Articles Posted in Evidence

One of the most important variables in a Los Angeles DUI case is that of the evidence that can be presented against you. When your case goes to Court, you will present your case, and the prosecutors will present theirs. Each side of the case will hinge upon evidence and the more stronger the evidence, the stronger your case will be.

One of the biggest pieces of evidence is that of the officer’s report. Often called discovery, the officer’ report outlines a crucial part of your case, the arrest. When you are pulled over, there are several procedures and laws officers have to follow. If they do not follow these procedures, the case could get dismissed, so officers must watch their conduct, and properly write it down in their report. The report will then be scrutinized and analyzed by the Los Angeles DUI Lawyer you retain to represent you.

For example, an officer must have reasonable cause to stop you in the first place. If they do not have reasonable cause, it is not a valid stop. There are several ways officers can meet this procedural requirement. One way is if you violate a traffic law. This could be speeding, running a red light, failing to stop at a stop sign, or even not having your headlights on at night. Another way is if you are pulled over at the side of the road with car trouble or perhaps after an accident. This is called a welfare check. Officers have the right to stop and check to see if you are alright and if you need any help.

If you have been arrested for a Los Angeles DUI, Prosecutors must demonstrate that it can be proven beyond a reasonable doubt that you were 1) intoxicated and 2) driving. They must show that both elements exist, and not just one or the other.

You have certain Constitutional Rights that are given to you by the US Constitution. These are very important rights that come into play when you are facing criminal charges. These rights include the right to an attorney, the right to present evidence, the right to a fair trial, the right to be heard. These are all very crucial when it comes to your criminal case and they are rights that should not be taken lightly.

As stated, one of the biggest rights that you have is the right to present evidence at your trial. The type of evidence you would want to produce will require careful planning and discussion. It is a good idea to consult with a Los Angeles DUI lawyer before proceeding to trial. An experienced and knowledgeable lawyer will know the criminal court process, the procedure and the laws so that they can carefully and strategically plan your case. This will require a careful analysis of the facts, of the defenses and the arguments.

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