DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in Leamington.
When you first meet with your DUI lawyer in Leamington, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI lawyer in Leamington, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI lawyer in Leamingtoncan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in Leamington, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI lawyer in Leamington
Truck DUI lawyer in LeamingtonThe most common question I run into as a Washington State Criminal Defense Attorney is, "How can you defend criminals?" This question is generally based on two assumptions: 1. the Defendant is obviously guilty; and 2. by defending him or her, you are trying to let this obviously guilty person get away with their crime. As you will see, these assumptions turn out to be incorrect.Arrest Does Not Equal GuiltIt's tempting to think that a Defendant must be guilty because the police arrested him or her for something. However, the law has a much different standard for judging when an arrest is valid versus when a conviction is called for.A valid arrest requires Probable Cause. This term gets defined in different ways but generally exists when the facts and circumstances known to the arresting officer are sufficiently trustworthy to cause a reasonable person to believe that an offense has been committed. If you think about that definition for awhile, it becomes apparent that it's actually a very low standard; and it should be.The rule is designed to make sure that there is some evidence before an arrest is made but balance the requirements for how strong that evidence is with the speed of decision required to catch criminals.Here's an example: A woman tells the police that a man stole her purse. The police ask the man and he denies knowing anything about the purse. Finally, the purse cannot be located. Under Probable Cause, there would be enough to justify arresting the man since the woman said he stole her purse. Do we know whether or not he did it? No. Should we let the Court System determine whether or not the man is guilty? Of course!Knowing that an arrest simply starts the Court Process, Officers often err on the side of making an arrest in a close call; as they should. Even the instructions read to Jurors emphasize the point, stating that the fact the Defendant was arrested has no bearing on whether or not he or she is guilty of the crime charged.Beyond A Reasonable DoubtWe've all heard it on TV but the standard in a criminal case is "Beyond a Reasonable Doubt." But what does that mean? The term "reasonable doubt" can be defined differently but is generally:One for which a reason exists and may arise from the evidence or lack of evidence. It is such a doubt as would exist in the mind of a reasonable person after fully, fairly, and carefully considering all of the evidence or lack of evidence.If we required a police officer to be convinced Beyond a Reasonable Doubt before they could even arrest someone, all of the "bad guys" would get away before the officer even concluded his investigation.What do you do if someone is guilty?If someone is guilty then there is nothing an Attorney can do about it. Keep in mind thatA jury is made up of regular people. No matter how skilled the attorney is, if the defendant is obviously guilty the jury will convict. In this case, the attorney's job has two parts: discovering which charges the defendant is actually guilty of and making sure the sentence is rational.Over ChargedPeople are often over charged, i.e. accused of more than the State can prove. An example of this is where someone is accused of Driving Under the Influence (DUI) and Reckless Driving. Very few cases of DUI also meet the standards required for Reckless Driving. In this case, if the Defendant is guilty of DUI but not reckless, a good Criminal Defense Attorney should be able to get the Reckless Driving charge thrown out even though the Defendant is ultimately convicted of DUI.Rational SentencingOnce a Defendant is found guilty, the Court's next job is to impose sentence. The Attorney's job becomes making sure that the sentence is appropriate for the crime charged and the Defendant's criminal history. As a general rule, the more criminal convictions someone has, the more harshly they will be sentenced on any new charges. Sometimes, however, the prosecution will seek to punish someone with little or no history the same as they would a career felon. By sentencing first time offenders and career criminals the same, we do not reward those people who have lived basically good lives nor punish hard enough those who choose a life of crime.What do you do if the State cannot prove the charge?There are two major categories of cases where the Prosecution fails to prove their case, either at the outset or at trial.At the OutsetThere are often times when the Prosecution simply does not have any evidence that a Defendant is guilty of a crime. In this case, you can file a Motion to Dismiss and ask that a Judge review the evidence to see if a dismissal is required. This motion can require that witnesses appear and give testimony or it can be based on the police reports themselves.At TrialIf the Prosecution has evidence that someone is guilty, that is not the end of the matter. How strong is that evidence? Are the witnesses believable? Do they have a grudge against the Defendant? The heart of our judicial system is the Jury Trial. A trial is literally the first time when anyone hears ALL of the evidence. Trials can be stressful but in a close case they can be a life saver.Technicalities and The LawI often hear people say that a Defendant got off due to some technicality. There are no "technicalities" in Law, there is only The Law. Should it apply to everyone or should we allow the government to be immune from following the law? If the police violate the law, then the remedy can range from suppressing evidence to throwing out the case entirely.The Court System is our best attempt at creating a process that is fair. Like any system, however, it is only as good as the people who work within it. Defending people accused of crimes is not about "helping them get away with it," rather it is about ensuring that everyone is treated fairly. At The Cahoon Law Office, we still focus on one client at a time and ensure that all legal defenses and rights for our clients are used and protected.Copyright (c) 2007 - The Cahoon Law Office - All Rights Reserved.
