How to Fight Your DUI ( A little off topic)
When a person is arrested for DUI, it is important to know what the prosecution can prove. A dui attorney is
critical for this determination. The police report may contain information that will allow your lawyer to challenge whether or not the stop was legal. You were probably given what are known as field sobriety tests, or tests to determine how well in control of yourself you were at the time of the stop. There are a wide variety of these tests, and in most cases the individual officer may choose the tests he or she wishes to give. There is abundant literature available to your DUI attorney suggesting that any one of these tests is not valid in determining your coordination. For example, one of the tests is to raise one leg for a period of time determined by the officer. One officer might make 10 seconds sufficient, while another might require 30. In court your DUI attorneys can show that even a young physically fit officer has a difficult time performing this test.
You probably took a chemical test to determine your blood alcohol level. These tests are either taken via blood, breath, or urine. The most common test is the breath test. Many different types breath testing machines are used in different jurisdictions. Some of these are more accurate than others, and all of them are susceptible to failure when not being operated or maintained properly. Your attorney will have access to that information. If you decide to enter into a plea bargain rather than go to trial, you may find that there is a standard offer if you wish to plead guilty. There are minimum statutory requirements, and then there are individual policies of judges or prosecutors. Your attorney will be able to use information to minimize these punishments. Your attorney will know what is possible as well as what the weaknesses in the prosecution’s case are. Ultimately your decision on whether or not to proceed to trial must be based on a valid analysis of the facts. If you decide to proceed to trial, in most cases, the penalty imposed in the event of a conviction will not be enhanced because of your decision not to plead guilty.
Roko Law | Criminal Defense Division
Rosengren, Kohlmeyer & Hagen Law Office Chtd.
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