Monday, November 23, 2015

Proving a DUI Accident Charge

In any accident involving a suspicion of DUI/DWI, it is assumed as a matter of course that the alleged impaired driver caused the vehicle accident. Nevertheless, the cause of many accidents is due to factors excluding impaired driving.

For the most part, a large proportion of automobile crashes stem from “driving while distracted” conduct. This includes eating, talking on the phone, and texting, which can be valid DUI defenses according to Covington, TN drunk driving accident lawyers.

If you are in a legal drunk driving bind there your mind should turn to this wonderful and proven legal website right here. This situation is not cut and dry. You have rights and wiggle room. How did the police treat you? The judge will hear what you have to say but if you have representation that views you as just another case file and not a person you are libel to be forced to swallow much more of the repercussions than perhaps you have too.

Charges Dismissed

DUI accident cases are complicated. To begin with, there must be evidence to prove that the driver was be impaired and that the impaired driver caused the accident. Besides, if the rights of the defendant were broken at the time of the arrest process, an experienced Tennessee drunk driving accident attorney can potentially have such evidence discarded and even get the charges reduced or dismissed.

The consequences of a drunk driving accident can be serious and includes prison time, huge fines, suspension of the driver’s license, community service, probation, and more. In addition, there are social implications and the prospects of being unable to seek gainful employment. Under the circumstances, it is wise to seek legal counsel at the earliest to ensure that your rights as well as interests are duly protected.

Proving DWI/DUI Accident Charge

According to Covington drunk driving accident lawyers, in criminal courts in general, a first time DUI charge is usually a misdemeanor. However, in case anyone is injured or killed, there is damage to property, or the driver happens to be a repeat offender, then he or she is liable to be charged with felony such as aggravated DUI/ DWI with injury, vehicular homicide, or manslaughter.

When a DUI lawyer plans your defense strategy, he/she will determine whether you were actually impaired, or your rights violated at the time of the arrest process, and your action resulted in the accident. If the answer is in the negative to any of these questions, then there is a likelihood that the criminal charges might be reduced to a minor offense, or the case even dismissed altogether.
Your situation may seem hopeless but it is not. Your situation may seem like it cannot get any worse but it can. If you use a website of this caliber you can find the Covington, TN drunk driving accident lawyer that you need. It is: http://dui-lawyers.usattorneys.com/tennessee/.
The prosecution might try to introduce test results for breath analyzer, urine, blood, or some other test, to establish that your BAC, or blood-alcohol content was beyond the legal limit of 0.08 percent, or you were under the influence of drugs. Nevertheless, unless the police had credible cause for conducting the test, they can’t make use of the results as a proof against you. Even if they had cause to perform these tests, they can be disqualified for the following reasons:
  • The police official who conducted the test was not qualified to do so
  • The device was ill-maintained, calibrated, or unfit for the test otherwise
  • A break occurred in the chain of custody of the sample
Even if the prosecution presents evidence that you were indeed impaired, it doesn’t quite follow that you did cause the accident. To counter this, a legal representative will solicit the assistance of accident experts to determine the true cause of the DUI accident. This is because he or she knows that there are other elements that might cause a car accident.

Legal Help is Essential

In view of the above facts, there is every reason for you to hire a wonderful and prolific Tennessee drunk driving accident lawyer to manage your case successfully. 

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