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May 24, 2017 | admin What Does the Prosecutor Have to Prove in a DUI Case?
This article is by Zooomr Used Car India, a platform to buy used cars in cities like used BMW’s in Delhi and other big cities. Many individuals who receive a citation for driving under the influence think they have little defense option due to mandated punishments that limit prosecutor ability to negotiate an impaired driving charge. But, the truth is that prosecutors still must prove the charge “beyond a reasonable doubt” before the state can validate the case. The state is still not entitled to a conviction, even though prosecutors often act in that manner when they are focused on DUI cases more so than other criminal issues. States have set mandatory minimum punishments as a method of looking strong against drunk driving, along with consoling the Mothers Against Drunk Driving lobbyist group. The conviction rate against defendants facing DUI conviction is very high, but many times the evidence used in cases is generally weak other than the blood alcohol concentration level. How the evidence was acquired also still matters greatly, as all evidence must be acquired according to proper search and seizure protocol and suspects still have all legal rights to criminal defense. However, when a defendant attempts to represent themselves, little of the legal rights matter to the prosecutor. And, in many ways, the same thing happens when being represented by a public defender who is an employee of the same state that is prosecuting their client.
Alcohol DUI Cases
The primary piece of evidence used against a driver who has been using alcohol immediately before being apprehended is the blood alcohol concentration test. Although an officer may testify in court regarding the field sobriety breathalyzer test, the only evidence that can be used to prosecute based on alcohol intoxication is the BAC that is acquired by using a certified and inspected breath analyzing device. Service records for the machines can actually be used in defense when there is a question as to device accuracy or scheduled inspection. The field test is really just part of the officer testimony used in establishing reasonable suspicion to apprehend in an effort to validate probable cause, which is testimony that can be contested by an experienced and effective Los Angeles DUI lawyer. The prosecution must also prove that the defendant was actually driving at the time of the traffic stop, even though some prosecutors attempt to charge based on the defendant’s intention to drive.
Non-alcohol DUI Cases
Charges for driving under the influence of chemicals or drugs other than alcohol are clearly on the rise in many states that have legalized marijuana in some form, including states like California that have approved medical use. This can present problems for the medical patient who is prescribed for regular use because marijuana residue can remain in the body for up to 30 days generally, regardless of the latency status. There is currently no method of measuring marijuana concentration levels orally, so any testing will require a blood sample. Blood samples are considered as reasonable search only when the arresting officer has received a warrant from the jurisdictional judge, which also gives the defendant an opportunity to decline and face contempt charges if applicable. The prosecutor must still prove the defendant was sufficiently “impaired” to the point of being unable to perform basic functions while driving, which can give a criminal defense and DUI attorney ample room to build an argument and potentially negotiate a reduced charge. The state’s inability to quantify intoxication concentration makes a big difference in case settlement because there are no distinct approved measurements and case circumstances can fail to provide proof in many instances.
Anyone facing a DUI charge should seek legal counsel to defend the charge. Successful results rarely occur with public defenders or when defendants face an initial minimal charge based on borderline intoxication level proof. Always get an aggressive Los Angeles DUI attorney to represent your case because DUI charges are progressive charge levels based on prior conviction and punishment increases for multiple convicted offenders.