Los Angeles DUI Lawyer Blog
If you have been arrested for a Los Angeles DUI, Prosecutors must demonstrate that it can be proven beyond a reasonable doubt that you were 1) intoxicated and 2) driving. They must show that both elements exist, and not just one or the other.
You have certain Constitutional Rights that are given to you by the US Constitution. These are very important rights that come into play when you are facing criminal charges. These rights include the right to an attorney, the right to present evidence, the right to a fair trial, the right to be heard. These are all very crucial when it comes to your criminal case and they are rights that should not be taken lightly.
As stated, one of the biggest rights that you have is the right to present evidence at your trial. The type of evidence you would want to produce will require careful planning and discussion. It is a good idea to consult with a Los Angeles DUI lawyer before proceeding to trial. An experienced and knowledgeable lawyer will know the criminal court process, the procedure and the laws so that they can carefully and strategically plan your case. This will require a careful analysis of the facts, of the defenses and the arguments.
After a careful discuss has taken place the attorney will decide what to present to the Court. Evidence can come in different types. One of the most common pieces of evidence that will be presented is the police report. The police report indicates the behavior of the driver, and the blood alcohol level as well as any results of the field sobriety tests.
The police report is very important because it will have to indicate that the officer had probable cause to stop the driver in the first place. It also must show that there was reasonable suspicion for the officer to arrest the driver. These are key, because if there is no probable cause or reasonable suspicion, then the case may have to dismissed completely.
The police report is also important because it will state the officer’s observations and the driver’s test results. These are very crucial in a DUI case because it is strong evidence against the driver. These, of course, can be argued against but it may be a difficult argument.
Additional evidence that may be presented is testimony. The testimony of the officer, of the driver, any passengers and any witnesses. The officer will have strong evidence for the Prosecutor’s side. It is up to the driver, and/or his attorney to be well prepared and have strong evidence to counter that of the officers.
If you are planning to take your DUI case to trial, you need a strong plan of approach. There needs to be careful thought and argument behind each of the pieces of evidence that is to be presented, and to do that, it is highly recommended that you seek the help of a legal professional.