Reader’s Question:

I really don’t believe that I have a chance in winning my DUI case here in Elkhart, Indiana but they say that a DUI lawyer can help me. How could a DUI lawyer help me in my DUI case?

Fletcher

Elkhart, IN

You can change your belief now because you certainly have a chance in winning your DUI case in Elkhart, Indiana. There are a lot of things that a DUI lawyer can do to help you on your DUI case. A qualified DUI defense lawyer can review the substantive evidence which the State has to prove their charges. The DUI lawyer can also assure that the procedures are in accordance with Constitutional safeguards and if not, address defense issues in that regard.

There are really no magic defenses to this very annoying charge. The terms “loopholes” and “technicalities” are simply incorrect characterizations to define defenses in a DUI case as well as in any criminal proceeding. Instead, each defense issue must be regarded as issue which are only raised because the State either failed to establish guilt, or because the process was not in accordance with your constitutional rights. The DUI lawyer can press the prosecution to establish their burden of proof and assure that constitutional safeguards in place to assure for a fair trial and procedure are adhered to.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

A DUI charge here in South Bend, Indiana may be hard for my brother. But I hope he can get out of this sooner than we thought. We don’t want him to be convicted, so how can we challenge his DUI arrest?

Freya

South Bend, IN

The Fourth Amendment to the US Constitution prohibits unreasonable searches and seizures and requires that any search or seizure is based on probable cause. It was a seizure when your brother was arrested by the police officer for DUI in South Bend, Indiana. If the police officer did not have probable cause to arrest him, his DUI attorney may challenge his arrest.

A police officer could lack probable cause to arrest your brother in a number of different circumstances. If he was stopped on a purely random basis or solely on an anonymous tip, for driving too slowly or unexplained “suspicious” reasons, or because of his race, ethnicity or another protected category, he may be able to fight his case. The specifics actually vary on different DUI cases and an Indiana DUI lawyer is the best source of information about how these general principles apply to your brother’s case.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer