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September 4, 2017 | admin Los Angeles DUI Defense in a Nutshell – Part 1
If you are facing charges or being arrested for a DUI criminal defense, it does not mean that you are guilty of committing the crime. For most people, they end up panicking when they are arrested for a crime they have been suspected. Everyone can be a suspect. However, not everyone will be guilty of committing a crime they have been suspected of committing. The police always arrest suspects from the streets because they follow a lead that determines their involvement in the crime. The criminal court of justice is the only body that can determine your guilt. Let no one deceive you.
The officers who arrest you or pull you over on a highway means that they just suspected you for committing a crime that they want to ascertain. If you have been pulled over by the police from the road, it does not mean that you are sentenced automatically. At least, you have a chance to prove that you are innocent beyond reasonable doubt. The officers will only pull you over after noting a tendency with your vehicle or driving pattern that indicates a criminal offense such as driving under the influence of alcohol or drugs.
The prosecutors will work on your case to review if it fits trial or dismissal. They will never waste their time to prosecute cases that will not proceed to trial. If they gather enough evidence tin incriminate you, they will proceed with pressing the charges in a criminal court of justice. However, it does not also mean that you are guilty even when they press charges against you with the evidence they have at hand. You will only be guilty if the criminal court of justice finds you guilty after weighing your arguments against each other. It only means that the prosecutor believes that you might have reasons to be found guilty of committing the crime.
If the prosecutor decides to bring the charges pressed against you forward, they must prove to the court that you were driving under the influence of drugs and alcohol intoxication before the criminal court of justice. While each case is different from another, each case is also unique according to the presented facts and evidence that you were driving under the influence of drugs and alcohol. However, you have defenses if you have been arrested for this criminal charge. There are specific factors that determine the weaknesses and strengths of each case in a court of law. The details of your case can be discussed with your Los Angeles DUI attorney.
For the prosecutors to succeed in convicting you, they must prove to the court that you were driving under the influence of alcohol or drugs beyond a reasonable doubt. For them to succeed in the conviction, they must present enough evidence to incriminate you. If the police officers met you while you were not driving, they would not have anything to prove even if you were intoxicated. They must face the circumstances and facts to have the case proceed forward. If they pulled you over, it is an indication that you were on the steering wheel. If you were pulled over and decided to take a drink, you have a clear argument in a court of law.
When the police pull you over for suspicion for a DUI offense, they may ask you to participate in some tests to determine your level of impairment. Certain walking tests are also taken at the scene of the incident. The breathalyzer test is paramount to determine the level of intoxication. Many people don’t understand that it is not mandatory to take the breathalyzer test at the scene. If you refuse to take the test, other consequences can follow you. It is mandatory to take the breathalyzer test once you are at the station.
Test Results Inaccuracy
When the police stop your car after suspecting you for a DUI offense, they ask you to participate in some tests to determine your intoxication. You have the power to choose the location of testing, if you can’t test them on the scene, you can choose to take them from their police station. If the tests taken are inaccurate, there are ways to gather results as a routine maintenance or calibration machine used to determine the level of intoxication. If the machines are not standard, then the results will be dismissed.