Factors to be Considered by DUI Attorneys

by | Jul 17, 2012 | Lawyers

In the same way no one would go to a Dermatologist for a toothache, even so must accused persons hire qualified attorneys specialised in the field concerning their cases. While a normal defence Attorney would offer sufficient legal advice, DUI Attorneys are likely to offer better representation. It is best to hire DUI Attorneys Berkeley Springs WV who are well versed with the state laws in this regard.

Upon taking a brief, DUI Attorneys need to analyse certain factors in the preparation of the case. These factors will help carve out possible defences in the criminal trial and incline the court to reach a favourable outcome for the clients. Good representation may lead to an outright acquittal or reduction of the prescribed sentence following mitigation by the lawyer. Simple factors to be considered by Attorneys could be analysed as follows:

First a DUI Attorney needs to assess whether the manner in which the police officer flagged down the accused person was lawful. The law is clear that for a conviction against a person charged with DUI to stand, it must be established that the traffic stop was lawful. This is pegged on whether the officer had reasonable suspicion in pulling one over. Several decided cases have held that if the police officer stopped a motorist without any reasonable basis of suspicion, the entire case could be dismissed by the courts. Able DUI Attorneys Berkeley Springs WV must critically analyse the situation to explore possibilities of reducing the charges or pleading for dismissal of the case in a trial if this cardinal principle is overlooked by law enforcers.

Secondly, DUI Attorneys must look into the option of a plea bargain. Where the evidence against an accused person is overwhelming, the Attorney may consider opting for a plea bargain and thus settle for a lesser sentence rather than gamble for a favourable verdict in a full trial. The full consent of the client must however be obtained in this regard and the failure to obtain the consent is a clear case of professional misconduct on the part of the lawyer.

A possibility of whether certain kinds of evidence garnered by the prosecution can be dropped is a factor to be considered upon taking a DUI brief. All evidence must be collected lawfully. It is thus the duty of an Attorney to critically assess the lawfulness of the evidence adduced in court with a view to impeaching the same.

Another major factor to be considered by a DUI Attorney is the mitigating circumstances. Upon determination of guilt by the court, a convicted person is normally given a chance to mitigate. This entails seeking the mercy of the court. The remorse of the accused person is a good mitigating factor. DUI Attorneys should also analyse other factors such as whether the correct procedure for a chemical test was followed.

To get good DUI Attorney Berkeley Springs WV , simply follow  and get appraised on the possible defences that can be raised in a court of law.

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