DUI Criminal Defense - Why Not Testify In Your Own Defense?Choosing and employing a criminal defense lawyer early on in any case is the best way to increase one's probability of success in any criminal trial. Many of the more prominent people in society already have a battery of lawyers at their behest that spring into action whenever any legal problem arises.You may not be one of these high profile people, and you may not have employed an attorney as of yet because a) you do not really have a need for them yet or b) they are, of course, too expensive to just have on hand. But even given this you will have to keep in mind that in the case of an impending criminal trial, choosing and hiring a good lawyer early on is your top priority.In fact, the outcome of your entire case may even hinge on whether this single matter alone. If you hire a lawyer early on, there is a chance that, due to his or her timely actions, there will be no need for any case and trial at all. You might just be able to dodge the bullet on time.Your choice of lawyer can also affect the amount and quality of evidence that is allowable by law to police and investigators. This alone is reason enough to hire good lawyers with good grasp of such kinds of investigation practice. If you have been watching enough trial TV, you will notice that many trials drag on endlessly only to argue whether an evidence is acceptable in the court of law.This is important because some cases decisions all depend on sometimes just one piece of crucial evidence in a case. If you do not have expert advice this early in the ball game then you might have just lost your case right on the outset.Whether or not you are in a bind to find a good criminal defense lawyer, it would be good to keep in mind these pointers on determining a good criminal defense attorney.1. Lawyer Specialization
Look at the lawyer's background. Does he or she have specialization in criminal defense? Just because on is an attorney does not mean that he or she automatically qualifies as a good criminal defense lawyer.Lawyers are a lot like doctors. And the legal field is pretty much similar to the medical field. There is a host of specializations and fortes making having one lawyer adept at all close to impossible. And in the same wise that you wouldn't trust a brain operation on a dermatologist, you should stick to a defense crime lawyer when you need such representation in cases.Also look at past case performance to see if the lawyer is fit to represent you fully in your case. If the lawyer has had experience in cases similar to yours, and has been able to perform well and respectably, then that would be a good thing to look out for.2. Try Him for the First 30 Minutes
You will probably decide whether the lawyer is worth it during the first 30 minutes of meeting the person. While the first few minutes of meeting will not give you an accurate gauge of the lawyer's services, it will still give you enough information to decide whether the person should represent you at all.Pay close attention to how the lawyer listens to you during the initial interview. Does the lawyer listen intently paying close attention to details and asking pertinent questions at crucial junctures? Or is the lawyer just blowing by the interview and missing important details?Look at the lawyer's body language as well; you will be able to find out whether he or she is interested in the case itself. If the lawyer is showing a little boredom at your case, then it would be safe to consider other lawyers for the practice - unless the particular lawyer is a known genius and pulls through even with such demeanor.However, if you want to play safe, then it would be a good bet to find a lawyer the listens intently, is interested in your case, and is not aloof and overbearing in dealing with you.3. Don't Be Afraid to Ask Questions
Do not, at all costs, be afraid to ask questions. Matters such as bills, scope of the case, payment details, and other matters should not be an esoteric exercise. Everything should be transparent and open.Your lawyer should not tire of explaining and elucidating legal terms and strategies regarding your case. It is your head, after all, that is on the line. The lawyer should cooperate and interact with you on the case.Conclusion
Good lawyers are not that rare. However, a good lawyer that fits your case and your personality perfectly is. Make sure you have enough time to choose and evaluate those that will represent you in the court of law.