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Rockville Driving While Impaired Lawyer
Rockville driving while impaired cases are handled by the same set of judges and prosecutors on a routine basis. Hiring a Rockville driving while impaired lawyer who has a relationship with the prosecutors and the judges and can understand their temperament and what particular factors might be offensive to them is extremely important during a defense.
Some judges have a better understanding of the Fourth Amendment than other judges. They might be more inclined than other judges to grant motions to suppress the evidence based on lack of probable cause or some other constitutional issues. A Rockville DUI attorney who is familiar with the Rockville court system, prosecutors and judges will be able to establish that kind of a response.
Driving While Impaired in Rockville
Driving While Impaired (DWI) is a less serious offense than a Driving Under the Influence (DUI) charge. Driving Under the Influence carries a maximum penalty of up to 12 months in jail, 12 points and $1000 fine. Driving While Impaired carries a maximum penalty of 60 days in jail, eight points and $500 fine. DWI is a far less serious charge than a DUI.
In order to prove a DWI charge, a prosecutor needs to either prove that there was a per se violation, meaning that there is a .07 alcohol concentration level or there was a .06 alcohol concentration level coupled with bad driving. If there is no alcohol level introduced in the case, the prosecutor can meet the criteria of Driving While Impaired by showing that somebody met other factors that would be indicative of some impairment when they were driving their vehicle. In a case associated with a DUI or DWI, prosecutors take each of the cases equally seriously, but penalties associated with a DWI are going to be less significant by statute than those associated with a DUI charge.
A Rockville DWI Lawyer Can Help You Build a Defense
The most important step that we want to take is determining whether or not the officer actually had probable cause to arrest my client. In order to establish probable cause, the officer needs to show that the Field Sobriety Tests were not performed to the officer’s satisfaction, the officer had a basis to stop the car to begin with, or the officer had a basis, such as odor of alcohol, slurred speech, bloodshot watery eyes or something of that nature, to ask the person to step out of their vehicle to do the Field Sobriety Tests.
Without that information an officer cannot establish probable cause or place a person under arrest, and any subsequent alcohol concentration test would be inadmissible in a trial against the person. The most important thing a Rockville driving while impaired lawyer will look for is whether or not the officer followed the protocol and established the probable cause to make the arrest.
For example, important factors that a Rockville driving while impaired attorney will look for in Rockville DWI cases are determining whether or not the officer is actually able to establish probable cause to arrest the driver, how the Field Sobriety Tests were administered to the driver, whether proper instructions were given in accordance with the National Highway Traffic Safety Administration rules of administration, and whether or not the driver was properly advised after arrest of his or her rights as to the chemical breath test.
Kush Arora: Rockville Driving While Impaired Attorney
Clients choose me because I have over a decade of experience handling these kinds of cases, specifically in the Rockville, Montgomery County court system. I am very familiar with the judges. I have tried cases before all of these judges and I have handled every kind of DUI and DWI case before them. I understand their temperaments. I understand what is offensive to them. I understand their capacity to rule on these particular types of cases. That is why people choose me to represent them for Rockville DWI cases.