Given the astronomical drain on the taxpayer in terms of the prosecution and detention of criminals responsible for such crimes, a slew of legislation has been passed in Burbank to punish, discourage, and curb DUI (driving under the influence) offences. This law has been heavily criticised, largely on the grounds that it is overly punitive, and that although the penalties are harsh, they have done little to discourage criminals. As a result, though the judiciary has been able to obtain its pound of flesh from the criminals, it has faced the scorn and wrath of self-righteous DUI defence lawyers all over the city. To learn more click effects of alchol (BAC).
One can’t help but think that the lawyers and prosecutors in Burbank aren’t being deceptive and deceitful in this specific legal quagmire, even although they claim to be acting in the interest of justice, it seems that there are more vulgar factors at work here.
Since 2005, all drivers who are convicted in connection with a DUI offence who have a blood alcohol content (B.A.C.) equal to or greater than 0.8 will be charged.
As a result, the arresting officers do not need to provide any additional evidence to ensure the driver’s conviction; the existence of a 0.8 B.A.C. is adequate in magnitude to trigger an immediate presumption of guilt.
So, why are Burbank attorneys so enraged by this?
Since it essentially reduces their position in protecting their clients’ interests (and thus their profit margins). However, this is merely the morally jaded author’s cynical view!
Many laypeople who find themselves in the unenviable situation of a DUI criminal charge hanging over their heads believe that their DUI lawyer is of no use to them after hearing this little nugget of truth.
Wrong; while a B.A.C. of 0.8 or higher indicates that the defence does not need any further evidence of excessive interference or deterioration of the accused’s driving capacity, it does not guarantee that the prosecution can prevail.
So, what kind of help should a defence lawyer get in a DUI case in Burbank?
First and foremost, they would investigate the circumstances of the arrest and ensure that the arrest, vehicle search, and driver testing were all carried out in accordance with departmental standards under the force’s standard operating procedures.
The prosecutor would also find out why the officer who conducted the DUI test stopped their client’s vehicle in the first place. Although breathalyser tests are widely used, this does not mean that they are error-free or 100 percent reliable. There is always the risk that the breathalyzer’s findings would be unreliable, whether due to a technological fault or human error.