Is It Possible to Be Charged With DUI and Probation Violation in One Incident?

In case you were on probation and were caught driving under the influence of alcohol or illegal substances, you are going to face numerous consequences and penalties for DUI as well as for probation violation. In order for you to better understand how this whole thing works, let us review an in-depth example.

Some time ago John was driving home from a party. During the social gathering with his friends, he had some drinks and was hence driving under the influence of alcohol. He was stopped at a DUI checkpoint and arrested for driving under the influence. Back then John had no money for a good legal representative and the prosecutor offered him a deal – no jail time, just a fine and three years of probation. Seeing that John was eager to get this case over with, he was more than happy to get the bargain.

Later on, a month or two after, John was at a friend’s wedding and also had a drink, but nothing special and not too much. He was driving back home and pulled over at a DUI checkpoint. He admitted that he had a drink, but little did John know – under the terms of probation, he had no right to be driving under the influence, no matter how insignificant it may be.

Hence, John was arrested again and taken into custody. He was charged with driving under the influence and also with violating his terms of probation. Therefore, John will have to answer for both crimes. After all, committing any kind of crime when you are on probation means violating the terms of probation. In addition, John will have to be dealing with the second DUI consequences. The legal penalties for a repeated DUI are even more severe and coupled with probation violation, these can have a devastating impact on one’s day to day living. In cases like this, when you or your loved ones are faced with several charges, it is extremely important, crucial even, to find a qualified as well as genuinely experienced criminal defense attorney at the earliest opportunity.

Only a good Seattle DUI lawyer, who has the skills and the expertise, who knows how to approach the prosecution and the judge and who is always coming up with new and more effective defense strategies is going to be of great assistance. Therefore, if you or your loved ones were charged with repeated DUI and probation violation, you must not lose any time and get in touch with a good legal representative as soon as possible. You should be 100% honest with him, n matter how ashamed about your actions you may be.

Repeated DUI offense is bad enough – it may even involve time in jail and coupled with probation violation, you will be facing some genuinely serious charges, which could well ruin your life. Hence, go ahead, find a good lawyer and follow his advice on how to develop a solid defense strategy and avoid jail.

What Choices And Options Do You Have In Your DUI Case

If you or perhaps your loved ones are arrested for suspicion of driving under the influence of alcohol or illegal substance, it does not necessarily imply that you have already been found guilty by the court. Hence, charges are not going to appear in your criminal records, not unless all DUI elements have already been proven beyond any reasonable doubt. Two main elements, which need to be proven in order to prosecute a person for DUI are – 1. The individual was in fact intoxicated and 2. He or she was actually operating the vehicle during the arrest. With that said, there are two ways for a DUI case to unveil. The defendant can either enter a plea bargain or his or her fate shall be decided during the trial. In order for you to gain a better understanding of how it works, let us review a simple case and the two ways it may go for the offender.

Let us say James was driving home from a party. During the social gathering with his friends, James had a couple of beers and even managed to smoke some marijuana. He runs a red light and his vehicle is pulled over by law enforcement officers. The police ask James if he was drinking and he says that he had a couple of beers. The breathalyzer test indicated that James’ BAC equals 0.10%, so he is immediately taken into custody.

1. Entering a plea bargain

James gets in touch with his attorney and the lawyer gets to work without any hesitation. First of all, he demands all video records from the scene and law enforcement authorities provide him with all materials. On the video, it is clear that James did actually run the red light. Furthermore, it is also obvious that James was intoxicated and he clearly said that he had a couple of beers. The probable cause is there.

During the arraignment the prosecutor approaches James’ legal representative and says that James will need to serve a month in jail, three years of informal probation, a year in the alcohol rehab classes as well as a $300 fine that will be transformed into $1 500 afterwards, with all the court fees and expenses.

The DUI attorney is not interested in such an offer, because it is not very good. He advises James to go to trial and James agrees. During the pretrial DOL hearing, the attorney approaches the prosecutor. He uses all the knowledge he has to convince the prosecutor that jail time as well as extensive alcohol awareness classes are not necessary in this case. Finally, the prosecutor agrees to go with no jail time as well as only three months of alcohol awareness classes. Case is closed.

2. Guilty or not guilty

Let us imagine that James did not actually run a red light. This means that law enforcement officers had no probably cause to stop him in the first place. This means that any evidence obtained on the scene cannot be submitted to court. The attorney recommends James to go to trial. During the trial the attorney demonstrates lack of probable cause and the case is closed – simple as that.

For more information visit www.seattleduiattorneys.net

Is It Important For Your DUI Attorney To Know The Court The Case Is In?

If you or your loved ones are charged with a DUI in Seattle, the very first thing that you will need to do would be getting in touch with a qualified as well as genuinely experienced DUI defense attorney at the earliest opportunity. A DUI lawyer is going to have what it takes to come up with a solid defense strategy that will help minimize the sentence or will even get the case dismissed to begin with.

During the arraignment, which is also the very first court hearing, the prosecutor is going to offer you to enter a plea bargain. This basically implies that you will get a full sentence, without ever going to trial. The conditions of the bargain vary from case to case and only a good legal representative is going to know whether or not to accept it. With that said, knowing the court in which the case is handled can actually make all the difference for the attorney when it comes to the plea bargain with the prosecution. In order for you to understand how it works, let us review following cases.

Let us say that John is hiring a legal representative from  to represent him in Kent court. The law is the same in both locations and the lawyer is experienced as well as genuinely qualified. The attorney appears in court during the arraignment on behalf of John. The prosecutor approaches the lawyer and offers a plea bargain. Seeing how the lawyer is not familiar with types of bargains specific for this court room, he recommends John to take the plea bargain – it is a good deal, it does not involve jail time and the lawyer could not make a strong argument in court anyways.

On the other hand, let us say that Chris is going to hire a legal representative in Seattle, WA for the same case as mentioned above. The lawyer is going to appear in court during the arraignment and will also be approached by the prosecutor with a similar deal. Although the deal is not a very bad one, the attorney knows that the plea bargain is way better at the pretrial. Hence, the attorney chooses to wait and recommends Chris to think about the pretrial bargain in order to get the most from the prosecutor.

Therefore, it is apparent that an experienced Seattle DUI Law Office, which knows the court, the judge and the prosecutor, will have a distinct advantage over an attorney, who does not have that knowledge. Knowing the court will play in the client’s favor, so if you are thinking about hiring a lawyer, consider choosing from local practitioners, who have plenty of experience in the area and who will help you minimize the sentence or will get the case dismissed. They are the very best choice if you are hoping for a positive outcome.