Anytime a car accident occurs, the police investigate to determine if any criminal wrongdoing occurred. Those who become the subject of one of those investigations can be in for an uphill battle. Although an individual should be considered innocent until proven guilty in a court of law, too many times the court of public opinion issues its ruling first. This can leave criminal defendants struggling to raise reasonable doubt with regard to the criminal charges they are facing.
There can be many parts to a DUI prosecution. First, prosecutors may have to show that the initial stop that led to the arrest was legal. Second, they will likely have to prove that evidence collected by police officers, as well as witness accounts, is enough to demonstrate that the accused individual is guilty beyond a reasonable doubt. Although this is a high burden of proof to meet, many individuals who are accused of drunk driving may find themselves facing evidence that seems nearly impossible to overcome. However, even the strongest evidence can have weaknesses that can be successfully attacked to protect a defendant's legal rights.
Drunk driving charges carry serious potential penalties and consequences, including criminal penalties and administrative consequences such as license suspension, that it is important to be aware of. The potential penalties and consequences can increase if the accused individual has more than DWI offense and is on their second DWI offense for example. Drunk driving laws are commonly strictly enforced and accused individuals with repeat DWIs may be treated harshly.
Getting caught up in a drunk driving situation is not something anyone desires. Unfortunately, mistakes are sometimes made that result in law enforcement conducting various tests to determine if an individual is indeed inebriated.
Summer's at its peak, the days are nice and warm, the sun's out almost the longest we see all year, and many of us are off work for the day or maybe even a long weekend. The Fourth of July weekend for many Americans is a time to celebrate our freedoms as a nation. Whether we are honoring veterans and watching bands and floats go by at a local parade, or sitting on the lawn in town gazing up at the sky exploding in lights and color of fireworks, or just chilling in a back yard with family and friends enjoying some burgers, brats and beers, the holiday means many things to many people.
In New York State, there are different levels of DWI charges that a driver can face when arrested. If convicted and depending on the circumstances, a driver will deal with fines, be sent to jail, lose driving privileges and more.
For those in Rochester who are convicted of driving under the influence of alcohol and are facing the penalties for that action, the case is not over once the judgment has been issued. For example, there might be an ignition interlock device placed on the driver's vehicle and other attempts on the part of the court to ensure that the driver is adhering to the rules of probation. If there is a violation of probation, there can be more problems related to the drunk driving charge. It is still important to have a lawyer to provide a defense in such cases.
New Yorkers who are arrested for on DWI charges are keenly aware of the potential consequences that go along with a conviction. However, they might not realize just how severe and life-changing the punishments can be. If there is an accident, it might be understood that the punishments are harsh, but even those who are arrested for DWI and do not have an accident will now have to be concerned about a lifetime suspension of their driving privileges.
In New York State, driving under the influence can cause major, long-term problems for anyone convicted of it. Law enforcement is in a constant state of awareness of drivers who might be under the influence and will not hesitate to make a traffic stop to investigate.
People in New York State invariably understand that being arrested and charged with drunk driving can lead to various consequences. The amount of alcohol in the system is important for drunk driving charges, but it is not necessary to be above the generally accepted level of .08 blood-alcohol content to be charged. Less alcohol in the system combined with other indications of impairment can lead to charges.