"Don't raise your voice, Improve your argument."

~ Whitaker Attorneys

DUI | Traffic | Drug Charges | Appeals

Zealous Advocacy for Criminal Defense Clients

If you or a loved one faces criminal charges, it is critical that you discuss your case with an experienced, aggressive attorney as soon as possible. Important decisions that can impact the success of any potential defense must be made very early on.

Building a Defense Strategy for DUI and Other Criminal Charges

Regardless of the type of charge you face, the prosecution has the burden of proving each and every element of it. For example, in a DUI case, the state must prove that you were driving while intoxicated. A skilled attorney will probe for weaknesses in the prosecution’s case that can be exploited even before the trial is set. Most defense strategies center around the way evidence was collected or weaknesses in a particular element. Keep in mind personal, financial, and professional effects of a DUI can be devastating. Realistically getting your life back in shape could take years and never subside.

Reviewing Evidence Collection

Criminal defendants are afforded important constitutional rights against unreasonable searches and seizures. In a DUI case, this protection starts before the police even pull you over. They must have reasonable suspicion that a crime is being committed before they can make a traffic stop. In some cases, the police must satisfy a warrant requirement to search your person or property or to arrest you unless probable cause exists that a crime has been committed. Your attorney will review whether your rights were violated. If your rights were violated there may be grounds to request suppression of any evidence collected.

Common Defenses

In addition to evidence and investigation, your attorney will review whether the prosecution’s case can meet its burden of proof. If evidence of intoxication comes from chemical testing, you attorney will review whether that testing was done properly. If you have a medical condition that may have skewed the results, this can form the basis for a defense. Every case has a different set of elements and your attorney cannot guarantee a dismissal or acquittal.

 

Sign up for our newsletter



Go to top