Having a DUI defense lawyer in Charleston is important because this attorney understands the finer points of the law. When people try to defend themselves in court, and they don’t have a legal background, they can easily make mistakes that trip them up.
For instance, there’s a common misconception that the police must read the Miranda Rights to an arrested person or the case will be dismissed. That’s not how it works. The police must read Miranda Rights if they plan to question the arrested individual. Otherwise, any information they obtain during questioning cannot legally be used as evidence.
Police normally don’t question a suspect after an arrest for driving under the influence of alcohol. They might ask questions before the arrest, such as whether the driver had been drinking and how many drinks had been consumed. They normally only arrest someone after they have all the evidence they need to bring that person into custody. That typically includes results from a breath test and a field sobriety test.
A person who has been charged with DUI and hopes to use this technicality as a defense will not succeed. Having a DUI Defense Lawyer in Charleston is essential to maintain freedom, as this attorney knows which defenses work and which do not.
Another example of a technicality someone may think leads to a dismissed case is the arresting officer not appearing in court. In some instances, the officer has not even been asked to appear. Even if he or she has been asked to appear in court as a witness, work may interfere. The prosecution will ask for a continuance if the officer’s presence is necessary, and the judge most likely will grant one.
An organization such as The Wagner Law Firm provides skilled and knowledgeable legal representation to help people charged with this offense. Even if the evidence is clear and there is no way to have the charges dropped or the case dismissed, a defense attorney typically can make sure the client receives the most lenient penalties allowed by law. This is critical since judges are allowed to sentence DUI offenders to lengthy jail sentences. Visit our website for contact information.
