California DUI Defense Lawyer
There is no surefire way to beat a DUI case. However, an experienced DUI defense lawyer like Fred Thiagarajah does know the best approaches to fighting a DUI charge. Common DUI defenses include attacking the reasons for the car stop, evaluating the driving pattern and field sobriety tests, undermining the chemical test results, presenting a “no driving” defense or presenting a “rising blood alcohol” defense.
No Driving Defense
In order to be convicted of a DUI, the prosecution must establish that you were driving the vehicle. This is easy to do if the police saw you driving and pulled you over. However, sometimes the police never actually see you driving. For example, the police approach you when you’re in a parked car or the police respond to the scene of an accident. In these situations, the police will look for clues to establish that you were driver of the car and that you drove the car recently. The police will ask you whether you drove the car. They will see whether you were in the driver’s side or the passenger side. If you claim someone else drove the car, they will want to know who and where that person is. They police may check the warmth of the car’s hood to determine if the car was driven recently. If you claim that you drank after the car was driven, they will look for evidence of used alcohol containers or whether there is a place nearby that you were drinking at. However, in the right circumstances, it’s possible the prosecution will not be able to prove you were the driver. The best DUI defense attorneys are former prosecutors. A former Deputy District Attorney knows how the prosecution will evaluate a DUI case and therefore knows what clues to look for in a police report and what arguments to make in court.
Rising Blood Alcohol Defense
When a person drinks alcohol, it takes time for their body to absorb the alcohol into their blood. Depending on a person’s weight and whether they were drinking on an empty or full stomach, most people take anywhere from 30 to 90 minutes for alcohol to be fully absorbed in their system. That means a chemical test result may not accurately reflect your blood alcohol level at the time of driving. If your blood alcohol level was still rising, then you could be under the legal limit at the time of driving. There are a lot of different factors that determine whether this defense can be used properly. Only an experienced DUI defense lawyer can evaluate a case to determine whether there is a good rising blood alcohol defense.
What Not to Argue
In addition to knowing what issues to fight about with the prosecutor, Fred Thiagarajah also knows what issues are not important in DUIs. Many DUI defense attorneys focus on the wrong issues when dealing with the prosecutors and that can lead to poor results. For example, many DUI defense lawyers argue that lack of Miranda warnings can be a weakness in a DUI case. However, for the vast majority of DUI cases, Miranda warnings are irrelevant. The reason is that in most DUI cases, officers ask questions before a person is arrested. Miranda warnings are only given if a police officer questions someone after an arrest. Since officers usually don’t ask any questions about what happened after an arrest, they are not required to give Miranda warnings. The problem is that most attorneys who claim to be DUI defense lawyers confuse DUI cases with other types of criminal cases, where Miranda warnings are important. Choosing a criminal defense attorney who argues the wrong things will lead to the wrong results. If you want the right results, Fred Thiagarajah is the right choice for criminal defense.
Fred Thiagarajah – The Right Lawyer. The Right Result. The Right Choice.
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