Posts Tagged ‘DWI Defense’
Posted on May 13, 2010
DWI cases put a tremendous burden on the legal system. This compounded by the fact that many of these cases could have been prevented if drivers only showed a little more responsibility. Every year, millions of drivers come before the court on DUI charges. As a mean of deterrence, judges have become less tolerant in their judgment. This has left many drivers fretting and always seeking to find out how to identify when they are losing their DWI case.
Sure Signs of losing your DWI Case
Some of the signs that you are losing your DWI case depend on the personalities of those present within the courtroom. After the second trial, you should be able to detect these signals from the prosecutor and the judge. Some of these tell-tail signs include:
- 1. The attorney is pushing for a plea bargain: It is well known within legal circles that the one who first offers a plea bargain is always the one with the weakest case. So if the lawyer identifies that your case of defense due to the severity of your charges, he or she will opt for plea-bargain to reduce the charges that will be laid against you.
- 2. The arresting officer is always in court: Going to court is the last wish for any police officer. Many hope that after they have charged you with a DUI, you will just accept it and pay the requisite fees or just plead guilty. Therefore, if your arresting officer is always present, they are very confident of winning their case. His presence will enable the prosecutor to get information directly from the horse’s mouth and thus solidifying their case.
- 3. The attorney keeps checking the law books: Not all attorneys specialize in DWI cases. As a result, they may not have the level of experience required to win your DWI case. Hence, before they ask any question, they must check their books to see that the question is within context. This will significantly remove any confidence the judge had in your case as the lawyers effort has much more to be desired. Due to their lack of confidence, you will certainly lose your DWI case.
- 4. The judge seems unimpressed: If you keep watching the reaction of the judge every time a new piece of evidence is entered into the hearing, you will be able to tell if the judge is impressed or not. If the judge looks at you constantly with seriousness, start shaking in your boots, as your case may be going sour.
- 5. Your statements lack credibility: If the prosecutor is able to drill holes into your statements and even back them up with proof of inconsistencies, be sure that you will not be able to win your DWI case. It is the duty of the persecutor to find holes in your case and they will exploit these weaknesses straight through the proceedings. It is even worse if your defense attorney is unable to counter the prosecutor’s claims.
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Posted on Mar 04, 2010
Driving a vehicle while drunk or under the influence of alcohol in Wisconsin is one of the most common offenses in the courts currently. In 2002, about 17,500 people were killed in accidents caused due to drunk driving. This means that about 41% of the 42,815 people killed in all traffic were due to drunk driving. If you are arrested for a DWI in Wisconsin, you need to be aware that it can be quite tricky to handle the case. It is best that you hire a Wisconsin DWI defense attorney to handle your case as he has better understanding of the scientific and medical concepts and will be able to question witnesses including scientists and police officers effectively to defend your case.
If you plan to fight your DWI case in Wisconsin, hire an experienced and qualified DWI attorney who has expertise in the field and has specialised in handling such cases. He will be able to either reduce the penalties or completely remove the charge from your records. If you are suspected to have consumed alcohol, the officers have the right to take field sobriety tests to determine if you have through breath, urine or blood testing. The most common blood alcohol test is to determine the blood alcohol concentration.
If you do not agree to take the field sobriety tests, your license will immediately be suspended according to the DWI law of administrative licensing suspension. This might affect your DWI defense. If you are proven guilty of a DWI, the officer will also suspend your license and it will be considered a misdemeanor offense. If it is your repeat offense, the penalties offered to you will be more severe
Choosing a Wisconsin DWI Attorney
When arrested for DWI, the first step you need to take is to contact a DWI attorney in the area. However, when choosing your Wisconsin DWI attorney, you need to be careful of choosing one who is not just a private attorney but one who has specialization in DWI defense. Your decision should not be restricted to the cost of hiring the DWI attorney but should be based on the attorney’s knowledge and experience.
They should be well versed with changes in the DWI laws in Wisconsin as well as the medical and legal aspects of the case. When arrested, it is better to hire an attorney immediately so you he can help you in revoking your license by appealing in the court within a stipulated timeframe.
When you choose your Wisconsin DWI attorney you need to look for answers to a few questions related to the credibility of the attorney:
- Does the attorney have adequate DWI experience?
- Does he personally handles the cases and discusses the facts of the case and research on the criminal charges prior to indicating the fees?
- Does he have adequate knowledge about DWI laws?
- What is his background and his experience in Wisconsin?
- Does he have necessary expertise in defending DWI cases?
- Does he refer to various procedures, manuals and books used to train Wisconsin officers in making a DWI stop and arrest?
- What is the cost involved in handling the case?
An experienced Wisconsin DWI attorney who specializes in blood alcohol analysis and drunk driving cases can effectively handle criminal and administrative proceedings of your DWI case. He will also help you in ensuring that your rights are protected at the hearing in the court and improve your chances of keeping your driving privileges.
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