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Driving under the influence of alcohol or drugs is a serious criminal offense. It is strictly advised to avoid doing so, but sometimes people tend to do it and ultimately end up being caught under DWI (driving while impaired) lawsuits. The DWI and DUI charges are usually handled by the criminal proceedings court of the corresponding state.
The convicts have the option to present yourself in front of the court and defend. However, most of the defendants prefer to hire an expert DWI lawyer, well versed in laws and legal proceedings of the criminal court. In this article, we will discuss some general factors one should consider falling prey to a DWI lawsuit and while considering a legal representation to defend yourself.
Getting a DWI lawyer’s opinion
Even though there is an option, it is not easy for a common citizen with no legal knowledge or expertise to assess the strengths and weaknesses of a DWI lawsuit. The criminal laws related to DWI are complicated and also connected with many other clauses of minimal proceedings, which is difficult to understand without good knowledge.
Above it, the DWI laws are very complicated and also constantly changing. Each DWI case may be different and the primary facts to consider changes from case to case. So, we need to understand that each DWI case is unique and so getting the opinion of a skilled and knowledgeable DWI lawyer is mandatory.
When it comes to considering a lawyer, you can see that most of the DWI lawyers tend to offer a free consultation initially to the client. With many such providers in this sector, there is a high competition, which enables a low fee structure and top-quality services to the users. For the top consultants you come across with good rating and excellent feedback, it is even worth if you have to pay a minimal fee for the initial consultation.
Keep the police first information report, your case documents, and your license and other personal information ready while consulting a lawyer to get an opinion about your case. You may also prepare a list of questions which you want to get answers for, before heading to a lawyer. It is not mandatory that you have to hire the same attorney you consult.
Meeting a few numbers of lawyers in your region is a good way to assess whether you are comfortable with them and feel confident about their experience, knowledge, and skills before hiring. As it is a serious decision to make, here we will discuss some of the major mistakes inexperienced or inefficient DWI attorneys tend to make, knowledge of which will help you identify who is worth and not.
- Not challenging the traffic stop
Sometimes, the legal suit for DWI can be won even before the trial starts. As we know, the police officers may also make mistakes while performing their official duties. If in such a case, a police officer adopted a mode of the stop, which is not supported by law, then judges may suppress the traffic stop.
Similarly, even if the motion is not found successful, then it also provides an add-on opportunity to re-examine the charging officer. The officer will be cross-questioned and the DWI Lawyer Suffolk County can ask a wide range of questions. If the testimony of the office at the motion to suppress hearing may be different from that of the trial, then the less testimony will be considered by the jury, and a favorable sentence can be expected.
- Not challenging the suspension of license.
Some lawyers don’t schedule an administrative license revocation or ALR hearing if they think that it isn’t worth giving it a fight. However, this is a grave mistake to make. In an ALR hearing, a good lawyer will get the opportunity to cross-question the charging officer. In many cases, it is a chance for the lawyer to lock-in the arresting officer testimony. So, in every case, it is advisable to request an ALR hearing and conduct it successfully.
- Being prejudiced about the success chances of a case
Many lawyers take a stand that DWI cases cannot be won if there is an adverse chemical test report. If the test result is over the baseline rate of .08, then many attorneys tend to advise the clients to plead guilty. There are possibilities for the breath and blood tests also to have some flaws, which can be defended at the court. The chemical tests and field sobriety tests needed to be administered in the correct manner, which is often not.
- Not visiting the scene
Many lawyers also don’t visit the traffic stop scene or where the field sobriety tests are performed. However, inspecting the scene personally can be very crucial where the attorney may be able to identify any roadside impediments, which affected the way how the test was performed. Finding any of such things through personal inspection can be included while cross-questioning the arresting officer to get some favorable points.
- Not hiring an expert
When you plan to go for a DWI trial, it is essential to consider an expert lawyer to be hired. Even though an established DWI lawyer should be knowledge of all potential errors made by investigating officers, whatever the attorney raises during a trial is an argument, but not a testimony. With this, the attorney is always limited with the information which can be conveyed the judges. With proper experience and qualifications, one can effectively communicate with the jury about the possible deficiencies in the case.
Also, while you consider hiring an attorney, talk to them in detail to understand whether they are apt for your purpose. Through one-on-one communication, you may also assess their level of knowledge as well as the level of expertise they have.