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.

Sure, every attorney goes to law school and passes the bar, but what separates an average attorney from a great attorney, and how can you be sure if you have a great attorney? Here are four ways to know you have picked the right attorney in Vacaville.

Speaking and Listening Skills

A great lawyer needs to be able to communicate effectively with a wide variety of people including: judges, police officers, bankers, accountants, other attorneys, and a host of others. 

However, the most important people person for your attorney to communicate effectively with is you. A sign that you have a great attorney is feeling comfortable enough to share everything necessary to your case with them. In addition to sharing on your side, a great attorney will always have complete openness with you and let you know about best case and worst case scenarios for your situation as well as current and evolving strategies.

Good Negotiation Skills

A great lawyer will be a master of negotiation. In addition to arguing your case before a judge either in or out of court, your lawyer will also be negotiating on your behalf. This negotiation can be just as important to your case as evidence for or against you. While the evidence presented may or may not be in your favor, a great attorney can negotiate a jail sentence to probation, or probation to community service in a criminal case, a favorable resolution in your trust litigation case, or a fair division of assets in a divorce case.

Investigation and Research Skill

An attorney may not be a full-time investigator, but he or she will most definitely do their own research and investigation into your case and similar cases to decide on the best strategy to get the best possible outcome. This could include looking into inconsistencies with drug test results for DUI or drug related cases, or discovering secret accounts that your spouse had been hiding during your divorce. Great investigation skills make for great results throughout your case and could mean the difference between jail time and a dismissal or thousands of dollars in spousal or child support.  

Results

A great way to be sure you have a great attorney is to do your own research into their firm and see if they have had success in cases similar to your own. This will also help you realize you are hiring a great attorney by showing you how they have helped clients get charges dropped, cases dismissed, restraining orders granted, and custody awarded, for example. While each case is different, and your results will depend on the facts of your individual case, your attorney should be prepared to fight for the best possible results. 

While no two cases are identical, knowing your lawyer’s previous success rates, being able to comfortably communicate with them and knowing their background and legal skills will give you great peace of mind throughout the duration of your case.

Preparing for your first day in court can be emotionally agonizing and exhausting. However, with all the preparation and planning you’ve done with your legal counsel, you may still feel apprehensive, nervous and completely unprepared in the several days or weeks leading up to your first day in court. To ease the burden and give you peace of mind, here are several things to consider before you step into the courtroom.

Understand how the law falls in your favor

Even if you are facing criminal charges, there are many circumstances where the law can actually help your case and may even lead to an acquittal instead of a conviction. Circumstances following your arrest, such as improper police conduct, evidence tampering, or even things as simple as not having been read your rights can mean that the legal system has failed you. Because of these simple failures, the judicial system will then fall in your favor.  Especially in the days leading up to your trial, go over your case once more with your lawyer, being sure not to leave out even the smallest detail. A detail you didn’t think was important could get your case thrown out.

Know your case from every angle

While your lawyer may have walked you through every step of your argument, you may have found yourself doodling or daydreaming during the part where he mentioned the opposing counsel’s arguments. However, in the days leading up to your court date, be sure to sit down with your lawyer to provide an in depth look at the other side of your case. What information or evidence does the opposition have that can hurt our case? What questions will they ask? What questions will we ask in return? These are just a few of the things to be aware of before your step foot in the court room.

No two cases are the same

Even if your best friend, neighbor or brother has been involved in a similar court case, there is certainly no guarantee that you will have the same experience or a similar outcome. Each case is so different because each state has different laws and procedures, to say nothing of the different judges and lawyers that will be in your courtroom. Judges and juries are human, and they have good and bad days like everyone else. While you can’t control their mood during the trial, you can prepare yourself for every kind of scenario. Your lawyer will inform you of the judge assigned to your case and can research past cases the judge has presided over to give you an idea of his previous verdicts in cases similar to yours so you can both plan accordingly.

Whether you’re facing a criminal charge or are fighting for custody of your children, following these steps can help you be confident, educated, and prepared for your first day in court and give you the best chances for success throughout the proceedings.

Choosing an attorney in Vacaville can be a challenge. While most attorneys promise results with no experience to back up their claims, and other attorneys provide hefty and unexpected fees for their time and work. With so many options to choose from, here are three reasons to select David Knecht for your legal needs.

Proven Track Record

It’s not just the statistics that are speaking to the quality and results from the law offices of David Knecht. Customers are also sharing their experience and praising the firm for their “work and understanding” throughout their legal proceedings. One satisfied client expressed “…Thank you for helping me through that court mess…I was very stressed out for the last eight months but now I feel very happy that it is all done with thanks to you.” These are just a few comments from grateful customers who have been advocated by the attorneys at David Knecht and who most definitely consider him one of the best firms in Vacaville.

A Wide Scope

David Knecht not only has a terrific track record as an attorney, he has a terrific track record in a wide array of legal fields. His firm can help you at several different crucial points in your life from divorce, child custody, juvenile law and estate planning. With so much experience in these fields, you can be sure that you’re getting the best. Having worked as a Police officer and detective for 13 years prior to becoming a lawyer, he has an invaluable knowledge of the legal system as seen and executed by the prosecution during DUI, criminal and juvenile court cases.

The Best Possible Result

No matter your case, the law office of David Knecht have one goal, and that is to get you the very best result possible. Whether a simple matter of estate planning and drawing up a living will, or seeking custody of your children after a divorce, David Knecht fights with you every step of the way. In the cases of Criminal court, the best possible result could be an acquittal of all charges and in the case of guardianships or child custody battles the best possible result would be getting the support and custody you desire, as well and providing arrangements that are in the best interest of the children.

So No matter what stage of life you’re in, for all your legal needs, David Knecht is the way to find the way to get your case resolved in the most efficient and fair way for you, your family, and all those involved.

No matter the reason for your current legal problems, one of your biggest challenges could be finding the right attorney. With so many out there, you may not be sure what sets them apart from one another, and exactly which type you need. However, whether you’re looking to get compensation for an injury you sustained during a recent car accident, or are trying to defend yourself in a DUI case, here are three important things to look for in the right attorney.

Experience

The first thing to consider when looking for the right attorney is their experience. However, not just any experience, experience with cases just like yours. Many firms take on all sorts of cases from civil cases to tax evasion, but what is important is that your lawyer knows all about the law and your rights in your case. When researching attorney’s online, check their recent track record for successful cases like yours and one or more attorneys that have handled similar cases. It can be helpful for your attorney to have an in house resource if your case gets a little complicated.

Fee Transparency

No one likes to be surprised by the bill they receive at the end of any service. One of the single most important things to look for in an attorney is complete transparency when it comes to legal fees. Many lawyers provide a free initial consultation to discuss your case, but the rates after that may vary greatly. Other lawyers charge fees right off the bat, which may dissuade you as a client, but their fees and rates following the initial consultation may be lower than competitors. Whatever the rate or method of charging fees, what is most important is that you as a client understand the fees from the start and are informed of any additional fees that come up throughout the duration of your case.

An open line

While you may not be the only case your attorney will have, having an open line of communication should help you feel like your case is important to your attorney. Promptly returning calls early on in your vetting process is a great indicator of how open communication will be throughout the duration of your case. Not only is good communication important for your own peace of mind, but also to keep you updated on your case, any upcoming legal proceedings and the outcome of their research and work.

If you have legal problems and are looking for an Vacaville attorney, please be sure to give us a call.