Do I Need A Dui Lawyer?

By Author: Miquel Dawson
Total Articles: 7
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Obtaining a DUI Charge Dismissed

Obtaining a charge for drinking below the influence (DUI) dismissed is feasible, but may be challenging or even outright not possible depending on the unique circumstances of your case. You need to approach an experienced DUI lawyer who can help guide you via the laws concerning DUI and assist you to inside your negotiations for dismissal.

Trigger For Dismissal

Listed here are some feasible causes for the DUI charge to become dismissed:

Polite negotiation using the prosecutor can perform wonders for the DUI charge, supplied that you remain polite and appropriately conciliatory during the negotiations. You need to usually try to reach a negotiated settlement prior to resorting to much more combative measures because these measures will inevitably sour the prosecutor against you. Usually, your chances of obtaining your DUI charge dismissed via negotiation are greater if the prosecutor's evidence is weak or you've no background of previous offenses.

One popular bargaining item utilized in negotiations is signing up for a diversion program. You'll need to complete ...
... a course of education concerning the dangers of driving below the influence, make amends to the victims if any, perform community service, and remain sober for a prolonged time period. But in exchange, you'll have the ability to steer clear of the much more serious penalties of a DUI charge like prison time.

Challenge the validity of the evidence and the legality of the police stop if these circumstances may be challenged. For example, you are able to weaken the prosecutor's case if only 1 breath test was taken because they're notoriously prone to error. In contrast, if you can demonstrate that the police stop had no cause and was therefore illegal, you can get the entire DUI charge dismissed.

You might have the ability to get your DUI charge dismissed if the time it took for the trial to start surpassed the speedy trial limit inside your local jurisdiction. Similarly, if you were not read your rights but had evidence collected from you whilst in police custody, you may have the ability to ensure that evidence isn't utilized. Even though this may not lead to an outright dismissal, it may weaken the prosecutor's case sufficient for negotiations to become effective.

Conclusion

Even if you're unable to get your DUI charge dismissed utilizing these causes, you could still have the ability to get the charge diminished via negotiation using the prosecution. Be sure to consult an experienced DUI lawyer if you are interested in obtaining the best outcome feasible for the DUI charge.

Rex Downey has a background in public service and is familiar with DUI cases. He realizes that many people who are charged with a DUI do not seek a dui attorney for various reasons. For more information about hiring an attorney go to view site.