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You should get yourself a Los Angeles attorney as soon as you are charged with driving under the influence of alcohol. The attorney will make sure that you are treated fairly and that you are not convicted wrongfully by the court. A Los Angeles attorney usually calls upon DUI witnesses to help to build up the defense in the case of a DUI. A witness does not have to testify in court. They can give interviews or reports concerning the incident.
There are two types of witnesses that a lawyer can call upon in these types of cases. The first types of witnesses are those who were present at the scene. They are called upon to give accounts of what they heard or observed at the time that the incident took place. They are the first witnesses that attorneys call because they provide a basis and foundation for the case. They help in providing the context so that everyone gets the clear picture.
The other types of witnesses are expert witnesses who are called upon to provide their expertise in the case. They are usually people who have studied the case in depth and are knowledgeable in a particular domain that concerns the case. There are complex issues that arise during the course of these cases. Someone who understands the scientific facts is required. An expert witness plays a huge role in the development of a case. They can testify on behalf of the accused.
An expert witness is one who has education, skill, training, and experience that enables him or her to be defined as an expert in the context of the case according to the California Evidence Code. This means that one can only be called an expert if they are qualified to speak as one in that particular case. Experts talk about different issues that help to determine whether the defendant was under the influence of drugs in a DUI case. The law states that one is not allowed to drive if they have a BAC of more than 0.08%. Both sides are allowed to call expert witnesses to build their cases. An expert can be cross-examined by the attorney from the other side.
Some of the experts that are frequently called upon are toxicology experts. They are usually toxicologists who have prior experience working for either the state or the county. They have an understanding of the law. These toxicologists are also preferred because they are conversant with the limitations of the tests that are used. They are able to show whether the accused had a falling or a rising blood alcohol level when they were behind the wheel.
The driver may have had a BAC of less than 0.08% when they were driving, but it could have risen to more than that when they were tested. This is very crucial because it could make or break the case for the defendant. The results of the blood alcohol test could also be inaccurate. The toxicologist’s job is to prove whether it can be trusted. The expert can also testify during the administrative hearing of the driver at the DMV.
Cases of these types could have resulted in the injury or death of a person. Seeking the opinion of an accident reconstruction expert is good. They can analyze the scene of the accident and come up with an accurate representation of what happened. The accident could not be avoided at times, and the condition of the driver could not have changed anything. Medical experts are also called because the defendant may be suffering from a certain condition.