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Drunk Driving Defense – 3 Proven Strategies for a Defense Lawyer

12/4/2017

2 Comments

 
A skilled drunk driving defense attorney may have hundreds of strategies to use while representing your DUI case. These employed strategies usually depend on the evidence and facts which surrounds the allegations or the arrest.
While there can be many strategies to handle a Driving under the influence – DUI case, in this article, we will look at the three commonly employed strategies by a defense lawyer.

Unlawful retaliation for acting rude
Regardless of the situation, being rude or aggressive with a police officer is never recommended. However, if you just acted in a rude or disrespectful manner, this cannot be a proof of your drunk driving or of you being too drunk. Hence, if you arrested just for being rude then this justification of arrest will not hold up in court.

It’s difficult for you to endure situations of stress
People who face difficulty in staying calm during stressful conditions, may stress out during a DUI stop or arrest, and this behavior may throw them over the edge. The majority of times the reason behind the arrest of such people is the anxiety and stress of the individual, which makes the officers  mistake them for being too drunk to drive.
Since the person become so anxious about the situation at hand that he/she starts to act strangely. But fortunately, your inability to endure such stressful situations can never be used as the proof of you being drunk.

The officer failed to conduct an observation period
​Some state laws require the officers to observe the person for at least 20 minutes before conducting a breath test. The duration of this observation has to be almost 20 minutes. This is ensuring that the person did not drink or eat any stuff that would potentially invalidate the results of breathalyzers. Hence if an officer fails to conduct this observation period, it proofs invalidation of breathalyzer results and cannot be used as evidence against the person.
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The Role of a Qualified Criminal Defense Attorney

11/16/2017

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When you face a hefty criminal penalty or prison time, you search for only the best criminal defense lawyer. Since not all the criminal cases are the same, the professional lawyers are trained to catch the unique aspects of each presented case.
They hold great expertise to either mitigate or even completely negate the potential crime altogether, by spotting certain aspects or arguments in a case.
In simple words, a criminal defense attorney is a lot more capable than calling witnesses in the defense of case or assessing the witnesses of the prosecution. Your defense lawyer is capable of;
  • Negotiating a deal with the prosecutor or you; the deal which is also called a ‘plea bargain’. A bargain that helps in eliminating or reducing the sentence or all the brought charges against a person.
  • Figuring out the good sentence program considering your case situation. For instance, your lawyer may suggest for you 6 months of prison along with 3 months of drug treatment program, instead of 10 months in prison right away.
  • Helping the subjected criminal with the emotional stress that comes with criminal trials. Defendants in criminal prosecutions usually feel depressed, embarrassed and fearful and may suffer from anxiety or low-self esteem
  • Providing the subjected person a reality check. Since a professional lawyer knows a lot more than you while attending criminal trials, these attorneys can easily be objective throughout the proceedings and provide great insight in terms or trial proceedings and what to expect in the future. Such insights are usually helpful when a criminal defendant is unable to decide if the plea bargain should be accepted or not.
  • Pointing out major regulations or rules which you, being a criminal defendant, fail to realize. For instance, if you represent yourself in a case, you would not know if the search of your house was even legal or unlawful.
Nonetheless, a professional criminal defense lawyer can not only make things easier for you but you also get a chance to improve the chances of winning your case.
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  • Home
  • Pushing The Limits
    • Testimonials
    • Recent Victories >
      • Results
  • Fees
  • Areas Of Practice
    • Criminal Defense
    • Drunk Driving Defense
    • Veterans
  • Attorneys
    • Christopher L. Hartley
    • Annette (Nettie) Rauch
    • Jessica Birmingham
    • Abigail Doweiko
  • Know Your Rights
  • Contact