Will Butler Law Firm Help Me Beat A DWI?
Yes! In fact, there is numerous way to go about it. However, you must first master the courage to fight for yourself and not just give up and take a guilty plea. Secondly, you need to use all the tools you have access to fight the charges. These tools include the typical legal defense toolbox and the knowledge and skills needed to bring to light proof of innocence or at the very least reasonable doubt using the facts of the case. With the right spirit, knowledge, and skills, you can beat a DWI charge, regardless of the test and their results in relation to the legal limit. there are other helpful tactics here regarding what you may expect when getting pulled over.
For instance, you can use arguments, objections, and legal motions to beat a DWI. To this end, a proper and in-depth look and analysis of your case is important right from the very beginning to uncover any legal flaws. Even flaws that do not concern with whether you were over the legal limit are important considerations. There are very strict rules governing how DWI cases should be handled in court. When the rules are broken, it is possible for the judge to throw out your case.
This means, everything counts right from the time you are arrested. The arresting officers must process the offender through the system and bring them before a judge or release them. If this process is not strictly followed, there are chances of beating the case. Another legal clock to take note of starts when an offender has been advised of charges against them or when they have been arraigned in court and subsequently pleaded not guilty.
When the offender is released from jail on your own recognizance (O.R.) or on bail the prosecutor has 45 days to take you to trial. Otherwise, the case will be dismissed. There are many cases when the District Attorney is unable to take the case to trial on time, and, therefore, they end up asking the judge to dismiss the charges.
Another way for your case to be dismissed comes about when evidence of your alleged wrongdoing is thrown out and or suppressed. In the case of suppression, defense attorneys can ask the judge to suppress evidence when it was improperly obtained. A good example is when the cop makes an illegal profile stop of the defendant without having a proper and reasonable suspicion, the judge can find such behavior was inappropriate.
Subsequently, the judge can allow the suppression of the evidence collected after the stop, in this case, the field sobriety test and or the breath as well as blood tests. After this happens, the prosecutor usually does not have ample evidence to prove guilt beyond reasonable doubt, and, therefore, the case should be dismissed.
At trial, there is plenty of opportunities for you to beat the DWI case. There are opportunities to beat the case even when the test results submitted as evidence show that you were over the legal limit. This is because your lawyer’s area of domain is the courts, hence they are right “at home”. The cops, on the other hand, are not. The cops’ area of domain is out in the field enforcing the law; not in a courtroom being cross-examined.
As such, when asked about how they performed the investigation in comparison to the laid out procedures, and they fumble, they lose credibility. Even though losing credibility has nothing to do with test results or the defendant, there is a chance for the defendant to beat the charge.
While the trial is ongoing, a good defense lawyer will make sure that all irrelevant and unreliable testimony is not present to eh jury. In DWI cases, the prosecutor will often try to present the chemical test results to the jury. The chemical test evidence is usually very technical for the jury and, therefore, requires several witnesses to testify for the jury to understand properly. However, many prosecutors are unable to provide sufficient proof that the chemical test is trustworthy and reliable. As such, if the tests are the results presented are deemed as untrustworthy, the evidence will not be presented to the jury. With no chemical results as part of the evidence, there is a chance to beat the DWI charge.
Furthermore, even when the results from a blood or breath test performed is presented to the jury, there is a need for the prosecutor to explain the evidence before the court. The onus is upon the prosecutor to explain how a blood test performed an hour after the arrest proves that the defendant was driving and that his or her blood levels were over the legal limit. To this end, prosecutors use expert witnesses. The expert witnesses will explain the various factors that should be considered in order to make a reliable analysis of chemical test results. In many cases, some of the requisite data needed to make a proper and correct analysis is usually missing or unreliable. In the end, the various experts cannot agree on the test and the analysis to be made from the test. Without an agreement from the various expert witnesses, you stand to beat your DWI charge.
The quality of testing is another area that can help you beat a DWI charge. For instance, for the test to be relied upon, the blood and breath (Breathalyzer) testing equipment needs to be functioning properly. That being said, it is important to note that there are strict regulations controlling every aspect of this equipment including their use, their maintenance, their calibration, and accuracy testing. There are cases of poor maintenance owing to poorly trained technicians, or cases of the city or county having inadequate funds to properly maintain and or repair such tools. This means that the test and results garnered from the test cannot be relied upon. Therefore, it set maintenance protocols is not followed, there is a chance to beat the DWI charge as the evidence presented is reliable.
There are many individuals who reside their fate to the whims of the prosecutor once they are arrested owing to the belief that they are guilty. This is not the case. However, you will be pleasantly surprised to find out just because you were told that your alcohol level is over the legal limit does not mean that you are guilty. These stratagems are part and parcel of our field at the Butler Law Firm, and we are versed at navigating the complicated array of things normally thrown at any defendant, take a look at our firm page and get to know us a bit better, you won’t be disappointed.