Monday, October 21, 2013

30 Things YOU Need to Know about Your DWI/DUI Case

4 things that may be very helpful to your case:

  1. If all the witnesses are not available to prove the State's case
  2. If there is exculpatory evidence which would prove your innocence.
  3. The Administrative Office of the Courts has directed that DWI cases are to be resolved in 60 days.  If the State cannot provide all the required discovery, it is possible (though unlikely) that your case can be dismissed, or the State may be prevented from introducing certain evidence at trial.
  4. There may be evidentiary problems in proving your blood alcohol level.
6 facts that must be proved before you can be found guilty:
  1. Your identity
  2. As a driver
  3. Of a motor vehicle
  4. In the Township, while
  5. Your blood alcohol level was over the per se limit or
  6. Your ability to drive a motor vehicle was substantially impaired (driving under the influence).
14 things you should note right away:
  1. What your itinerary was prior to arrest
  2. Your consumption of alcoholic beverages
  3. Your observations of the officer
  4. The officer's stated reasons for stopping your
  5. Whether the officer asked or ordered you to take roadside tests
  6. What where the officer's instructions for the field sobriety tests
  7. Your performance on the roadside tests
  8. Statements you made to the officer
  9. What the results were of any breath or blood tests
  10. Whether there were witnesses to your arrest
  11. Whether you were observed prior to a breath test
  12. Whether you were advised of your right to take an independent test
  13. How long you were kept after testing
  14. Your medical background
6 items crucial to your defense:
  1. A good investigation of the facts
  2. Vigorous cross-examination
  3. A sound understanding of constitutional principles
  4. A sound understanding of field sobriety testing
  5. A sound understanding of breath testing and blood testing
  6. An experienced attorney

Law Offices of Jason Pollack


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