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DUI Discussion of Issues

Beside the more conventional arguments that often arise in the beginning of the case, there are a couple that are often overlooked. They may seem so obvious, that, at first, they are completely ignored until it is too late to question the evidence in plain sight.

Beside the more conventional arguments that often arise in the beginning of the case, there are a couple that are often overlooked. They may seem so obvious, that, at first, they are completely ignored until it is too late to question the evidence in plain sight. A knowledgeable attorney should think of them fairly early, and this is just another reason why hiring someone who knows what they are doing is so important to the case overall.

Could anyone else have been driving the car? If witness testimony is extremely limited, and more than one person was in the car, this can be a very critical question. Eyesight can be deceiving, and people who are afraid of getting caught will do odd things. This can include asking a friend who is not drinking to take the fall and the actual driver will pay the ticket instead of getting punished for a DUI. After all, the fine for weaving is much lower than the penalty for a DUI in almost every state.

The last question involves the actual arrest for the DUI. Unless the police officer actually saw the person driving the vehicle personally, the arrest may not be a legal one. In other words, if the officer was acting on an unreliable tip or based the arrest on mere conjecture or a hunch, the arrest could have been illegal. Evidence like a cold engine on a parked car when the police arrived is extremely helpful, or eyewitness testimony that contradicts the secondhand knowledge.

The prosecution will have thought of every reason why you should be held accountable for something you may not even have done, so it is critical to have someone on your side with some experience. Memories fade, paperwork gets lost, and tests can be inconclusive, so having someone who knows what to check and when can be a key factor. This is especially true for those who are pleading innocent.

Do not rely on last minute thoughts, and do not believe that you will not be nervous and anxious when it is time to go to court. If you represent yourself, you may forget that one all-important point that could have helped your case tremendously. You may not even know to ask the one question that causes all charges to be dropped. Only a professional attorney will know for sure. Use the men and women who train so long to be able to help people in your specific situation.

This information is provided solely for informational purposes and does not constitute legal advice.

As an attorney practicing in New Hampshire, William Bly of Nielsen and Bly focuses a good portion of his practice on drunk driving related issues. For more information, visit the firm’s New Hampshire office website now. http://newhampshiredwidefense.com/

Distributed by http://www.ContentCrooner.com

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