Understanding the Basics of Consumer, Financial and Personal Injury Law

About Me

Understanding the Basics of Consumer, Financial and Personal Injury Law

Up until nine months ago, I always considered myself above everyone else when it came to having good credit. I paid my bills on time and never went a day late on rent. I became the epitome of what a good consumer should be. But after losing my job after 12 years of faithfulness and hard work, my ego took a hit and so did my credit and finances. Humbled, broke and unable to pay my bills, I decided to file bankruptcy. I couldn't get a job right away and the only way to stay afloat was to start over. My bankruptcy attorney helped me do that. I started this blog to teach you how to come back from a financial and personal disaster with your life intact. I hope that you find the legal counsel you need to rebuild your life as well.

Presenting A Defense In Your DUI Case

Have you recently been arrested and charged with either DUI or DWI? If so, it is important for you to know that you cannot avoid a conviction simply by going into court and denying the fact that you were intoxicated. This is true even in cases where a breathalyzer or other sobriety test was refused. This is because the law currently recognizes a refusal to be the equivalent of a failed sobriety test. With this in mind, you should also know that there are several legal defenses that you or your lawyer may be able to present in order to help you avoid a conviction. Below you will learn more about these possible defenses.

Defenses Related To Your Arrest

From the moment a law enforcement official decides to pull you over till the moment you are released from their custody, there are very specific protocols that they must follow. A failure to follow these protocols could result in the evidence against you being ruled inadmissible or the charges against you being dropped.

When deciding whether or not to challenge your DUI arrest, take a moment to ask yourself the following questions.

  1. Did the arresting officer have probable cause to stop your vehicle?
  2. Where you read your Miranda rights when being placed under arrest?

If you answered no to either of these questions, challenging your arrest may be your best defense to the charges against you. Choosing to present this defense can be quite complicated and may require the use of witness or expert testimony. Consequently, if you decide to move forward with this defense, it is always best to retain the services of a highly qualified DUI attorney.

Defenses Related To The Charge

As with all criminal charges, there are certain standards that must be met in order for you to be convicted of a DUI or DWI. In the case of a DUI, these standards state that you must have been both intoxicated and driving in order to be found guilty. While you may not be able to challenge your sobriety in court, you may be able to challenge the fact that you were driving at the time of your arrest.

If your vehicle was parked at the time of your initial contact with the arresting officer, you may be able to argue that you were not actively in control of the vehicle and therefore cannot be charged with a driving related offense.

While this defense will not be viable in most DUI cases, it can be extremely effective in cases where the facts support the assertion that the defendant was not driving at the time of their arrest. If you believe that the facts of your case are a good fit for this defense, you may wish to share this information with your attorney like Edward Galang Law so that you can begin preparing to present your defense in court.


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