Driving under the influence is a strict liability offence, this means that the District Attorney does not need to prove that you acted with a culpable mental state. A culpable mental state is the intention you had while driving under the influence; it does not matter if you intended to commit the crime in question or not.

4 FACTS that Can Help Your DUI Case

• There must be at least reasonable suspicion for the traffic stop.

An officer needs reasonable suspicion for the traffic stop.  If the officer can’t provide testimony about objective facts that arise to the level of reasonable suspicion, then the evidence of the DUI after the stop can be excluded. Typically, a traffic infraction, such as speeding, is fairly easy for the officer to support, and the officer will be well-trained on how to provide such facts.  However, it is important to know that if an officer mentions a factor such as race or a “gut-feeling” as to reasons for a stop, those are not objective facts that can support reasonable suspicion.  

• You can challenge the officer’s conclusions.  

An officer’s testimony about your performance on the field sobriety tests can rebutted or discredited.  For example, an officer’s testimony about performance on field sobriety tests can be undermined for a variety of reasons specific to your case:  If  ground wasn’t level, if the place that the tests were being administered as poorly lit or unsafe.  You can ask the officer about each aspect of every test to question whether the test administered properly.  You can suggest other reasons for adverse results, such as health conditions of the driver or other innocent reasons that could impair ability to balance, etc.

• You can challenge the breathalyzer results

Another factor that people overlook in a DUI case is the breathalyzer test results. If a police officer has reasonable suspicion he or she can ask you to take a sobriety test.  First, you have every right to refuse to take the test, but this will result in an immediate suspension of your license.  You can question whether the machine was calibrated and maintained properly by requesting and examining those records. You can scrutinize the tester’s qualifications and whether the proper steps were taken in administering the tests.  Don’t just assume that the breathalyzer results are impeachable without first looking at the records and the steps involved.

• Involuntary consumption is not illegal

If by any chance your consumption was not voluntary then that could provide the basis for a defense. For example, if you were handed a drink that you thought was soda pop, but was actually vodka then you can use this as a defense! It is a rare case where an involuntary consumption situation will have occurred, but if that is your circumstance then that should certainly be considered.  Keep in mind that your  driving skills could be impaired due to other influences, such as prescription medicine, which can also be used as a defense.

If you find yourself in turmoil with a DUI case, keep the above facts in perspective and equip yourself with a competent DUI attorney.

Sources

http://duiwise.com/how-to-beat-a-dui/#field-sobriety-tests

http://dui.findlaw.com/dui-charges/elements-of-a-dui-offense.html

Whether you are facing charges or pressing them, you need a good lawyer by your side to help you navigate the legal proceedings. If things are not going well at court, you may have hired the wrong lawyer. Here are five signs that indicate that you might need to find new legal representation.

1. They Do Not Pick Up The Phone

An attorney who doesn’t answer your phone calls or emails is simply not paying attention. Frankly speaking, if getting ahold of your attorney is getting increasingly difficult, this indicates that your case is not at the top of your attorney’s priority list, or that he/she is avoiding you as he/she is uncertain how to handle your case. They might also be avoiding you because they are busy with a more lucrative case. If your attorney is in court or preparing for trial, you may not get a call back right away. But your attorney should get back to you as soon as possible.

2. They Are Usually Late

“Justice delayed is justice denied.” This is a common slogan competent lawyer’s live by. If your lawyer is missing court deadlines, this will damage your case, and by the time your case is decided, it might be too late. The legal system takes time to reach a verdict as the judge has to consider each and every aspect of the case to ensure that everyone’s rights are upheld. If your lawyer misses deadlines or hearings, your case will be decided in a much longer time span. This will also increase your over all litigation costs.

3. They Are Difficult To Work With

If your lawyer is difficult to work with due to his attitude, this is a major red flag, as your case depends on how well you communicate your situation to your attorney. If your attorney uses a condescending tone, you need to find new legal representation.

4. You Can’t Get In Touch With Any of Their Previous Clients

If your attorney refuses or avoids providing you with a valid reference, this indicates that his previous clients are not content with his work. A competent attorney will proactively provide you with multiple references.  Ask people if they have ever heard about your attorney, as this will give you an idea about his or her reputation. Also check your attorney’s website and if you can’t find any client reviews, you should start worrying. You should also Google them and try to see what people are saying about them online.  

5. Their Promises Are Too Good To Be True

If your attorney keeps promising you that the success of your case is inevitable, beware. Professional lawyers always tell their clients how they are going to get the job done, but at the same time they will inform their clients that due to the complexity of the legal system, promising an outcome will be unethical.