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When you are pulled over by the police, it does not mean that you have been charged with a DUI offense, the only implication it has to you is that the police suspected you of the allegations. Being pulled over by the police has no legal effect on you until they can prove that you were drunk while driving. When the police pull you over, they make an observation that may convict you when you are found to be guilty. The sobriety tests are also carried on you to show the court that you were drunk at the time when they pulled you over.
When the breathalyzer test reveals that your alcohol content in your system is over 0.08 percent, the police will arrest you and take you to custody for the rest of the night. The tests and the police report will be taken to the prosecutor’s office for further action. If the attorney finds the tests to have no strong alliance, they will dismiss your case. However, they will take you over to court if the case has enough legal evidence to incriminate you.
When you are pulled over by the police, remember that you have a right to remain silent as anything you speak can be used against you in a court of law. Therefore, desist from speaking and call your Los Angeles attorney to guide you through whatever you need to speak to have the case well represented. The attorney knows how to ensure you maximize your chances of winning the case.
For the prosecutor to convict you for the DUI criminal offense, there are two elements they must prove in a court of law. They must also prove the elements beyond a reasonable doubt. They must prove that you were driving by the time you were pulled over. The second thing they will prove is that you were under the influence of drugs and alcohol by the time you were pulled over. It is important that the two elements be met so that the case proceeds to trial. They cannot convict you unless they prove the two cases.
Let us take the example of Diana who was drinking beer at a local bar. When she finished drinking, she walked home from the bar that was located a few yards away. The officers don’t have the right to arrest her for a Los Angeles DUI. She was not driving even if she was intoxicated. David was from a local bar. However, she only drank water while at the bar. He cannot be arrested because he was not intoxicated even though he was driving.
This is why it is important for the prosecutor to prove that you were driving by the time you were arrested for the DUI charge. It should be clear that the person arrested for the DUI was driving a car in the state. However, it can be dry and cut. The prosecutor’s case will be weaker if it is not so clear. This means that the person who is charged will have their cases stronger.
The best way to illustrate the openness and vagueness of driving to a case is to use an example. David was attending a birthday party at a restaurant. When he was in his vehicle, he felt more intoxicated to drive the car. Therefore, he decided to lay down his seat belt while in the car. He had the dinner’s receipt in his pocket. He fell asleep in his car, and the police woke him up. He was then arrested for a DUI offense.
Let us compare the two cases where Diana was driving home while intoxicated and David who was sitting in his car. Diana got on the highway and realized that she was drunk while on the steering wheel. She exited the car and was arrested by the police.
David wasn’t driving when he was arrested. It is evident with the case facts. He was in the restaurant’s parking lot where he took dinner. He also has the receipt to prove it. There are high chances that he did not drive. The prosecutors will lose the case if they decide to continue. Diana’s case is weaker because no one knows whether or not she was driving.
If you have an unclear driving case, it is important to seek the representation of an experienced Los Angeles DUI attorney.