Facing Your DUI Trial
Facing a DUI trial alone is not an option you want to take. There are serious ramifications to dealing with the legal system that will impact your life if not handled correctly. It is best to obtain the services of a highly experienced DUI defense attorney to handle the proceedings for you. If you require a trial setting in order to resolve your DUI charges, having Attorney Kenneth M. Hallum representing you will provide you the best option for a successful outcome.
When you have been arrested and charged for a DUI, you will attend – or your defense attorney will attend an arraignment Following the initial arraignment , if a plea of not guilty is entered, you will be scheduled for pre-trial conference two to four weeks later. At this conference, your attorney will begin negotiations or discussions regarding your case with the District Attorney. After your initial Hearing, you will receive discovery documentation from the prosecutor’s office, showing what evidence they have to use to convict you of drunk driving. At times additional discovery needs to be requested, such as maintenance records for the breathalyzer machine, any scene photos or videos taken, a sample of any blood tests conducted, etc. Depending on the complexity of the case, there may be more than one pre trial conference, where motions and discovery are discussed. These conferences could take several months to complete before you trial is scheduled.
Each case is unique with an individual set of facts, mistakes, and legal arguments, and most important each case has a unique individual component – YOU.
The DUI Trial
A DUI defense may include filing pretrial motions to suppress the evidence. These motions, when argued successfully, may result in the DUI case being dismissed. Some areas where evidence can be successfully contested include having the blood sample retested by a private lab, or hiring an analyst to determine if the driver’s blood alcohol concentration (BAC) was rising. Also photographing and inspecting the scene of the arrest, as this may be helpful in showing that the ground was not level when the driver was performing the field coordination tests. Effectively cross-examining the officer to expose mistakes and inaccuracies while gathering of evidence is also crucial to presenting a strong defense for the trial.
Be aware that the prosecutor is not your attorney and has no obligation to counsel or be fair with you. Defending yourself in the criminal-justice system is a very stressful experience in a potentially hostile environment, which may result in severe penalties. Obviously, your outcome cannot be guaranteed; but an experienced drunk driving lawyer can investigate and prepare your case for defense to minimize/avoid court penalties and protect your driving privileges.
An experienced DUI attorney can do many things to challenge and disprove the evidence against the accused, routinely finding defects associated with the traffic stop, field sobriety tests and chemical tests, whether breath or blood, that may result in a dismissal of some or all of the charges. Your attorney can review the calibration and maintenance records of the breathalyzer machine. It is falsely believed that these machines are infallible. People forget that these machines are made of up of metal, plastic, and silicon. To believe that they always work, every time, is like believing your car will never break down. Machines don’t always work properly.
Once the trial is scheduled, a jury will be selected, opening statements will be made by both sides and then the trial testimony will be presented. At this juncture, all the careful preparation by your defense attorney of the evidence that was obtained through discovery will be brought to bear on your behalf. Remember, the District Attorney has the burden of proof in order to convict you. If the evidence can be challenged and disputed, your chance of being acquitted increases.
When the evidence “seems” overwhelming, that is when you need a DUI attorney dedicated to DUI defense in order to make sure that every possible issue and defense is explored! You can win at trial, and Attorney Kenneth M. Hallum is dedicated to that goal. With his extensive law enforcement experience, he is a best bet for a strong and aggressive DUI defense lawyer.
Facing a DUI trial? Contact the Law Offices of Kenneth Hallum right away!
About Santa Barbara DUI Attorney Kenneth M. Hallum:
As a DUI defense attorney, Kennnth Hallum is dedicated to an understanding of the art and science of California DUI defense with memberships in the California DUI Lawyers Association, the National College of DUI Defense, the National Association of Criminal Defense Lawyers, the California Public Defenders Association, and the State Bar of California.