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September 1, 2017 | admin Do I Need a DUI Lawyer if I plan to Plead Guilty to DUI?
Over the years, clients have been repeating the same mistake. They have believed that because of meeting the elements of DUI, they shall be found guilty. To this end, they think that they do not need to spend money on enlisting the services of a Los Angeles DUI specialist. People should stop making the mistake of thinking that because they have a higher Blood Alcohol Content (ABC) owing to drinking, they will be found guilty.
The second mistake made by many people is that during their first appearance in court, commonly known as arraignment, they do not hesitate to plead guilty. As a result of pleading guilty, they are sentenced and go on to serve their respective terms in jail. If one is being sentenced for a severe or second offence, the sentence will involve a fine, jail time and suspension of license. DUI lawyers posits that pleading guilty is a bad idea.
These lawyers assert that clients should always consider consulting with an attorney before making any decision. These experts contend that the people who are charged do not know the key tenets of a DUI case irrespective of having a high BAC or over .08. In court, the prosecutor has the duty of proving two crucial elements beyond reasonable doubt. He or she must show that at the time of arrest, you were intoxicated. In addition, they should prove that you were behind the wheels.
Notably, a police officer cannot use his hunch alone to pull you over. Such an officer should have sufficient reasons to stop you while driving. It is the duty of the prosecution to adduce tangible evidence and admissible testimony that proves beyond reasonable doubt that no other person but you was behind the wheel while intoxicated
The sentence of a DUI case is always subjective irrespective of governments proof a DUI. The imposed sentence is anchored on a legislative range. Before making a decision, the judge will review all the facts of the case. In addition, the judge will look at the criminal history of the person charged for purposes of determining a sentence that is ideal for the case. The best part about this process is that there is room for negotiation. It is at this point that an experienced criminal defense lawyer presents positive testimony and evidence that would convince the judge to impose a minor sentence that does not constitute jail time and fines.
When an individual has been charged with DUI, there is always a DMV hearing that seeks to determine the period of time that a license should be revoked or suspended. During the DMV hearing, the driver reserves the right to be represented by an attorney. It is advisable to seek the services of an experienced attorney who has attended many DMV hearings and is conversant with the usual mannerisms and habits of the hearing officer. By account of their experiences, attorneys can prepare a solid defense and your testimony that will incline the officer to consider suspending the driver’s license for a short period.
DMV hearing is considered to be an administrative proceeding. However, a person has a right to be represented by an attorney. An individual is at liberty to submit his or her own testimony and evidence. The striking feature of DMV hearing is that they operate on the basis of “preponderance of the evidence,” which is a standard of proof that is similar to the one used in civil trials. It does not require the proving of a case beyond a reasonable doubt as used in the criminal court. Notably, the hearing is not conducted in the presence of a judge, but a hearing officer. However, in such hearings the law enforcement officer who was responsible for the arrest has a duty of proving that the person charged was driving under the influence or failed to submit a chemical test.
An individual who believes that another person is guilty simply because he was intoxicated while driving makes a mistake of premature pleading. By pleading guilty, a person is leaving the final decision with the judge, considering that there is no subjective reason or argument for a lesser sentence. It is for this reason that people should consider enlisting the services of a Los Angeles criminal defense lawyer in having their cases dismissed. If one is found guilty, the lawyers will ensure that the sentence imposed on such a person is minimal.