A conviction in a DUI case results in a tainted criminal record and it can have severe consequences over almost every aspect of the life of the convicted person, so it is absolutely vital to get qualified help right from the beginning.
Making the Most of Your Defense – How Your Lawyer Can Help
An experienced DUI lawyer can assist the client not only in the final phase when the case is judged in front of a court, but also in the phases foregoing the trial. During these stages, lawyers can do many things to prove that their client is not guilty or, if they cannot have the DUI charges dropped altogether, they can file motions to modify the case from criminal offense to non-criminal and they can present numerous circumstances that can make the final decision milder.
Why You Should Plead “Not Guilty”
If you plead guilty in a DUI case, it means not only that you admit your responsibility, but also that you admit it without even trying to defend yourself. You must know that, in most cases, there are circumstances that a good lawyer can use as efficient weapons while fighting for your interests.
Having such an expert by your site can help you keep the right to drive and you can avoid having a criminal record, so getting a lawyer before doing anything else can be a life saver.
What Can a Lawyer Do for You?
Driving under the influence of alcohol or drugs is a very serious offense and you must certainly draw the right conclusions if you are faced with such a charge, but you should let a professional legal expert give you a chance to reform your behavior.
You need to understand that Canada law does not prohibit drinking and driving as such – it penalizes drunk driving if the blood alcohol concentration of the driver is over the legal limit.
Even if your BAC exceeds the legal limit, it is possible that you were driving in order to avoid a more serious danger and there can be other mitigating circumstances as well.
Good lawyers can help alleged DUI offenders in many ways, including the situations when the client fails the breathalyzer test, so giving up and pleading guilty should never be the right solution – here is a list with what good DUI lawyers can do:
– They can subject the entire case to a much closer scrutiny and detect any procedural errors in the way their clients were treated. Lawyers know how to find the tiniest evidence proving that you were retained unlawfully and they can turn that little evidence into an acquittal.
– They can prove that you are not guilty by listing mitigating factors in convincing manner.
– They can find expert witnesses to prove that the testing device was not working properly and the test results could not be used as evidence.
– They can challenge the reason why you were stopped by the police officer.
– A good lawyer is indispensable even if you are found guilty because the sentence in that case as well depends on many different factors.
How to Prove that You Are Not Guilty
There are many different circumstances that can be used as mitigating factors in DUI charges:
– Duress – you have committed the drunk driving under compulsion by another person.
– Cooperation – you proved to be cooperative with the police when you were stopped and later, when you were arrested as well.
– Responsibilities towards dependent family members.
– Involuntary intoxication – you became intoxicated as a result of someone else’s devious actions.
Each DUI case is different, so the above list is far from complete, but hopefully you can see that there are really many arguments a good lawyer can use in your defense.
Sometimes pleading guilty is the course of action that makes sense. A guilty plea can be a strategic choice, but let your lawyer decide whether it is reasonable in your case, too.
This solution is an option if you are to be found guilty anyway and you can trade a guilty plea for a milder charge and a lesser punishment. If there is no bodily harm involved in your case, you can plead guilty and be charged with speeding or reckless driving instead of DUI.
You should never answer the question “how do you plead” without consulting a lawyer first. As a general rule, don’t plead guilty as long as there is the tiniest hope of having a defense and do not try to handle the case all by yourself: hire the best lawyer you can afford.