Posted on February 26, 2019

A Criminal Defense Lawyer’s Top 4 Tips For Fighting An Impaired Driving Charge

Every driving offense lawyer is often subjected to answer the same question: “How can you defend a person if you know he is guilty?”. The answer is offered in Constitution, which establishes that all people – whether innocent, guilty, or half-pensioners – have the fundamental right with the assistance of lawyers, to use the relevant means of proof for their defense. It is to declare against themselves, to confess guilt and the presumption of innocence. And the impaired driving lawyer is the person in charge of guaranteeing that whoever is subjected to a criminal procedure can exercise that fundamental right. The State of Law is in knowing that when someone is convicted, it is done after a fair trial with due guarantees of the power of defense.

A criminal defense lawyer divides the accused into “innocent and guilty” which is as simplistic as dividing people into “good and bad”: there is a rich grayscale, also among those who sit on the bench of the accused. But how to defend a client who, not only is guilty but also has evidence of charge. Here are top 4 tips shared by the defense criminal lawyer fighting an impaired driving charge. Well, here are possible strategies:

1.    Study The Prescription

The prescription is always the first thing to check (whether or not the client is guilty) to assume a new defense. Many times, due to the complexity of the investigation, the delay of the victim in reporting, or the sluggishness of the court in question, the time elapsed from the commission of the crime until the proceeding is directed against the culprit exceeds, is suffice to claim the prescription to save our client from the dreaded sentence.

2.    Request The Nullity Of The Evidence Of Charge

Sometimes, those tests that we believe demolish against our client have been obtained by illicit means or with violation of fundamental rights. It is the evidence collected that will not take effect, directly or indirectly, violating fundamental rights or freedoms.” The nullity of the evidence can be requested at various stages of the process: when the secrecy of the summary is lifted, during the investigation, as a preliminary question at the beginning of the oral trial, in the appeal or cassation. And do not be discouraged if the first, it is dismissed. If we understand that there is a nullity, let us reiterate it in each phase of the procedure until the end.

3.    Mediation And Negotiation

Sometimes the client who has committed a crime is not yet imputed, but he comes to us because he has received a burofax from the victim warning him of criminal actions. In these cases, the lawyer must use his negotiating skills and his conviction capacity to avoid the client a criminal procedure. On the one hand, to reach a fair agreement with the opposing party (that if he has indeed suffered a crime he has the right to be compensated) that avoids the filing of a complaint, and on the other, to convince our client that – a good agreement is better than the possibility of ending up in prison. Defending the client’s interests often begins by assuring the obfuscated client of what his benefits are.

4.    Be Realistic And Not Blind With An Impossible Absolution

A typical vice in lawyers is to lose perspective, get carried away by excessive optimism, and convince the client that their case is won when it is not. The lawyer must calmly assess the matter entrusted to him (the proof of charge and defense, the applicable case law), and if there are real possibilities of obtaining an acquittal, leave the foot.

 In that case, it may be advisable to immediately go to the Court of Justice to present a document confessing the crime. The best professional is one who understands your concerns and will advise you based on your interests. A trusted lawyer will not put your interests before yours. He will be loyal and will fight to the maximum so that you get the best compensation.

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