It is every person's right to hire legal representation when subjected to any legal complaints against another individual or the state. Not everyone is literate when it comes to the law, which is why having another person acting as your advocate is the best way to go, whether facing criminal charges such as murder or driving under the influence, civil suits or legal family matters. However, it is a known fact that not everyone is able to acquire the best lawyer services. Sometimes, they are short on finances. And in other occasions, they blindly hire people without looking at their credentials or background. DUI for instance is a very simple case. It can be brought down to a misdemeanor and there is a chance for offenders to only be issued a warning when a good DUI attorney is working for them. But with the wrong representation, the case could drag on and you could end up paying a maximum of $14,000 in fine as well as going behind bars for a maximum sentence of 7 years.
Ideally, the law is fair. But depending on how shrewd the prosecution team is, the law can be made to work unfairly and implement punishment that is neither appropriate nor equivalent to the offense made. A DUI attorney is meant to help you avoid mistakes in line with upholding your innocence. And he acts on your behalf when it comes to discounting evidence and defending your rights.
See, not all proof committed during the trial against you is legal or admissible. There are those collected under force, without proper articulation of their basis and actual display of violation that's not upheld by law. Some of them like the field sobriety test, the breath analyser, and blood samples are also subject to inaccuracies, which is why they can't be relied on to prove one's guilt. They could have been tampered or contaminated, thereby reflecting false-positive results.
There are also other possible reasons for observational cues that police officers may raise to substantiate their claim of your inebriated state - like weaving in the lanes, driving slowly or driving fast. But what is interesting to note is that there are actually no rules in the constitution that dictates the first premise to be illegal. And for the second and third, it is possible for you to have experienced a momentary mechanical problem that caused you to drive a certain way. Weather conditions could also be used to defend the client or disprove an eye-witness account.
As offensive tactic, a DUI attorney could also call the court's attention towards the officer's records and question his credibility when it comes to making arrests and conducting tests. He could have failed to pursue proper protocol when pulling over a civilian, provided misleading assurance or have a questionable state of mind during the event, making his observations invalid. His past conduct could also be used to lower his trustworthiness when it comes to assessing crime. And any witnesses the prosecution puts on the stand against the defendant may also be subjected to the same scrutiny and evaluated for any personal vendetta.
Even though there are several points suggesting guilt, a good lawyer will be able to dismiss them as circumstantial and have the case base on very little grounds. To which a jury and judge may offer a more acceptable verdict.
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