If you’ve been arrested and charged with a DWI, but you feel the charges are unfair, there are many defense options you can consider to help win your case or reduce your punishment if found guilty. If you would like to know more, check out these four defense options for your DWI charges.
1. No Probable Cause
An officer needs probable cause to pull you over and accuse you of driving while under the influence. Probable cause includes swerving, driving under the speed, speeding, judgment problems, etc. Once you’ve pulled over, the officer can continue looking for probable cause, including alcohol on your breath, slurring speech, difficulty rolling down window/getting out a license, slow response time, and much more.
If you have a criminal case, you should know that the court won’t just accept any evidence during your trial. The court can reject evidence from both the prosecution and defense. Below are some legal grounds that might make evidence inadmissible.
Hearsay refers to out of court statements repeated in court. The statements can be oral or written. Courts typically reject hearsay evidence since they amount to nothing more than gossip. Consider a case where you face criminal charges, and a friend alleges that they heard a mutual acquaintance declare your innocence. The court is likely to reject the testimony as hearsay.
The Sixth Amendment to the U.S. Constitution gives criminal defendants the right to a public trial. Although this right has numerous benefits, there are also several cases in which it doesn’t apply.
Reasons for the Right
Driving while under the influence or driving while intoxicated (DWI) charges are one legal battle that no one ever wants to be faced with. If you have never been charged with a DWI before and suddenly find yourself in this situation, you are likely feeling overwhelmed about the best way to proceed. Here are four tips for those facing a first-time DWI offense so you can be sure you are doing the most to get your life back on track.
1. Learn About DWIs
When you’re convicted of driving while intoxicated (DWI) in the state of North Carolina, you automatically lose your license for a minimum of 12 months. Although the state laws treat DWI as a very serious offense, they also make it possible to reinstate your driving privileges if you take the right steps.
To get your license back as fast as possible, your DWI attorney can help you with all of the following.
When you’re charged with a misdemeanor in Cumberland County, you always want to fight it. Don’t assume that a misdemeanor can’t come with damaging penalties because it’s not a felony. Here’s what you need to know about misdemeanors in Cumberland County, and why you should always fight them.
Not All Misdemeanors Are in the Same Class
If you’re a motorist in North Carolina, it’s important to know the traffic offenses that could lead to a ticket. Traffic tickets, including those issued due to infractions, can result in higher insurance rates, revocation or indefinite suspension of your license, and possibly a misdemeanor or felony charges. Here are the top four offenses that could net you a traffic ticket.
Unpaid traffic tickets, an accumulation of points from several violations, and tickets for certain high-risk violations could cause a suspended or a revoked license. Suspensions can involve added charges and additional legal trouble if drivers operate after their suspension.
All drivers should understand the risks and know where to go for help for different causes of suspension.
Suspensions from Unpaid Tickets
The Department of Motor Vehicles (DMV) in any state in the U.S. can suspend the license of any driver who chooses not to pay the fee for a traffic violation. A speeding ticket received during a visit to another state may seem too minor to worry about once back home, but the Driver License Compact makes ignoring it impossible.
Have you been arrested but cannot afford to pay the bail necessary to go home while you await your court date? The bail system that is part of the U.S. judicial process can sometimes become a heavy burden for a defendant of lesser means. If this includes you, though, don’t lose hope of returning to your normal life while you defend yourself against charges. Why?
The answer is that you may still be able to get your bail reduced through a hearing. Here are a few key things to know about such a hearing.
Can You Get Bail Reduced?
The U.S. Constitution prohibits the use of excessive bail but does not give a strict interpretation of what counts as excessive. Generally, the law has defined an excessive amount as so high that a person is essentially forced to stay in jail. If you cannot raise the funds to meet your own bail, then, you may argue that yours is excessive.
Accusations of a crime can severely impact a person’s life. It can affect your job, your personal life, and your ability to rent an apartment or buy a home. One of the more serious accusations is the crime of assault. If you have been falsely accused of assault, then you need to contact a lawyer immediately.
Take immediate action to prove your innocence of these charges. Here are the steps to take if you are falsely accused of assault in North Carolina.
Gather Evidence and Document Everything
Gathering evidence and documenting everything that happened during and after the alleged assault is vital to your defense. Sit down and write out everything you remember about the incident that lead to the accusation. This includes any witnesses that may have been around.