Thursday, January 14, 2016

What are the basics of DUI court procedures?

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.

There was a song in the beginning of the goofy movie Independence Day that was talking about the end of the world. Do not worry, the world is not ending just because you received a DUI. Though your world may be a little different and this is something to think about it is not the end of your life and you will be able to recover and focus on bettering yourself. But to make this happen you need a Covington, LA DUI lawyer who can help pull you up out of this legal funk you are in. You can find perhaps the best legal professional in this part of the state in Roy K. Burns Jr. right here: http://royburnslaw.com/. 
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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