Defending Against Colonial Heights DUI Cases

DUI cases can be intimidating, especially if it is your first offense. That is why it is important to work with a capable attorney that has experience defending DUI cases. If you want to know more about effectively defending against Colonial Heights DUI cases, speak with a dedicated and knowledgeable DUI lawyer that could answer your questions and fight for you.

Evidence the Prosecution May Present

The Commonwealth has to present some standards to get to the operation of the motor vehicle. The number one thing they are going to prove, or evidence they are going to present, is officer testimony, e.g., testimonial evidence by the officer who ultimately made the stop or responded to the accident. Secondly, they are going to produce evidence of the Intoxilyzer machine (breathalyzer) to show the level of intoxication of the individual.

Treatment of DUI Cases in Colonial Heights

On a first offense, Colonial Heights does not ask for any jail time. However, on multiple offense DUIs, they do ask for jail time and they are not normally willing to negotiate the case without some form of imprisonment. In Colonial Heights, they normally err on the side of believing what the officer says. If there is a situation that occurs where the client says one thing and the officer says another, most people, including the judge, are going to believe what the officer said. The same can be true for the Commonwealth Attorney. When trying to negotiate a case with the Commonwealth Attorney, the more polite and cooperative the person charged was with the officer at the time of the offense, the more likely the Commonwealth Attorney is going to be willing to work with them, if at all. The cooperation of the defendant with law enforcement can make defending against Colonial Heights DUI cases go more smoothly.

Sentencing in DUI Cases

The sentencing of DUI cases is always done by the finder-of-fact and so it is going to depend on who heard the DUI case. If a judge hears the DUI case, then the judge is going to be the one who sentences the person. If a jury heard the DUI case, then the jury is going to sentence the person. The Commonwealth relies heavily on the police officers. The police officer and the finder-of-fact at the time of the trial are adopted into the Commonwealth’s case for sentencing as well as any criminal record that the individual has that is even unrelated to the DUI. As far as they are concerned, the defendant should want to present anything at all that can mitigate not only the case but also show the humanity of the defendant. An attorney with experience defending against Colonial Heights DUI cases could look for evidence that could potentially mitigate the severity of the charges and penalties that the defendant may face.

Factors the Court or Jury Considers When Determining Sentencing

The court and/or the jury are going to have in front of them the case and all the facts of the case. The Commonwealth may ask the police officer some additional questions, just in reference to their interaction with the individual, and then introduce the individual’s statements and their prior criminal history. As far as the defense counsel, they should present anything and everything that can mitigate and humanize the defendant to the judge or the jury to lead to the lowest possible sentence.

When Can a Person Appeal a DUI Case in Colonial Heights

If a person wants to appeal a DUI case, the circumstances would depend on where the case was heard. If the case was heard in the General District Court, then the person has something that is granted to them called ‘automatic right to appeal,’ meaning that they can appeal anything that the judge does in the General District Court. This appeal is automatic and there is no standard that needs be reached in order to qualify for an appeal. Anything and everything can be appealed at the General District Court level.

In the Circuit Court, there must be some error by the court in order to appeal to the Court of Appeals, and that error must have been detrimental to the case and/or the judge or jury must have made an unfair ruling as a result of the error. If an individual has further questions about DUI cases, they should retain the services of a DUI attorney. A skilled lawyer that has experience defending against Colonial Heights DUI cases could leverage

Defending Against Colonial Heights DUI Cases