DUI is a major concern and one of the
major problems with this is that it is difficult for courts to handle so many
cases efficiently and they end up clogging the judicial system. This is
precisely why many states in America allocate a whole department of the
criminal court system with special court procedures so as to facilitate the
quick and effective handling
of DUI cases and Covington, LA DUI lawyers know all about this and
Roy K. Burns Jr. is one of the best in the field.
In this way, the judicial system is able
to intake a large number of DUI cases and wrap them up quickly. However, Southeast
Louisiana DUI lawyers are of the opinion that this is not always a sunny thing
for suspects because even if their cases are dealt with quickly it also means
that it is even harder to prove their innocence since they will be short on
time. This means they will need to get their points and arguments across by
building a case without that much time to prepare.
In order to be able to do this, a suspect
will need the help of a DUI legal professional with sufficient experience and
who knows how to go about presenting arguments and evidence without any delay
or interruption.
Arrest
procedure
An arrest is essentially where it all begins
in terms of DUI court procedures. The arrest is technically when a law
enforcement officer detains a person for the suspicion of a DUI. For the most
part, the arrest means that the suspect is no longer free to move about on his
or her own will.
Covington, LA DUI attorneys reiterate
that there are some aspects to a lawful arrest. One of the first things that
need to be considered is that the stop itself should be constitutional. A
person can only be pulled over and checked for sobriety if there is some reasonable
cause. This is not Cuba or North Korea or even Russia!
Therefore, an officer cannot simply stop
anyone without good reason to do so, which is known as probable cause. Things
that would qualify as reasonable suspicion include the inability to maintain a traffic
lane, running a red light, vehicle missing a light, expired registration plate,
radio too loud, and causing an accident, to name a few.
DUI legal representatives such as Roy K.
Burns Jr. say that the constitution allows anyone stopped to actually refuse
chemical testing after a DUI arrest. The police cannot search you
without your consent or your warrant. However, in case of states like Louisiana
where the implied consent law is in effect, then it would be prudent not to
refuse sobriety tests.
Other
court procedures after a DUI arrest
After the arrest comes booking and bail
procedures which is then followed by the arraignment where the suspect can
either plead guilty, not guilty, or with no contest.
Preliminary hearing – This is basically
a hearing where the judge determines whether or not the prosecution has
sufficient evidence to go forward with the case.
Trial – This is the pivotal part of the
case and Covington, Louisiana DUI lawyers worry about the most since this is where
the ruling is made based on how things unfold in the DUI trial.
This is where evidence is presented to support claims and the defendant is
allowed to counter these claims.
Appeals – This is a last ditch effort
where a convicted defendant can appeal to a higher court to overturn the
ruling.
There is not a better DUI legal
professional in this part of Louisiana than Roy K. Burns Jr. He has the utmost
integrity and his record is impressive. He knows the legal system in this part
of the country and knows what it takes to win a legal case.
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