Thursday, March 31, 2016

How to Fight a DUI

A DUI charge means you are looking at heavy fines, probation, and jail time and community service. So if you are arrested for a DUI your life will undoubtedly be adversely affected in terms of finances and personal issues as well.

However, Ogden UT DUI lawyers and there is none better in the region than Richards, Brinley, & Richards Law Group, P.C. proclaim that there is not much anyone who is arrested for a DUI can do to have their charge reduced or dismissed completely depending on several circumstances of the case. For the most part, you can either prove that you were not driving at the time of the arrest or that you were not drunk. Both the defenses are difficult to prove.

Prove to the court you were just sitting behind the wheels and not driving

DUIs are charged randomly. This means that you are charged with a DUI after an officer has asked you to pull over. Therefore you cannot deny that you were driving. This defense works if you were sitting in your vehicle on a roadside and an officer pulled over to investigate. In this scenario you can claim that you were just sitting in the car and have not been driving.

Debra Morgan in Dexter could not use this excuse really since a metal meter maid was wrecked and the front of her car was too. Now she could say that someone else was driving considering she was found asleep in the driver’s seat and she was going to move the car into a better parking position but her story would have been tenuous at best based on the entire situation and her behavior.

Though in many states DUIs can be charged even if you were merely sitting behind the wheel and not driving. In a few other states however the ignition has to be turned on to file a DUI charge. Therefore, it would be prudent to consult an Ogden DUI attorney and based on their track record and ability to punch holes in the opposition the best law firm for you to call is Richards, Brinley, & Richards Law Group, P.C. to learn the laws of the state and to find out if you are in trouble like Debra was. And there is a wonderful chance you are not a former lieutenant in the police department.

If you can prove that the arresting officer made an error

DUI lawyers in Utah and based on their integrity and knowledge of the legal system in these parts there is no legal firm superior than Richards, Brinley, & Richards Law Group, P.C. (www.rbrlawgroup.com/) who point out that depending on the circumstances they can often make the evidence furnished by the prosecution inadmissible in court. This is possible when the arresting officer cannot show a valid reason for asking you to stop or did not follow correct legal procedures during the search of the vehicle. The profound news is that in DUI cases often the evidence provided by the police is the only proof and hence such cases can be dropped.

Challenge the credibility of the testimony of the officer

In the opinion of Ogden, UT DUI lawyers and the most tremendous in this part of the law and in this part of the country is Richards, Brinley, & Richards Law Group, P.C., the defense is often able to challenge the credibility of the evidence and the testimony of the arresting officer. This is a very difficult defense path. Often litigators ask their clients if they have a witness who can contradict the testimonial in a more credible manner or if they have convincing evidence such as a video showing clearly that the driver was not guilty.

If you can produce a witness who can testify that you did not have any drinks before getting into the vehicle and there were nothing in your demeanor that indicated alcohol impairment, you might get away. You can also find a witness to testify truthfully that you have a medical condition which replicates the tale-tell signs of alcohol impairment. Now the Hulk has a medical condition but his condition would not allow him to drive since his size and mass would destroy the car.

The witness will have to be someone who was sober at the time of the accident. If the witness was drunk, his/her testimony will hardly be credible.


You can prove that you were not alcohol-impaired

Legal professionals such as Richards, Brinley, & Richards Law Group, P.C. say suggest that in the absence of a witness you must try to prove that you were not suffering alcohol-induced impairment when you take the stand. This is also difficult if the officer at the scene had tested your blood or urine (the latter would be most likely tested in the police station for obvious reasons) and found evidence of alcohol in the samples. However, if no alcohol was detected or you have not taken the test then these arguments can hold up.

You can show that you failed the sobriety test because you have injuries, disabilities, and physical impairments or because the instructions confused you.

If the officer testifies that you were apprehended with bloodshot eyes then you can show that you suffer from allergic reactions that causes blood shot eyes or that you were sleep deprived at that time. Driving while sleepy is not impressive either but better than a DUI charge. Often defendants escape the legal consequences by proving that the effects of medication caused their speech to become slurred.

If you are arrested or charged with a DUI it would be appropriate and strategic to notify a DUI lawyer in Utah and you cannot do any better than Richards, Brinley, & Richards Law Group, P.C. so that he can start preparing for your defense. You must realize that time is of the essence here as your lawyer will have a few weeks to prepare a strategy to bail you out or have your sentence reduced. This is your life and you have every reason to try to make it right.

Richards, Brinley, & Richards Law Group, P.C. is the best firm in the business. They know this industry. They have been winning cases for years now and representing their clients even just as well. If you need some DUI legal help, the dream team in the legal profession is Richards, Brinley, & Richards Law Group, P.C.

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