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DUI, Traffic and Criminal Law Defense

11/17/2008
Jonah
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DUI Cases II

DUI CASES CONTINUE TO GIVE US CHALLENGES. OH, I KNOW, TV COMMENTATORS ARE AGHAST THAT ANYONE WOULD TRY TO DEFENDANT A PERSON CHARGED WITH A DUI OFFENSE. BUT THIS IS THE LEGAL SYSTEM IN PLACE IN THE USA. BUT I DIGRESS.

I NOTED IN AN EARLIER NOTE ON THIS SUBJECT THAT THESE CASES ARE ODD AND UNUSUAL. THE JUDGE IS PRECONDITIONED TO FIND THE DEFENDANT GUILTY. THAT OLD PRESUMPTION OF GUILT DOCTRINE, BUT IN THESE CASES THE PRESUMPTION IS ON STEROIDS. YOU NEVER KNOW WHERE YOUR VICTORIES WILL COME FROM. I HAVE CLIENTS ASK ME"WHAT IS YOUR STRATEGY?" FRANKLY I DON'T KNOW, JUST GIVE THEM A TOUGH TIME.

I REPRESENTED A CLIENT WHO RAN INTO A TELEPHONE POLE AND HAD BEEN DRINKING. HE HIT HIS HEAD AND GOT CUT. THE FIRST OFFICER ON THE SCENE CALLED AN AMBULANCE BECAUSE THE DRIVER WAS HURT. THE OFFICER NOTED THE ODOR OF ALCOHOL, AND SUSPECTED A DUI CASE. THE PARAMEDICS ARRIVED TREATED THE DRIVER AND GAVE HIM AN IV. THEY THEN TOOK HIM TO THE HOSPITAL FOR EMERGENCY TREATMENT. A BLOOD SAMPLE WAS TAKEN AND THE ANALYSIS SHOWED A B.A.C OF .25% ( VERY DRUNK). HOWEVER, AT THE CLOSE OF THE EVIDENCE, WE POINTED OUT THAT NO BODY KNOWS WHAT WAS IN THE IV. WAS IT PAIN KILLERS, A SEDATIVE, OR ALCOHOL? THIS KEPT THE TEST RESULT OUT OF THE CASE, AND, AS A RESULT, MY CLIENT GOT A VERY FAVORABLE RESULT.

NOW SOME MIGHT HAVE ISSUES WITH THIS SORT OF BUSINESS, BUT IT IS OUR SYSTEM. IN THE OLD SOVIET UNION ALL THAT WAS NECESSARY WAS THE BRINGING OF THE CHARGE. NOT WHAT WE WANT HERE. SO YOU LAWYER MUST BE ON HIS TOES, BEFORE AND DURING TRIAL BECAUSE YOU NEVER KNOW.

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Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Email: info@weislaw.com
www.weislaw.com




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