Philadelphia DUI Attorneys - SAQ9

BusinessLegal

  • Author Mike Marshall
  • Published July 14, 2010
  • Word count 710

Some general guidelines when choosing a lawyer to represent you in a DUI case:

A DUI charge can be a traumatic event in anyone's life. DUI has become a very serious charge and even though it is still a misdemeanor in most cases, the penalties can be more serious than if you were convicted of any number of felonies as a first time offender. However, with an experienced attorney, there is hope. While no one can predict the outcome of your case, an experience practitioner is in a unique position to best defend your many rights as one accused of this offense.

Does the lawyer devote most of his/her time to defending DUI cases? DUI laws frequently change and their defense requires an attorney with experience and technical knowledge of the science involved in this area of the law. Finding an attorney with this knowledge and experience who practices exclusively or near exclusively in DUI cases is generally a good idea if you've been charged with this crime. Ask the prospective lawyer how much of his practice involves DUI representation and if he uses expert witness. Ask the prospective lawyer some general questions about the technical science involved in DUI law and find out if he recommends the use of expert witnesses. How many cases has he or she tried?

A few words about attorney's fees. Finding the lowest bidder is not always the right solution. Costs should always be a concern but first, you should make sure that the lawyers you interview have the requisite experience. There are many so called "general practitioners" who may be willing to offer you a rock bottom fee but who lack the experience in this area of law to fully represent you as well as a lawyer whose practice is devoted to this type of representation. There's a lot at stake in your case, make sure you are confident that you have a knowledgeable DUI defense attorney. It's always fine to compare fees between different DUI lawyers regularly engaged in DUI defense.

Don't Delay in finding an experienced attorney for your DUI defense. As soon as you are cited, the clock begins ticking. You will have a deadline to file a notice for hearing with the Department of Licensing and, your arraignment could come within days after your arrest. The best way to preserve your rights is to immediately begin searching for an experienced attorney in DUI law.

Your DUI case needs to be aggressively reviewed and, if applicable, challenged where there are shortcomings. For example:

A. Did the officer have a valid basis to stop you?

B. Was there probable cause to arrest you?

C. Did he perform the roadside tests in accordance with the appropriate standards?

D. Were you advised of your Miranda Warnings?

E. Did he inform you that these tests were voluntary?

F. Were you properly given implied consent warnings prior to taking the breath test?

G. Did he conduct your breath test in accordance with the standards set forth in the Washington Administrative Code?

H. Was the Breath Testing Machine functioning properly and had it been properly maintained?

Here is a commonly asked question about DWI / DUI law:

Q: If I am not advised of my Miranda warning by the officer, can my case be dismissed?

A: Your case cannot be dismissed for this reason. While police officers are required to advise you of the 5th Amendment, it does not have to take place until after an arrest have taken place. This obligation is sometimes overlooked by the arresting officer.

Similar situations occur when the suspect is not informed of their rights with chemical testing. There is an implied consent law in California which deals with a suspect's legal requirement to consent to a chemical test and penalties if the suspect refuses. This is regulation the suspect must be aware of as it can affect the length of suspension of their driver's license.

Much more information is available at http://duiattorneysandlaws.com: videos, resources, information on laws for all the states of the U.S.

DISCLAIMER: This material and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter

http://duiattorneysandlaws.com provides answers to commonly asked questions, information and resources on choosing DUI Attorneys and DUI Laws in all the states of U.S.

Article source: https://articlebiz.com
This article has been viewed 824 times.

Rate article

Article comments

There are no posted comments.

Related articles