheel a good shake, failing to wear a seatbelt, and failing to use your turn signal. Even if you are innocent, many local DA’s offices will charge you with DUI regardless. As long as the offense is a felony, a successful DUI defense is very unlikely. But that doesn’t mean it won’t happen. Because DUI law is so broad, you should never assume that the severity of the charge will be consistent throughout the state. A prosecutor can dramatically change the charge and charge the same individual with a different crime if it makes him or her happy. Sometimes the best thing you can do to ensure your DUI case is disposed of correctly is to hire an experienced DUI defense attorney who can help you plan for the long haul.
The Legal Background
The police officer who arrested you may be aware of your prior DUI convictions. If not, he or she may have been told that “no matter what” you had already served your suspension period. Your DUI lawyer can seek to impeach this statement by relying on. The evidence in your case that you were driving after you had consumed alcohol. Other cases in which similar claims have been brought against a suspect. If the arresting officer knew that you had a prior DUI conviction, then that makes your prior conviction on the basis of the arresting officer’s testimony potentially eligible as a legal reason why you should be convicted of DUI.
Elements of a DUI Accusation
The elements of a DUI charge are as follows: You were driving while under the influence, or, more specifically, the drug impairment was so great that the motorist’s faculties were impaired.
Driving was under the influence.
To be found guilty of DUI, a prosecutor needs to establish beyond a reasonable doubt that the defendant was under the influence of alcohol or a drug. Drugs and alcohol are legally defined by the federal Controlled Substances Act of 1970 and its implementing regulations. Other states have their own statutes that fall under these federal regulations. Unfortunately, most state laws are silent as to whether a drug can or cannot impair a person’s ability to drive safely. It is ultimately up to you to decide whether any drugs have impaired your driving. Your best bet is to have your attorney bring you a competency examination. Also, keep in mind that every state has different laws regarding DUI sentencing. Unless you are facing a vehicle violation such as speeding, driving without a license, or other serious traffic offense, your DUI charge will probably result in only a short period of driver’s license suspension. This allows you to successfully defend yourself against the charges. Applying for a DUIDWI Suspension The legal guidelines for a DUIDWI suspension are as follows: The actual suspension period varies depending on your state. If your state suspends your driver’s license without court action, then you may be able to request a court hearing and modification of the suspension date. Some states require your DMV, or perhaps your insurance company, to request that your driver’s license be suspended. If your license is suspended, it may take a few weeks or more for the DMV to notify the court that your license has been suspended.
