"Zero tolerance" laws prohibit drivers under 21 from having any measurable quantity of alcohol in their blood. The lowering of legal blood-alcohol content (BAC) means your chances of being arrested if you drink and drive have increased, in which case you would need a skilled and experienced drunk-driving defense attorney.
Legal Information About the Defense of DWI Charges
If you have been arrested for DWI, you should take time to understand the serious situation you are in. Your future and your freedom are at stake.
Some basic information about the defense of DWI charges in New York appears below. You probably have additional questions about your case.
In a free consultation, attorney Kevin Kearon can answer these questions and discuss what he can do to defend your rights and freedom.
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For a free initial consultation with the Law Offices of Kevin Kearon, call 631-963-4880, 516-850-0750 or contact the firm online. Mr Kearon represents clients on Long Island.
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A DWI arrest starts two legal proceedings — a criminal proceeding and an administrative process which could lead to the loss of your driver's license. Kevin Kearon will provide you with aggressive representation in both.
Kevin Kearon will carefully examine all aspects of your case to determine how to best defend you. This will include a review of the arresting officer's behavior, the field sobriety tests, the blood alcohol test results and other factors.
The Prosecutor's Role in a Drunk-Driving Case
Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced. Therefore it is extremely important for a drunk-driving defendant to consult an attorney who has experience defending people charged with drunk driving. If you are concerned about preserving your rights as a defendant and want to strike a fair balance in court, you should strongly consider a skilled criminal-defense attorney such as one at Law Office of Kevin Kearon in Amityville, New York, particularly one knowledgeable in drunk-driving law.
Prosecutors Decide Whether to Pursue Drunk-Driving Cases in Court
A prosecutor usually becomes involved in a drunk-driving case through a referral from the police who have investigated, arrested, searched and processed an alleged offender. In making the decision whether to go forward with a case, the prosecutor usually considers three things: whether the case is legally sound, whether it can be proved and the relevant policy considerations. If the prosecutor exercises his or her prosecutorial discretion by deciding not to go forward with a case, it will usually be over.
The prosecutor must be assured that there is enough reliable evidence to prove the drunk-driving charge before he or she will bring the case to trial. For example, if the Breathalyzer® machine malfunctioned or the test results were lost, the prosecutor may decide to dismiss the case because crucial evidence would be missing or substantially weakened.
Policy considerations are always part of the decision to prosecute a particular defendant, because the prosecutor's job is to serve justice in the public interest, not only to win every possible case. The defendant might have mental or physical problems that make a pretrial diversion program, like alcohol or drug treatment or a suspended prosecution, a better option than trial. Finally, a prosecutor must consider the limited resources of his or her office when choosing which crimes to pursue.
Prosecutors Represent the Government-the City, County or State-in Drunk-Driving Cases
The filing of a complaint or other official document by the prosecutor officially starts the drunk-driving court case. The prosecutor appears at the defendant's initial hearing before a judge to represent the government with regard to pretrial release issues like bail. If the prosecutor has no objection to the defendant's release before trial, bail is usually allowed. At trial, the prosecutor is allowed to go first and presents the government's case against the defendant. The government must prove each element of the drunk-driving charge beyond a reasonable doubt, based on relevant, credible evidence elicited through the testimony of competent witnesses. In drunk-driving cases, the arresting officer is generally one of the key witnesses for the prosecution. The prosecutor also participates in requesting or objecting to jury instructions given by the judge at the end of the trial, although jury trials are not available in all drunk-driving cases. The prosecutor may also be called on to defend the government's sentencing recommendation, if there is a dispute over the appropriate sentence to be imposed.
Conclusion
Prosecutors have a lot of power and influence in drunk-driving cases. They take the case from the police and decide whether to pursue it in court; they represent the government in court and pursue a conviction; and they may recommend a particular sentence, if the defendant is found guilty. Prosecuting criminal cases is what these government lawyers do day-in and day-out. Accordingly, if you have been charged with drunk driving, it is very important that your lawyer is smart, tough and experienced. Call a knowledgeable drunk-driving defense attorney at Law Office of Kevin Kearon in Amityville, New York, now.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
