When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or anyFelony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from aDriving While Intoxicated (DWI) conviction include the restriction or loss of a drivers license, an increase in insurance costs, fines, court costs, a Drivers License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail.As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a normal capacity. That sounds pretty cut and dried, but it is not quite as simple as that.
You see, if challenged, the County Attorney must also show all of the following:
Further, the officer that administers the standard field sobriety tests should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly.If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.
When you retain me Ill insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.
Ill insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
Ill insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
Ill insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.
As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all this information be provided and that you and I walk through all this information as we discuss and proceed on your case.
Austin DWI Defense Lawyer |
The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring acriminal defense trial lawyer can be the most important decision you make.
When you find yourself, a family member, or friend in this situation, you need an experienced and well-skilledattorney who practices only in the area of criminal defense law. For better or worse, criminal law has its own unique practice and methodology. Frequently you will find attorneys who practice criminal law, but also handle personal injury, divorce, and other matters. They may be good attorneys, but I believe that criminal law is too specialized to risk my clients to any distractions facing an attorney who handles multiple types of law and who is not in the trenches everyday.
Please call and schedule an appointment at your earliest convenience, because I can help you through the unfamiliar territory of the criminal justice system. Because each case is different and special, I offer a free initial consultation where you and I can sit down and discuss the charges against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as yourcriminal defense attorney so that I can start immediately to protect your rights.
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