- Mobility Aid Centre Australia
DUI First Offense Your First Port of Defence
by
Ronald RossWhenever someone gets arrested on DUI First Offense, the typical reaction tends to be panic. However, much more than that needs to be done when it comes to the DUI first offense, and it invariably tends to escape the attention of the person involved, as to what could be done and what needs to be done under the circumstances. For instance, people who are arrested under DUI First Offense do not know what their rights are, and how they could establish their innocence when they are arrested. It is here that a skilled DUI Defence lawyer may be able to make a significant difference to the course of the case, and in defending the DUI First Offense accused.
The normal person would be caught unawares of what goes into the DUI First Offense judgment and how the circumstances might have been stacked against them. They may be unaware, for instance, of the existence of a limited window of opportunity for any appeal against a DUI first offense to be made, and this timeframe typically depends on the state in which the arrest was made. This window of opportunity for request of an administrative hearing is crucial, as an appeal might not be possible after the period and the driving licence would get suspended.
Another significant aspect with regard to DUI first offense is that while the person arrested may not know which aspects to address and tackle with regard to the offense, a skilled DUI Defence lawyer would know precisely which pieces of evidence are crucial and which ones would make a difference when it comes to the defence in DUI first offence. One line of argument could be the effectiveness of the machine used in testing, where the lawyer may be able to ask for a maintenance history to see if the records are maintained up to date for the machine. Further, even the evidence noted by the officer who observed the behaviour and made the arrest would be countered as being largely one-sided, given the fact that the officer would observe only the odd behavioural patterns, and would not be under an obligation to take note of what when right on the occasion. The evidence recorded in the field sobriety tests involved in DUI first offense could be questioned by the DUI Defence lawyer. The underlying principle in all the prospects of refuting the evidence, which are many, is that the burden of proof of DUI first offence lies with the prosecution and there is enormous scope for leveraging this principle in the defence of the arrested in a case of DUI first offence.
For instance, people who are arrested under DUI First Offense do not know what their rights are, and how they could establish their innocence when they are arrested. It is here that a skilled DUI Defence lawyer may be able to make a significant difference to the course of the case, and in defending the DUI First Offense accused.
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