Tuesday, 15 May 2012

Don't Demonize DWI Lawyers

DWI lawyers can often get a bad rap. On the surface of things, it's not particularly hard to see why, either. The public often views them as defending the rights of people who are categorically guilty and should be thrown in jail, no questions asked.
If this perception was entirely accurate, it would indeed be hard to defend the defenders. Alas, it is not. Most of us can agree that driving while intoxicated is a deplorable crime justifiably worthy of strict punishment, not every person accused of it is guilty. Just like with any other crime, sometimes the suspects in DWI cases are, in fact, innocent. And though DWIs often seem like they are open-and-shut cases (suspect pulled over, suspect intoxicated, suspect arrested), there are often several variables that can throw significant doubt on the guilt of the accused.
Breathalyzer tests are often an instrumental part of a DWI case. However, their value can be debatable. Certain medical conditions such as GERD (Gestroesophegeal Reflux Disease, commonly known as acid reflux) might be able to generate false positive responses. Furthermore, it's possible for citizens who have been pulled over to feel coerced into blowing, based on the unfounded premise (which might be alluded to by certain police officers) that a legal reading would result in the citizen going free.
The administration of field sobriety tests is often another pillar of evidence upon which the prosecution rests. However, in order for the field sobriety tests to be valid, they need to be explained and administered perfectly. If the instructions a police officer gives a citizen are not accurate, or if the tests are not demonstrated correctly, or if unsanctioned tests are included or sanctioned ones are admitted, or if they are administered in adverse conditions, the results of the tests may very well not demonstrate anything about the sobriety of the citizens.
As you can see, citizens accused of DWIs are not automatically guilty. Navigating these areas of hazy clarity is a difficult one. That's why, should you ever be accused of driving while intoxicated, you need an accomplished, experienced DWI lawyer to help you take the best course of action. It's a cliche, but it is a vitally important one and bears repeating: the accused is always considered innocent until proven guilty.
Franklin Mowshowitz is a DWI lawyer enthusiast.
Article Source: http://EzineArticles.com/?expert=Franklin_Mowshowitz

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