Given that people commit crimes for various reasons, some judges lean on their sympathy and give a lesser punishment to teach offenders their mistakes.
However, if you have committed another crime like driving under the influence (DUI), it would be better to start looking for second DUI lawyers.
Seek immediate legal assistance
This is general knowledge, but it’s worth noting that some people often forget to contact their lawyers due to shock or fear of their current situation. Although that’s understandable, you must reach out to a lawyer as soon as possible because it is within your rights to have legal representation to defend your case.
Don’t forget that attorneys are educated in the judiciary system, so they’re likely well-versed in the condition of your case. If you’re lucky, they might as well have the ace in getting you out of punishment.
Penalties for recidivists are usually severe, which means that you could face longer jail terms because of your past criminal records. Thankfully, there are several arguments that your defense lawyer could make. And some of them are the following:
1. Proof of physical control
A DUI case typically requires that an intoxicated individual is in actual physical control of the vehicle to prove they have violated this law. A few common situations of someone passed out in the car, or the vehicle was incapable of moving or crashed protects people from being charged with DUI.
So if a person can’t put the vehicle into motion, they are free from having actual physical control of the said vehicle. And six vital factors are being considered for identifying if someone is guilty of DUI or not.
Mainly, these are:
- Where’s the defendant’s vehicle was located
- Where the ignition key was located and whether it was in the vehicle itself
- If its engine was running or not
- Where was it parked, and how they got it there
- Whether it was disabled, such as being stuck, couldn’t be operated mechanically, immovable, or broken down
- How quickly did the defendant treated the disability of the vehicle
If your attorney could make a way to disprove that you weren’t in control of the car based on the stated above, then your case would be dismissed in your favor.
2. Probable cause is lacking.
Any law enforcement must have valid grounds for halting, detaining, and impeding a drive.
Most cases of traffic stops start with investigatory detentions that could then result in a full-scale arrest depending on the situation. Yet, police must abide by particular standards between each interaction to guarantee that all obtained evidence was taken lawfully.
Failure to do so would classify them as suppressing evidence.
To appeal that they have probable cause to detain someone temporarily means that they have found suspicion on the person’s activities. It could be the suspect that they are planning to commit the crime or have committed it.
Moreover, if the appeal was because they caught the individual in the act doing the crime, then that’ll be an objective basis on the part of the police. Lacking substantial proof would cause the case to be rejected.
3. Alcohol tests
To prove that you were indeed committing a DUI, police would be required to present evidence supporting their claim. As the defendant, you must keep in mind that sometimes, an officer’s interpretation of your state during the incident might have been caused by misunderstandings.
With this in mind, a chemical test of blood alcohol concentration may have resulted in potential complications. Once your lawyer could prove that the results were dubious, you could receive a reduced sentence or a dismissed case.
Other than this, testing your urine, blood, or breath while drinking alcohol poses a defect to your final results. It’s worth noting that it would take you three hours to complete the absorption process of alcohol.
Thus, the scene creates doubt on the prosecution case, giving your attorney the chance to disprove the charges against you because your BAC results were incorrect.
It’s never a good idea to repeat offenses. However, it doesn’t warrant that you shouldn’t get the odds to defend yourself. So, keep in touch with the best lawyers and stay away from trouble as much as possible.
