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September 1, 2017 | admin What Needs to Be Proven for a Los Angeles DUI Case?
It is important to note that it is not a criminal offense to be pulled over by a police officer for suspicion that you are driving under the influence of drugs. You should also know that they are pulling you over because of the event that caused them to think that you are driving under the influence of alcohol and drugs. Most people think that they have been charged with the crime by just being pulled over. Many people get pulled over by the police in a day. However, few of them end up in a court of law. Few of them are convicted. It all depends on the situation you will be found after being pulled over by the police.
The police look at certain driving indications of a person who is driving under the influence of alcohol and intoxication. In fact, they just guess that you might have been intoxicated with drugs or alcohol when they pull you over to prove that they were wrong or right. While they use this tactic on many people, they always seem to activate their conscience that most people with a driving pattern that looks like yours are in the intricate consideration. Your work should always be driving with a sober mind to avoid these pitfalls in the first place.
Police officers have experience dealing and watching drunken people drive the highway. Therefore, they might have seen a similar scenario with your case as you were driving to make you pull over for the same mistake. When they pull you over, don’t panic because they are not convicting you, the work of convicting you remains on the judge and the evidence presented to the judge, an experienced attorney from Los Angeles, has the necessary legal skills to help you win a case even when you were intoxicated at the time of arrest. You should also remember that it is your legal right to remain silent in the event of pull over until your attorney arrives. This is to help you avoid speaking words that can incriminate you or worked against you.
If you have been pulled over by the police because they suspect you are drinking under the influence of drugs and alcohol, you will spend the night in custody to appear in court the next day. However, spending a night there does not prove that you are guilty. It means that the authorities have a reason to suspect you for driving under the influence. You are under the California Vehicle Code Number 23153 or 23152 charge.
Before you face any DUI conviction, the court must prove that the evidence presented is sufficient to send you to prison without any other reasonable doubt. It can be accompanied by a plea or found guilty by the jury.
Therefore, there are two elements to meet before you are convicted in a criminal court of law for the DUI charges pressed against you. You must be proven to be driving at the time you were pulled over. Second, you must be proven to be drunk at the time you were pulled over. There is no DUI conviction even if you were drunk but not driving. The case will be dismissed if the two scenarios are not met in court.
For you to be convicted, you must have been driving. This is an element that the police officers meet easily. Sometimes the person who was not on the steering wheel is charged. If the driving fact is not established through the scenarios, the judge will establish that you were driving from the officer’s reports as well as observations.
Under the Influence
The second element to be established by the police officer is that you were under the influence of drugs and alcohol at the time you were pulled over on the steering wheel. This element can be easily proven just like driving. If the person’s breath indicates that alcohol was in their system, then they would have proved that they were intoxicated at the time of driving. If the person refuses to submit the test, the authorities will have a hard time to prove that the person was drunk. The element must be proved through the observations of the officer and reports.
Speak to an experienced Los Angeles attorney if you have been charged with the DUI cases if you meet the elements stated above.