If you are charged with DUI, driving under the influence you are facing the possibility of serious penalties as this offense is serious. If you have been arrested and charged with this offence you should consider hiring a DUI defense attorney in Orange County who knows every legal defense that is available to you. When a serious defense is mounted by a seasoned attorney you have a better chance of having the charge dropped or at least reduced in severity, you can prevent be suspended from driving or the attorney may see that you are acquitted after a trial.
When you have been charged with DUI it is up to the prosecution to prove two things in particular; that you actually did a drive a vehicle and at the same time you were under the influence of alcohol or drugs. If these issues can be proven then the assumption is that you ability to operate a motor vehicle was impaired.
A DUI defense attorney in Orange County will mount a defense, attempting to prove that either of these elements cannot be proven; this in turn prevents the prosecution from proceeding with the case. At the same a defense attorney might prevent the prosecutor from introducing evidence; this limits the prosecutor’s ability to prove a case at trial.
Although the defenses that are available to an individual charged with DUI vary somewhat from one jurisdiction to another there are some commonalities that are available everywhere.
Defense related to driving: If you were not driving the vehicle at the time of the alleged offense then it is impossible for you to be convicted of the offense. As the greatest majority of DUI cases start when a driver is stopped by the police there can be no argument as to who was in control of the vehicle. If however, a police officer did not actually see you driving, perhaps you were simply sitting behind the wheel of the car while stationary in a parking lot this may prove to be enough to see the case dropped.
Defense related to arrest: A police officer must have legal justification to stop your car in the first place. If you were stopped nevertheless the evidence gathered from this act may be inadmissible in court. This can leave the prosecutor with no other option but to drop the case as the evidence cannot be used against you.
A DUI defense attorney in Orange County can also challenge the arresting officer’s testimony in the event a witness can be introduced who saw things differently or if it can be proven that the arresting officer neglected to read you your Miranda rights.
Being charged with DUI is not something to take lightly, it is a serious charge and you will want a DUI defense attorney in Orange County to use his knowledge of the law in your defense. You are invited to contact the Law Offices of Christopher J. McCann for more information.
