The first question many people have once they’re arrested for a DUI is if there will be any way to avoid a conviction. Many people do not take a DUI charge seriously enough and do end up being convicted or pleading guilty. However, if the arrested person contacts a DUI attorney in Salisbury, MD, there may be a way for them to avoid a conviction. One of the tactics a lawyer may try is to prove there is not sufficient evidence for a conviction.
Argue That Evidence Was Collected Illegally
Evidence must be collected within the bounds of the law. This is the case regardless of whether the evidence is an empty beer can by the driver’s seat or the results of a field test and breathalyzer. If evidence was not collected lawfully, it may not be admissible in court. A lawyer can review the legal documents pertaining to the arrest to determine if evidence was collected illegally and, therefore, may be inadmissible in court.
Argue That Evidence Is Inadmissible
If the attorney finds any evidence that was unlawfully gained, they may be able to argue it is inadmissible. To do this, they’ll present the evidence to the judge along with their reasoning why it’s inadmissible. If the judge agrees, the evidence cannot be used in a court case against the arrested person. This effectively reduces the amount of evidence against the person.
Argue There Is Insufficient Evidence for a Conviction
If enough evidence is inadmissible and suppressed before or during a trial, the attorney may be able to have the charges dismissed for their client. The prosecutors only want to try cases where they have a high or extremely high chance of a conviction, if possible. If there is not enough evidence for them to be sure they’ll obtain a conviction, they may agree to dismiss the charges due to lack of evidence.
Anyone who has been arrested and charged with a DUI will want to speak with a DUI attorney in Salisbury, MD before they plead guilty. There may be a way for them to avoid criminal charges even if it doesn’t seem that way when they’re arrested. Visit Website to learn more or to speak with a lawyer today.