Being arrested for driving under the influence (DUI) can be a frightening
experience, especially if you’ve never been in trouble with the
law before. At the Law Offices of Virginia L. Landry, Inc., our Orange
County DUI lawyers receive calls from many individuals who want to know
whether or not they should fight DUI charges or simply plead guilty and move on.
Although every case is different and involves unique facts and circumstances,
you should understand that you have every right to fight a DUI charge
– and you should. There are many ways to fight the allegations made
against you, and many ways to achieve a more positive outcome than would
otherwise occur when you immediately plead guilty.
Below are 4 simple reasons why it’s worth fighting a DUI charge
The Government Has the Burden of Proof – Our criminal justice system is built on the presumption of innocence.
This means you are considered innocent until proven guilty beyond a reasonable
doubt, the burden of proof in a criminal case (and a higher burden of
proof compared to that in civil cases). Because it is the government’s
responsibility to prove their version of the facts beyond any reasonable
doubt, you have the opportunity to challenge their narrative and dismantle
whatever facts they may have against you. This is your right, and you
can take full advantage of it should you choose to do so.
Police Make Errors – Law enforcement officers are held to high standards, and these
standards are enforced by the court. This is because everyone is guaranteed
the same Constitutional rights when stopped, investigated, and arrested
under suspicion of committing a crime. By immediately pleading guilty,
you miss out on the opportunity to investigate the circumstances surrounding
your arrest. Did the officer have sufficient legal grounds to stop you?
Did they follow protocol and have probable cause to believe you were under
the influence? Were breath or chemical tests administered and handled
properly? If you just plead guilty right away, you miss the chance to
find out the answers to these questions. If police make errors or violate
your rights, it can result in inadmissible evidence and make a prosecutor’s
job of proving your guilt very difficult.
Defenses Are Available – Again, every case is different, but there are defenses available.
For example, you can challenge the basis for your stop and for the arresting
officer’s investigation. You can defend yourself against charges
that claim you were under the influence even if your blood alcohol content
was below the legal limit. Depending on the facts involved, an experienced
lawyer can find ways to defend against the accusations made against you.
The Only Way to Win is to Fight – To put it simply, the only way to win – whether that be a dismissal
of charges or a reduction of charges and penalties – is to work
and fight your case. Because the laws can be complex, it’s best
to work with lawyers who understand California DUI laws and how to produce
the best possible results. That’s exactly what we do for our clients
at the Law Offices of Virginia L. Landry, Inc.
If you have questions about a recent
DUI arrest in Orange County and want to know more about how our firm of award-winning
lawyers can help you fight your charges, reach out to our team as soon
as possible. Our firm is available to discuss your case and your rights,
and explain how we may be able to help during both your criminal case
and administrative hearings with the DMV regarding your driver’s license.
Contact us today for a free consultation.