Building a Defense For Howard County DWI Charges
Although charges of driving while intoxicated may not seem like a major offense, if convicted, they can have a serious impact on your life. For this reason, it is important you seek experienced legal representation in the form of an experienced DWI lawyer today. Your attorney could begin building a defense for Howard County DWI charges for you.
Steps When Building a Defense
Well, the first and most important step that an attorney may take when building a defense for Howard County DWI charges is to conduct a thorough intake with an individual. This involves asking them as many detailed questions as possible about the case. The lawyer may ask the person to recount their entire day to them. The lawyer may also look at any kind of medical conditions that could be relevant or serve as mitigating factors. The attorney may also look at any kind of mistakes that the officer has made during the course of the arrest.
Conducting an Investigation
Next, an attorney may conduct their own independent investigation of the case. They may ask for discovery from the state attorney’s office. Discovery refers to all of the evidence that the prosecution may use to prove the DUI charge in court. That will be the police report that will be the back story on the breathalyzer machine as well as the operator. It will include video if there was any video present. It will include 911 logs or any other evidence.
Finally, the attorney may thoroughly review all that evidence and try to see if there are any weaknesses in the state’s case. If there is, then they can litigate that defense or present it to the prosecutor in hopes that they will just dismiss the case rather than litigating it.
How Constitutional Issues Impact DWI Cases
In many DWI cases, constitutional issues could lead to the complete dismissal of a case. Especially if a judge finds that there was no proper basis for a stop of the vehicle pursuant to the Fourth Amendment of the Constitution or for an arrest of an individual based on a lack of probable cause. Constitutional issues can be vital in building a defense for Howard County DWI charges. Constitutional issues are treated very importantly by all court systems. Frankly, that is what the court is there for, to hear the constitutional issues and determine whether or not people have been or have not been properly arrested or their rights have not been violated by the prosecution.
What Interpretation of the Constitution Do Howard County Judges Follow?
The judges often have their own interpretations of the Constitution and it is up to their discretion. They hear arguments from both the prosecutor and the defense, on what constitutional issues exist, and then make the determination based on what they hear about what should happen with respect to that argument, whatever relief is being sought from the moving party.
Importance of Hiring an Experienced Howard County DWI Lawyer
Knowing the personalities involved in a given case can have a huge impact on the outcome of the case. Having somebody who knows the officers in Howard County and knows what mistakes they tend to make on a regular basis and somebody who knows the prosecutors in Howard County, and knows how to present a given set of facts to them to show them that their case is not as strong as they believe.
Most importantly knowing the judges in Howard County is imperative as well. The personality of your judge is going to have a huge impact on the outcome that you receive in the legal system. So knowing your judge is probably the single most important thing that lawyer can do for you. The only way you really get to know the judges is by practicing in front them, so having a lawyer who has experience practicing in Howard County is very important for the proper handling of a DUI case.