DUI Defense For Those Caught in the Act
Handling a DUI Defense in favor of the accused is not that easy. Usually, the odds of getting convicted run against the accused since most of the time, the accused in a DUI case has been caught in flagrante delicto. Meaning, he was caught right at the very moment he was violating the traffic rules. Careful preparation and planning for the defense is necessary at the minimum to minimize the imposable prison term or penalties, if not win the case for the accused.
A good DUI Defense attorney should look at every aspect of the case. He must check whether there was a valid arrest and that the evidence was lawfully obtained by the police officer. This is important because there is a rule in law that evidence illegally obtained can not be used against the accused since it is considered “a fruit of a poisonous tree”. Hence, already if the officer have extracted an admission from the driver that he was driving under the influence after they have physically forced it out from him, this will not be recognized by the court. The prosecution then would have to look for other ways to convict the accused. It is also important for the defense attorney to check whether the court trying the case have competent jurisdiction. There are many things that should be considered before the court can jurisdiction over the case. Was the crime charged in the court having jurisdiction as provided for in the law for DUIs? Was the crime committed in the place where the court has jurisdiction? Did the court acquire jurisdiction over the person of the accused? So on and so forth. In situations where the accused was caught in the act, the rules in technicality usually can cause a dismissal of the case.
There are moments where insignificant technicality will not merit a DUI Defense. Hence, this is the time where the counsel will have to make use of his experience and skill in litigation to win the case. Ideally, a estimate should be impartial. But being a person too, he can be touched with the way a good defense attorney portray and defend his client. If that happens, an accused might probably get away with a lower penalty.