West Palm Beach DUI Criminal Defense Lawyer – Fight Drunk Driving Charges
At The Feuer Law Firm, we believe that every step taken in the course of representing a client charged with DUI should be toward preparing for trial. In other words, every step not taken towards maximizing the client’s chances for acquittal is a wasted step. Even if the client does not want to ultimately make the State prove its case beyond a reasonable doubt at trial, the best way to negotiate a pretrial outcome is to make the Prosecution think it may not win at trial.
In furtherance of the above-stated philosophy, a client can expect that his or her attorney will investigate the case fully and seek to test and scrutinize the statements of the Prosecutor’s witnesses.
Another method of attacking the Prosecution’s case and advocating for the accused is to challenge the way in which the evidence was obtained by the police. If evidence has been obtained through a violation of a client’s constitutional or statutory rights, a client should expect his or her attorney to file a Motion to Suppress. If the trial court grants a Motion to Suppress, the result is typically the exclusion of any evidence learned or obtained as a result of the violation of the client’s rights. The effect of eliminating evidence in a DUI can often mean the end of the Prosecution’s case.
MOTIONS TO SUPPRESS
A Motion to Suppress evidence may be directed at a wide variety of circumstances involving the interaction between a person and the police. Such circumstances include arguing there was a lack of reasonable suspicion of criminal activity before the initial moments of contact between a defendant and the police, or the lack of probable cause to arrest, or the failure to properly advise a suspect of his or her Constitutional rights (i.e., to remain silent and to have the benefit of a lawyer before & during interrogation), or the voluntariness of the statements made by the accused, even after the police properly advise a person of his or her rights.
The Prosecution is required to prove its case beyond ant to the exclusion of any reasonable doubt. Reasonable doubt can come from the evidence, from conflicts in the evidence, and from a lack of evidence.