These days there can be dramatic increases in penalties for driving drunk on the road. The rules are becoming more and more strict and all for the benefit of humanity. The rise in the air polluting vehicles and accidents resulting in deaths need to be reduced so that everyone can travel safely on the road until safer enforcements for driving are manufactured.
Hence, it’s totally understandable if you’re stopped on the roads for driving unsafely by law enforcers and asked to take a test. However, if that test comes out positive and you aren’t at the fault of drunk driving, being taken to jail due to it can be unfair. Even if you got to have a bit before driving and were steering safely while obeying traffic rules, getting detention for it can be prejudicial.
Even if a person is arrested for a DUI or DWI charge, there are many ways that people have and can get out to if. However, it can also depend upon the severity of the case. In the chances of a misdemeanor or hit or run, there is no chance of bail.
If you think you’ve been put in jail for an unreasonable claim by some officers, which happens a lot, make sure to equip up for getting out of detention safely. You must learn how to defend yourself against this case and fight for your rights and your name getting clean. The following guide can be one of the things that can help you get out of the wrongful crime case and a dependable lawyer another. Read on!
What is a DUI Charge?
A DUI is short for driving under the influence and is a charge that can result from the sobriety test coming out false or through the judgment of the police of the driver. If a driver shows symptoms of being under the influence of drugs or alcohol, he/she can be arrested by the police for DUI. However, this kind of arrest can easily be proved wrong in court if there was no substance use.
The consequences of a DUI can be severe, depending on the effects of driving or the US state. You can be evicted of your license, put on probation, serve jail time and community service, pay higher car insurance rates, and more. There can be a lot more that may or may not be included in your sentence for a DUI, starting with a license suspension. That’s why it’s always good to get help from a solicitor or attorney anytime you are convicted of such a crime and not make any rash decisions yourself.
What You Need From a Lawyer
Every wrongful crime attached to an innocent individual needs to be taken to court for getting justice against the wrong judgment of a police officer. Looking at the vast history of wrongful verdicts and punishment of unconcerned people to the case and how they served time in jail in the country, staying quite in a jail cell and serving time won’t be justice on oneself. Even if the crime was committed in a slight manner, the penalty for the DUI is significant enough to succumb to. For this, you will need an expert lawyer that understands you well and has most of the following features of handling a DUI case:
Law Knowledge
When looking for a proficient lawyer to take on your case, you need to narrow down to find one who has expertise in it. Lawyers never practice a cluster of different laws; rather, they are well-versed in one or two. For this reason, it’s only helpful for you to choose a familiar Orange County DUI lawyer. Make sure to get reviews on different agencies in your area and find a lawyer who has something to back up his professional claims.
Skill in the Area
Any DUI lawyer would work when you’re in a hurry, but you need to check first if the lawyer has enough skills to assist in a complicated case as well. Find an attorney who has experienced an issue similar to yours and has the knowledge and abilities to get you out of detention swiftly. Your lawyer should be able to ask you comprehensively about your case through extensive questions and sessions.
Information
Every lawyer has substantial information to provide their clients with their previous cases. They will understand the nature of your case better than you if they are really experienced in handling DUIs. When dealing with a lawyer, they will have to do more talking than you as a lawyer has quite a lot of information regarding taking a case rationally. A proficient attorney will tell you how to handle the case in the soundest way, not to make it worse.
Communication
The most valuable out of all the traits of a good lawyer should be constructive communication. They should be able to clearly and attentively communicate with you. A thorough attorney always makes a few sessions with their clients to get the whole scenario and make things clear for you. They should also be professional enough to make conversation comfortable between the two of you and create friendly grounds to develop understanding and a casual lawyer-client relationship.
Best DUI Defense Tips
Although most of the detail can be supplied to you by your lawyer on how to handle your case well in court and come out of it clean, having a little knowledge of it yourself won’t hurt and make grounds for solving issues quickly. You will also be able to know if your lawyer is giving the right advice or not.
The following are some defense tips that can help you efficiently work your way out of a DUI case, whether wrongful or not.
The law can be bent from both sides, so you have to be careful and have all the information you can find to help yourself. Keep reading to get enlightened on how to reduce your penalty or end it all for once:
The bad traffic stop
When a driver on a public or residential road is obeying every traffic rule and shows no sign of wrongdoing or provides suspicion, a police officer has no right to disturb his/her drive. If a police officer provides no reason for making you stop midway through your journey and goes on to ask for your license, they are not following the rules. When this is the case that you were stopped in your drive, you can represent it in court and place the blame on them. The judge will rule out the fault on the law enforcer’s side as well and may reduce your penalty.
Gather Witness Testimony
There are always witnesses in a criminal case. In this case, these can be your passengers as well or any bypasser. It will help your situation if you are to get their testimonies and present them in court with yourself. Their testimonies implementing that you actually did not have anything to drink or used a substance that had caused you to drive unsafely. Or that you were, in fact, not driving dangerously or emitting any traffic rules when you were stopped.
Violations by Officers
Law enforcers rarely obey all the rules when dealing with a suspect and tend to take actions that don’t get acknowledged by the offended as violations. When stopped or warned not to make any movements by police officers, suspects usually obey orders and submit. This is advised for their safety, but the officer doesn’t have the right to tell the suspect what to do without a trigger from them or their behavior. Hence, if you can prove this behavior violations by the police officers, you can exclude all the evidence they have against you and get out of court by clearing your name.
Not Abiding by Proper Testing Procedures
For ruling out a DUI, police officers are needed to take special measurements by the law. These steps have a setting for the occurrence and should not be forced on a suspect unless otherwise told. The law enforcers are provided testing kits and devices that help them test suspects for the level of a substance in their system.
If the apparatus isn’t maintained right or miscalibrated, you can turn the fault on them. But even when the proper device is used, sometimes the test results can be untrue as breath is the way to rule out substance use. And this method can have flaws and be false. For this taking, a proper blood test is needed to be known for a fact that there wasn’t any substance use or alcohol consumption, and the substance in breath was something that was not harmful.
Conclusion – Avoid These Mistakes
Now that you have most of the information needed for knowing your rights and ways you can handle the case, you need to make sure that there is no mistake on your part. Your lawyer can help you out as much as they can; the rest depends on you for rectifying your case correctly in front of the jury.
For one, you must never until the end admit to anyone you were at fault or, in fact, committed a DUI. Your statement can be recorded or extracted from different sources like a call or social media to hold it against you. In such a situation, even your lawyer will not be able to help. The second thing to do is get counseling as soon as you enter the detention. Use your family, friends, or lawyer to get advice on your case. Instead of giving away any statement or behaving rashly, allow people to calm you down and get advice on what to do next.
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