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Common Defenses Used in DUI Cases

     Getting convicted for a DUI has a number of serious consequences. A DUI conviction stays on your criminal record for the rest of your life and will result in loss of freedom, heavy fines and court fees, suspension of the driver’s license and loss of driving privileges, along with possible jail time. Some other consequences include mandatory installation of an Ignition Interlock Device, DUI counseling, alcohol screening, and probation. Contacting a DUI defense attorney is crucial to avoid getting a conviction on your record.

A DUI defense attorney will use different strategies to have the charges dismissed. Some common defenses used in DUI cases include the following:
Defendant was not driving – This is the most common defense used in order to avoid getting a conviction. The prosecuting attorney will have to prove that the defendant was actually driving a vehicle at the time of arrest. If the defendant was parked at the side of the road, that is used as a possible defense in DUI cases.

Illegal stop – If the police officer stopped the driver without reasonable suspicion, that is a possible defense used by the defense attorney. If the officer did not follow the necessary standards during the arrest, that can work in favor of the defendant.

Failure to read Miranda Rights – When someone is arrested, the police have to read them their Miranda Rights. Failure to read Miranda warnings can be used as a possible defense in DUI cases. However, this rule will not affect the officers right to admit evidence required before the actual arrest.

Explanations related to the Suspects Appearance

The officer needs to make certain determinations related to the suspect, such as their appearance, before they investigate them further. Details related to the suspect’s appearance need to be mentioned in the arrest report as well. Some common observations noted in arrest reports include if the suspect had bloodshot eyes, if they had disheveled hair, or if they had slurred speech and so on.

Behavior of the Suspect

The investigating officer has to make several observations before they request the suspect to submit to field sobriety tests. For example, they need to observe if the driver was weaving between lanes, running a stop sign, changing speeds or was driving recklessly.

The officer also has to observe behavior of the suspect when they approach the vehicle. The officer will observe if the suspect had jittery eyes or had a flushed face and so on.

Challenging Field Sobriety Tests

The defense attorney can also challenge the field sobriety tests carried out at the roadside. If the officer failed to give proper instructions, or if the suspect insisted they had a medical problem, but the officer continued with the tests, all can be used as possible defenses. Similarly, if the person was wearing high heels at the time when the tests were carried out or if the road was slippery or uneven, then that can be used as a possible defense.

To discuss other possible defense strategies in DUI cases, contact an
experienced DUI or criminal defense attorney.

Restraining Orders for Domestic Abuse

If someone has been a victim of domestic violence, they can seek protection through the issuance of a restraining order from court. The restraining order instructs the alleged abuser from having any kind of contact with the victim. However, for the court to be able to issue a restraining order against the abuser, the victim needs to provide reasonable proof to show that physical abuse actually occurred. When a restraining order has been issued, the alleged abuser is instructed to stay at least 100 yards away from the victim.

Benefits of Domestic Violence Restraining Orders

Domestic violence restraining orders are beneficial as they protect victims of domestic violence from the abuser who may be stalking or harassing them. A petition for restraining order needs to be filed in the courthouse of the county where the victim or abuser reside. Restraining orders are issued as a warning to the abuser to stop any kind of violence towards the victim.

The abuser is ordered to maintain a specific distance away from the victim’s home as well as other places where the victim visits regularly, such as their place of employment, their child’s school, or any other location which the victim visits frequently. The abuser may also be ordered to handover any weapons, firearms, or ammunition to law enforcement.

How to Obtain a Domestic Violence Restraining Order?

Domestic violence restraining orders are handled differently in different jurisdictions. Some jurisdictions require the victim to complete an application that is submitted to the family court while others require the victim to prepare a petition setting out the reasons why a restraining order is required.

Different relations between the individuals of domestic violence cases warrant different types of restraining orders. For example, the abuser and the victim could have been former romantic partners, or they could have been live-in companions. In other cases, the abuse could be between married couples, or even a former spouse. Domestic violence cases are also reported among people who cohabit in the same home, such as a landlord and paying tenant and so on.

What Constitutes Domestic Violence?

Certain acts of violence can warrant the need of getting a domestic abuse restraining order. Some of the common actions include actually physically hurting or injuring another person, threatening to cause physical harm or damage to someone, sexually harassing someone, stalking the victim or using other means of causing injury to that person.

If the actions of violence are being directed to the victim, or to the victim’s child, then that will also be considered enough for such an order.

In some jurisdictions, the court may issue a temporary restraining order. Once a restraining order is issued, a hearing may be scheduled at a later time to enquire if the victim needs to continue with the domestic violence restraining order. Both parties have the right to have legal counsel present their case at the hearing. The victim provides reasonable proof of abuse at the hearing such as any recordings, photos, copies of threatening communications between the individuals and so on.

If you have been a victim of domestic violence or abuse, get in touch with a criminal defense attorney immediately.

Article Source:

Qualified legal assistance is essential if you have been accused of committing a crime. When hiring the right attorney can mean the difference between going to jail or having the charges against you dismissed, you must take prompt action and find the right lawyer for your case. James Abate has the experience, knowledge and passion you need by your side.

Posted on 2016-10-21, By: *

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Note: The content of this article solely conveys the opinion of its author.

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