What Evidence Do Police Look For At The Scene Of A Drunk Driving Accident?
Police are looking for alcohol containers as well as signs of the type of driving conduct that they believe supports an argument that there was impaired driving and that your motor skills were compromised by alcohol to the extent that you weren’t able to control your vehicle. When a driver is suspected of DWI, the individual is generally arrested, after being asked to perform field sobriety tests and a breath test.
If you are in the back of an ambulance because you’ve suffered some injuries, the police will determine that you’re not able to do the field sobriety tests but they will still try to get a breath test from you. If this isn’t possible, law enforcement will typically try to get a search warrant for a blood or urine test while you are being transported to the hospital. If you receive medical attention, they’ll get that search warrant. They’ll come back to the hospital and they’ll have hospital staff draw a blood sample from you or collect a urine sample.
Are DWI Cases Best Settled With A Plea Deal Or By Taking The Case To Trial?
Every case is unique. We’ve had plenty of success taking DWI cases to trial. Sometimes, we get them thrown out even ahead of trial with a suppression hearing. There are a variety of ways to challenge a DWI that can lead to a case being thrown out or the charges being lowered. Other times, there’s a lot of evidence against the client and the case isn’t thrown out. We determine that it’s probably not a good idea to go to trial and seek the best plea agreement we can get for the client. Ultimately, it depends on the nature of the evidence, whether there were any constitutional violations against you, and whether or not you want to go to trial or seek a plea agreement. We evaluate the case and determine whether we think it can be thrown out or whether we think there’s a good chance of winning at trial. We’ll then advise you and see what you would like to do. Ultimately, we let you make that decision. We will certainly show you the advantages and disadvantages to each possibility, and give you reasonable predictions for each scenario. Our goal is to get you the best outcome available under the unique circumstances of your case.
What Factors Are Considered In Making The Decision To Litigate A DWI Case Or Not?
Some people don’t want to go to trial, no matter what. Other times, the client really feels like the police reports were not accurate or honest. Ultimately, it is always up to the client. What we advise is going to depend on the strength of the evidence. Sometimes, we can get the breath, blood, or urine test thrown out of evidence, which can help in a trial. Other times, the test result itself is questionable because the breath testing machine is far from perfect. There are plenty of problems with it that can lead to inaccurate test results.
We may convince a jury or have enough reasonable doubt as to the accuracy of the test result in your case. Sometimes, the strength of the evidence is overwhelming and what we’re looking for is a good plea agreement for the client. Other times, we think that there’s enough reasonable doubt to get a not guilty verdict at trial.
Will I Face Harsher Penalties Than The Plea Offer If I Am Convicted Later At Trial?
There are times where you can’t do any worse at trial than you would under a bad plea offer. We typically tell a prosecutor that unless they’re going to make an offer better than what we would face going to trial, we may as well go to trial. There are other times where you face much harsher penalties, if you take the risk of going to trial. That’s something we always talk through with our clients and let them know if we think that they could do better going to trial than what the plea offer is.
For more information on Evidence In a Drunk Driving Case In MN, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (612) 351-1786 today.
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