Many people wonder what happens after a DUI arrest. That depends on whether or not a Utah DUI lawyer is hired. If a lawyer is not hired, the defendant can expect to have the maximum penalty allowed by law. Even if the defendant tries to plea bargain with the prosecutor, it is highly likely that they or he will get close to the maximum penalty allowed by law. Regrettably, a DUI conviction can have serious repercussions. & that is why most people ought to try to fight the charge with a DUI attorney.
For all drivers, the first DUI conviction will lead to a misdemeanor conviction unless there is a plea bargain to substantially reduce the charge. In order for the prosecutor to agree to reduce the charges to that extent, they or he's to think that the case against the defendant is weak. There is no way that a prosecutor will agree to a major reduction with a defendant that has no legal counsel. Only a Utah DUI lawyer can demonstrate that the prosecution's case is weak.
After the Utah DUI lawyer is hired, they or he will start looking for weaknesses in the case. The lawyer will need to take a glance at all of the proof. For example, the lawyer will need a duplicate of the police squad car's surveillance video recording of the traffic cease involving the client. Also, the lawyer will need all documentation regarding the DUI including breathalyzer results & the maintenance logs of the breathalyzer machine. Then they or he will proceed to start looking for ways to weaken the prosecution's case.
The first area that the Utah DUI lawyer will look at is the preliminary traffic cease. It is necessary for the police to have a valid reason to cease the driver. For example, a busted taillight is lovely justification for a police officer to cease a driver. If it seems that the driver did not break any traffic laws, there may be no valid reason for the police to make the traffic cease. The police car's video camera will usually provide sufficient proof of whether or not there was probable cause to cease the driver. If there is no probable cause, the lawyer will try to get the case dismissed.
Another way the Utah DUI lawyer will try to weaken the prosecutor's case is the field sobriety check. There's plenty of instances when sober people can fail the field sobriety check. For example, plenty of people will fail if the sidewalk is slippery or cold. The same thing is true if the defendant was wearing high heels or other shoes that are difficult to walk with. & the defendant may have medical conditions that make it impossible to pass the field sobriety tests. Although disproving the field sobriety check result is helpful in weakening the case, it won't necessarily lead to dismissal of the DUI charge.
Finally, the Utah DUI lawyer may try to invalidate the breathalyzer or blood check results. For example, the DUI lawyer will check the maintenance logs for the breathalyzer to make positive that they have been maintained and calibrated properly. If not, the lawyer may move to have breathalyzer check results removed from facts. The same thing is true if the police officer failed to make positive that the defendant did not burp in the work of the 15 minute observation period prior to administering the breathalyzer check. A burp may lead to an abnormally high reading of alcohol in the mouth. There's other ways the lawyer may try to invalidate breathalyzer or blood check results.
One time the DUI attorney has had a chance to take a glance at the facts, they or they will try to persuade the prosecutor to diminish the charges by plea bargaining. Or it may be necessary for the defendant to go to trial. The finish result depends on the prosecutor and the weakness of the prosecutor's case.
For all drivers, the first DUI conviction will lead to a misdemeanor conviction unless there is a plea bargain to substantially reduce the charge. In order for the prosecutor to agree to reduce the charges to that extent, they or he's to think that the case against the defendant is weak. There is no way that a prosecutor will agree to a major reduction with a defendant that has no legal counsel. Only a Utah DUI lawyer can demonstrate that the prosecution's case is weak.
After the Utah DUI lawyer is hired, they or he will start looking for weaknesses in the case. The lawyer will need to take a glance at all of the proof. For example, the lawyer will need a duplicate of the police squad car's surveillance video recording of the traffic cease involving the client. Also, the lawyer will need all documentation regarding the DUI including breathalyzer results & the maintenance logs of the breathalyzer machine. Then they or he will proceed to start looking for ways to weaken the prosecution's case.
The first area that the Utah DUI lawyer will look at is the preliminary traffic cease. It is necessary for the police to have a valid reason to cease the driver. For example, a busted taillight is lovely justification for a police officer to cease a driver. If it seems that the driver did not break any traffic laws, there may be no valid reason for the police to make the traffic cease. The police car's video camera will usually provide sufficient proof of whether or not there was probable cause to cease the driver. If there is no probable cause, the lawyer will try to get the case dismissed.
Another way the Utah DUI lawyer will try to weaken the prosecutor's case is the field sobriety check. There's plenty of instances when sober people can fail the field sobriety check. For example, plenty of people will fail if the sidewalk is slippery or cold. The same thing is true if the defendant was wearing high heels or other shoes that are difficult to walk with. & the defendant may have medical conditions that make it impossible to pass the field sobriety tests. Although disproving the field sobriety check result is helpful in weakening the case, it won't necessarily lead to dismissal of the DUI charge.
Finally, the Utah DUI lawyer may try to invalidate the breathalyzer or blood check results. For example, the DUI lawyer will check the maintenance logs for the breathalyzer to make positive that they have been maintained and calibrated properly. If not, the lawyer may move to have breathalyzer check results removed from facts. The same thing is true if the police officer failed to make positive that the defendant did not burp in the work of the 15 minute observation period prior to administering the breathalyzer check. A burp may lead to an abnormally high reading of alcohol in the mouth. There's other ways the lawyer may try to invalidate breathalyzer or blood check results.
One time the DUI attorney has had a chance to take a glance at the facts, they or they will try to persuade the prosecutor to diminish the charges by plea bargaining. Or it may be necessary for the defendant to go to trial. The finish result depends on the prosecutor and the weakness of the prosecutor's case.
No comments:
Post a Comment