Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « 10 Tip to Win a San Diego DUI case?
0
- Here we are giving you some important tips to win a DUI case.
-
Your attorney listen attentively to all what led you up to finally facing DUI allegation through inquiring few important questions to know particulars, which helps him/her in planning a tactical defense strategy. Your lawyer get fully familiar with your particular situation, and spend good enough time to clear all your fears.
-
His/her first step is to instantly go to save your driving license, and look into your case starting with the police report and evidences. Attorney must analyze all events and surrounding details which were involved; he consider breath examination equipment, maintenance records, calibration, watching periods, testimony of operators and blood analyzing officials, and some other factors.
-
If you contact a lawyer within ten days after your arrest, he will manage for the DMV hearing to fight back suspension of your driving license. He defend the Admin Per Se (APS) sanctions imposed over your driving license by employing the power of subpoena and putting the burden of proof on the DMV officials to affirm you were driving your car, the officials had probable reason to check you, your checking and arrest was legitimate, the chemical examinations were performed in a proper way by a competent phlebotomists, and your BAC test result was .08% or above (drivers under age 21 should show BAC result of .01%). He cross-check all facts provided by the arresting police officer; this includes all documents and reports relating your case. If even one of the leading factors isn’t brought about, it is enough to overturn your license suspension.
-
If you didn’t contact a lawyer within the time period law gives to defend license suspension (i.e. ten days following the day of DUI arrest), he can help you in getting a restricted drivers license from the DMV, if possible.
-
After getting a copy of the police report relating to your arrest and DUI crime(s), he analyze all aspects to expose inconsistent factors, in-adherence to law, contradictory elements/arguments, and other information which could be useful. He will put all this information to the test at your DMV Hearing in defense of your case. The DMV Hearing sometimes becomes very helpful in turning as a “mock trial”, in many cases, where he can check the strength of the accusations imposed on you, and the probable outcomes they’ll take stand to level of “beyond a reasonable doubt”.
-
He’ll study all evidences against you, and if you gave a blood test, he’ll ask to provide us a sample of it. He will forward it to some independent lab and they will give him their expert second opinion on it. Being a professional company he must work with toxicologists, criminalists, private investigators, independent laboratories, alcohol dependency mediators, and other expert teams and institutions to thoroughly defend cases of his clients. If the final reports of independent laboratory differ from that of law enforcement agencies, he’ll get documentation like affidavits from his laboratory, and if the case continues to a Jury Trial, he will effectively use his contacts and resources to render necessary backing and evidence on your behalf.
-
He’ll go to visit the place of your arrest, the location and circumstances where you submitted to field sobriety tests, if practical. He’ll also cross-check the area with the police report, and deeply consider each contributing and external factor like the atmospheric conditions and traffic patterns at the time when you were arrested.
-
He’ll must compile a list to include all witnesses, law enforcement officials, and lab technicians (who tested blood) to see what each one says and if the story of the incident is substantiate. He’ll cross-examine all involved parties if the case moves to a Jury Trial.
-
He’ll ask to provide him maintenance, calibration, and certification records on all breath examination equipment and staff officials, reexamining the method of tests for in-adherence to process or any other disqualifying reasons.
-
He’ll provide you all the data you require to brace yourself for the first court hearing. In many cases, he may file a pre-trial motion at this hearing, in few cases getting a total dismissal of the accusations against you. If your case doesn’t continue to Jury Trial, the prosecutor might propose to reduce your DUI charges to a wet reckless or traffic violation.
You might also like
 |
 |
 |
 |
