The American justice system does not joke about drunk driving. As a result, most Americans would do anything to avoid a DUI charge. Statistics shows that out of the 1.5 million DUI cases that make it the courts, 85 percent end up in convictions. The conviction rates differ from state to state, but in general, it is not easy to beat a DWI charge unless you have a really good lawyer. Getting a competent Bucks County DUI Defense Attorney to represent your case will raise your chances of getting acquitted. Below are steps that are normally followed when dealing with a DWI.
The process starts with an arrest. Normally, an officer will pull you over due to a broken traffic rule. The common violations include speeding, a burned out light, or in some cases, causing an accident. The DUI investigation and case cannot be considered valid if the officer had no probable cause to flag you down.
If the officer notices that you are intoxicated after flagging you down, they will request you to park the vehicle and get out. At this point, they will administer the recommended field sobriety tests. These include being told to walk in a straight line, counting backwards and several others. If you fail these tests, your Miranda rights will be read to you before you get arrested.
When you get to the precinct, the second step will start. The officer will ask you to take the BAC tests. While you cannot be forced to take a BAC test, refusal will lead to automatic license confiscation and prosecution. When you take the tests, and the result is more than 0.08 percent, you may be charged in a court of law.
After the charges have been filed, the next step is your license getting confiscated. You will not be allowed to use the license from 30 days after the arrest. The DMV receives your license and the police department hands over their case files to the DA or other prosecutor. The prosecutor decides whether you should be charged in court or not.
Hearing dates will be set when the prosecutors decide to file charges. The federal law allows you to get the legal representation of your choice. The options available are getting a public attorney, hiring a lawyer or self-representation. It is advisable to get a private lawyer to handle your case because they have both the time and motivation to do it well.
There are many defense choices open to experienced lawyers. The most common includes challenging the results of the field sobriety test. The probable cause of the traffic stop is another defense line that attorneys use. They may also challenge the competence of the officer that performed the tests.
Your attorney will decide the defense line that works best for you and gets you acquitted. The best thing to do is make sure that you have chosen an attorney who has experience in the cases. This will help you get acquitted.
The process starts with an arrest. Normally, an officer will pull you over due to a broken traffic rule. The common violations include speeding, a burned out light, or in some cases, causing an accident. The DUI investigation and case cannot be considered valid if the officer had no probable cause to flag you down.
If the officer notices that you are intoxicated after flagging you down, they will request you to park the vehicle and get out. At this point, they will administer the recommended field sobriety tests. These include being told to walk in a straight line, counting backwards and several others. If you fail these tests, your Miranda rights will be read to you before you get arrested.
When you get to the precinct, the second step will start. The officer will ask you to take the BAC tests. While you cannot be forced to take a BAC test, refusal will lead to automatic license confiscation and prosecution. When you take the tests, and the result is more than 0.08 percent, you may be charged in a court of law.
After the charges have been filed, the next step is your license getting confiscated. You will not be allowed to use the license from 30 days after the arrest. The DMV receives your license and the police department hands over their case files to the DA or other prosecutor. The prosecutor decides whether you should be charged in court or not.
Hearing dates will be set when the prosecutors decide to file charges. The federal law allows you to get the legal representation of your choice. The options available are getting a public attorney, hiring a lawyer or self-representation. It is advisable to get a private lawyer to handle your case because they have both the time and motivation to do it well.
There are many defense choices open to experienced lawyers. The most common includes challenging the results of the field sobriety test. The probable cause of the traffic stop is another defense line that attorneys use. They may also challenge the competence of the officer that performed the tests.
Your attorney will decide the defense line that works best for you and gets you acquitted. The best thing to do is make sure that you have chosen an attorney who has experience in the cases. This will help you get acquitted.
About the Author:
You can get valuable tips for choosing a Bucks County DUI defense attorney and more information about an experienced lawyer at http://Abazalaw.com now.
No comments:
Post a Comment