Wednesday, August 12, 2009

Should you fight a DUI charge?

When being charged with a DUI, you have several options. You can please guilty and accept the charges and whatever consequences that the judge chooses for you, or you can decide to fight a DUI charge. Attorney Peter Gordon, Esq. suggests that you fight your DUI charges and not to let a DUI ruin your career and your life. Choosing to fight a DUI charge could allow you to avoid many DUI related consequences.

An example of a DUI charge that was challenged is the case of a client who was stopped at a red light and was rear ended by another driver. After the two drivers had exchanged information, the client drove home. Later, four police cars arrived at the client’s home and requested a breathalyzer test be taken from the client. The client refused the test and was arrested. The client asked to be taken to the hospital due to injuries he sustained during the accident. After many pleas, the client was taken to the hospital.

After the client was processed, he was facing a sentence of up to a year in prison. After a hearing, his case was thrown out by the judge due to lack of probable cause. In this case, had the client plead guilty, he would have been convicted of a DUI and had hefty fines and even jail time. By fighting his DUI, the client was able to have his case thrown out by the judge.

Because of cases like this, it’s important to know that you can fight DUI charges and retain your good standing. If the police do not have probable cause to take a breathalyzer test or any other field tests, it’s important to know that you can fight the charges against you. Remember that if you choose to plead guilty to your DUI charges, you are throwing yourself at the mercy of the judge, and you will be convicted of a DUI.

Those convicted of a DUI must go through probation for an average of three to five years, pay additional fines, and attend DUI classes, amongst other things. If you are convicted of a DUI by pleading guilty, your chances of a greater punishment should you have a second DUI are much bigger. When fighting your DUI case, however, you have a much greater chance of not being convicted of a DUI. When going through a jury trial for a DUI, you only need to convince one jury member that you are not guilty. Just convincing one out of 12 jury members can mean that your conviction will not stand and you can go free.

The best option is to fight your DUI charges so that you may have the opportunity to be released from all charges. At the very least, fighting your DUI charges gives you the best chance of being able to avoid being charged with a DUI, which should be your goal. Remember, a DUI shouldn’t ruin your life. You have the right to challenge the DUI charge against you.

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