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September 4, 2017 | admin What Can be Done for my Los Angeles DUI Case Prior to Hearing?
A DUI conviction is detrimental to any victim. It gets in the way of many developmental activities of an individual. Therefore, if faced with a DUI charge, it is prudent to take the necessary steps to safeguard your interests even before facing the judge. Besides, it is highly recommended to familiarize yourself with the DUI laws of your state before your case hearing. Basically, being a victim of a DUI charge requires that you take some paramount actions that are geared towards proving your innocence before the jury as depicted below.
1. Hiring a defense attorney
It is prudent to contact an experienced DUI lawyer immediately after being arrested by an officer due to a DUI offense. In most cases, you will be required to choose from three options of legal representation. First, the court can appoint for you a public defender. Technically, this is not a preferred move since most of these attorneys are overworked. They lack enough time to conduct a thorough probe into your DUI case. This exposes you to the prosecution, and you are like to be found guilty of the offense and convicted.
Secondly, you are at liberty to represent yourself in a court of law. However, this is another wrong move in a DUI case since such cases are overly complicated and technical. As a result, you lack the specialized knowledge and tactics required to win your case. Unsuccessful self-representation could see you convicted on serious criminal charges.
You could also choose a Los Angeles DUI attorney to represent you, which is the most preferred option due to the vast experience in this field. A good DUI lawyer knows the process a case of such magnitude demands and can meet with witnesses and review police reports to build a solid rock defense to acquit you of the DUI charges. With the representation of a private DUI attorney, the odds of either reducing the charges or winning your case are high.
2. Requesting a DMV administrative hearing
DUI arrests result in an automatic suspension of your driver’s license within 30 days of your arrest. To prevent this, you file a DMV request for a hearing within 10 days of order issuance. The hearing could be conducted in a court of law or through the telephone. The exercise is aimed at gaining a competitive edge over the prosecution by contradicting both the DMV officer and the witness to the case.
The officer is tasked with the responsibility of proving that you were driving under the influence when you were pulled over. He or she also determines if your arrest was within the contemplation of the law. Going deeper into the matter, the officer will have to prove that your BAC level was above .08 at the time you were behind the wheel. With a good Los Angeles DUI attorney, you stand a chance of not losing your driver’s license whether by suspension or revocation by creating a convincing legal argument.
3. Exploring potential DUI defenses
Every DUI case is unique, and DUI lawyers must evaluate each case individually to identify the possible defenses to adduce in the representation of the client. By obtaining evidence from the prosecution, the attorney can work to identify the applicable defenses unique to your case.
DUI defenses are essential for every case since they form the basis of negotiations. For solid defense, you certainly require the services of a competent DUI attorney to develop possible defenses from the presented evidence. For instance, inaccurate scientific calculations and faulty test equipment used to test the content of alcohol in your blood may constitute a strong defense.
4. Discussing DUI plea bargaining approaches
A reliable DUI attorney has the duty of gathering all the evidence adduced in your case. He conducts pre-trial motions and reaches out to expert witnesses. This way, he is in a position to negotiate the case more effectively on your behalf. He or she may professionally highlight your faults as a tactic to destabilize the prosecution, which weakens the case significantly. Consequently, the prosecution is often willing to settle for a deal through reduction of the charges or even a complete dismissal of the DUI case against you if the evidence presented is questionable.
With that said and done, you can now walk as a free man without the dark shadows of your DUI case. However, failure to resolve the case entirely at this stage leads to a trial hearing. This shows how a well-trained and experienced Los Angeles DUI attorney can make all the difference.