Issues that You should Look Out for during DUI Trial

After your DUI arrest, the next concern you have is on how to make yourself ready for the legal consequences you will be confronting during and after the trial; but, prior to which, what can you really do when you seem so defenseless or there being no help available on your apathetic side? The ostensible recourse is to hire a defense attorney who is neither an efficient alternative nor the best means to eradicate any liability stipulated on the unlawful conduct that you did  and in order to fight your DUI . Contrariwise, your hope for acquittal could just be enlightened if you are wise on looking out for the potential issues which can serve as your main armor against the explicit intention of the prosecution to convict you beyond the reasonable doubt of the court.

Nevertheless, before any doubt could be established, you always have the opportunity, through your counsel, to present relevant evidences as to the facts of the case, the laws involved therein, and the violations done by the police officers during your arrest. Neither of the three, however, could be effectively employed when you are oblivious of the things which you must determine to be able to successfully counter any allegation or accusation against you. Thus, you should be meticulous enough in ascertaining and recording any essential detail about the entire story of your arrest. For instance, when you were unlawfully stopped and searched by the law enforcers, then you should have it recorded so you can properly invoke your rights against any misconduct of the agents of the state, and utilize the same as evidence during the trial.

It seldom happens, however, that the violations of the state agents were successfully employed by the defense party to twist the law and the verdict of the judge; hence, as a consequence thereof, the case leads nowhere else but to the agony of the accused who is obliged to compensate his offense through fines and incarceration. This consequence could have been possibly lessen or eliminated when the defense had evaluated and utilized the following trial court issues in favor of the accused:

• Failure to Prove DUI – if the prosecution's evidence is insufficient to prove the guilt of the accused, then the presumption of innocence of the accused would certainly outweigh the mere allegations of the authorities. Yet, even if the defendant admitted as true some accusations during the interrogation, that fact alone cannot put him under the custody of law, or neither can he be fined nor jailed. Thus, the goal of the defense attorney in every trial should always be to counter any allegation unsupported by facts so as to establish in the minds of the juries the innocence of the defendant.

• Inconsistency of Statements by Police Officers – when the statements of the police officers are inconsistent from the commencement up to the last stage of the trial, then it can be a good ground for the defense to assail the reliability or credibility of his statement as an arresting officer or witness against the accused. This can also be considered as one vital proof that the defendant deserves to be acquitted because there was violation done by the officer against the rights of the alleged offender during the arrest.

• Arresting Officer's Disciplinary Record – the disciplinary record of the police officer is another evidence which the defendant's attorney could utilize to prove the accusation against the injustice the former has committed against the accused such as not having him informed of his rights, or stopping him along the way without any valid reason or suspicion. Hence, if such proof is well-established, then the credibility of the officer would be in the dim light during the trial which may then trigger doubt to the juries.
• Failure to Provide Speedy Trial – if an accused is not given a trial within a specific time because of the consistent delays of the court, then it is a legal ground for the dismissal of the case without prejudiced to the allegations of the police officer. For this reason, the defense counsel should always take it as one serious duty in filing a dismissal request due to the delay of the case.

The liabilities imposed by the law for DUI offense are really tough to extinguish, but with a well-experienced defense attorney who knows how to fight for the injustices against the accused, there can be no reasonable doubt which the prosecution can speciously establish.

If you're involved in a DUI case, then now is the time for you to have our competent legal service. Contact us!