Strategies for a DUI Trial

 Posted on December 17, 2015 in DUI/DWI

Many people who are charged with DUI under Illinois law are first-time offenders, and they have no idea what the DUI trial process will be like or even how it should be approached to either get the case dismissed or get the charges reduced. An experienced DUI criminal defense attorney with many years of trial experience can acquaint you with the process, and after developing an understanding of the facts about your specific DUI case, your attorney will be able to help you develop the best strategy for your trial.

The fines and penalties for a DUI conviction are significant and cannot be taken lightly, so presenting your best possible defense to the charges you face is in your interest. You want your DUI charges to go away, and a skilled and experienced criminal defense attorney will be able to evaluate the options that are available. to you. There are a number of strategies you may be able to utilize. For instance, you may present any of the following:

• Evidence suggesting innocence or mitigation of your alleged crime. When you can produce evidence that you are innocent of the charges that are pending against you, or that you are guilty of a lesser crime, this evidence can be helpful in your DUI trial.
• Lack of evidence in support of your charges. On the flip side, if the prosecution lacks sufficient evidence against you for the alleged crime, your DUI case could be dismissed.
• Witness testimony supporting your defense. Witness testimony that supports your defense is helpful in your DUI trial. If a passenger observed how the arresting officer failed to adhere to proper DUI field sobriety testing or arrest protocol, this testimony could be used to have your DUI case dismissed. You yourself could also be a witness at your own trial, if your DUI criminal defense lawyer thinks this would be a good idea.
• Expert witness testimony supporting your defense. An expert witness could offer evidence to suggest that the breathalyzer test or other chemical test results are incorrect. You could have produced a false positive blood alcohol concentration, or there could have been factors that contributed to a higher than accurate blood alcohol concentration estimate, and an expert witness could offer medical or scientific evidence to support your defense.

Motions Can Help You

There are situations in which you can use a motion during your DUI trial to get the case or certain evidence thrown out, or to require the prosecution to do, or not do, something. Motions can change the course of prosecution in your DUI case and when used effectively and appropriately, motions can help strengthen your defense.

Motions are written requests made to the court by a movant party (i.e., the party or person making the motion is a movant), and the court will decide whether to grant or deny the motion. Motions are sometimes very complicated, full of legal language, and have to be submitted in a certain format and within certain time limits. An experienced DUI lawyer will know which motions are applicable to your DUI case and whether you should make them in your defense.

Contact Our Office Today

DUI trial strategy is an important aspect of your DUI criminal defense, and an experienced DUI criminal trial attorney can help you through this process. Please contact a passionate Rolling Meadows DUI attorney immediately if you need assistance with your case. We are happy to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501