subject: Choosing The Right DUI Attorneys in Burbank, California [print this page] In Burbank, there has been a raft of legislation passed in order to punish, deter and curb DUI (driving under influence) offences, given the astronomical drain it poses to the taxpayer in terms of the prosecution and processing of the offenders responsible for such crimes. There has been fierce criticism of this legislation, primarily on the basis that it is too draconian, and that whilst it is excessively punitive, the measures have done little to actually deter the offenders. Therefore, whilst the judiciary is able to extract its pound of flesh from the culprits, it has endured the scorn and wrath of self-righteous DUI defence attorney's across the city.
One cannot help but feel that the lawyers and attorneys present in Burbank are not guilty of being dishonest and deceitful in this particular legal quagmire, because whilst they profess that what they do is all in the name of justice, it seems that there are more vulgar considerations at play here.
Specifically, since 2005, a law was passed whereby any drivers who is arrested in connection with a DUI offence and where the driver has a blood alcohol concentration (more commonly abbreviated to BAC) and where the BAC of that driver is either equal to, or is in excess of 0.8 then they WILL be charged.
Therefore, the arresting officers do not have to present any further evidence to ensure a conviction for the driver in question, the presence of a 0.8 BAC is sufficient in its severity so as to give rise to an automatic presumption of guilt.
Why then are the lawyers of Burbank so incensed by this?
Because it effectively means that there role in the defending of their clients (and therefore, their profit margins) are reduced. However, this is merely the cynical opinion of this morally jaded author!
Upon hearing this little nugget of information, many laypeople who find themselves in the most unenviable position of a DUI criminal charge hanging over them then feel that their DUI lawyer is of no use to them.
Wrong, whilst the presence of the BAC of 0.8 or more means that the prosecution does not need any further proof of undue influence/impairment of the driving ability of the accused, it does not mean that the prosecution will automatically win.
So what possible contribution could a defence lawyer make to a DUI case in Burbank?
First and foremost, they will examine the circumstances of the arrest and ensure that the arrest, searching of the vehicle as well as the testing of the driver was all completed according to the standard operating procedures as enshrined within departmental guidelines within the force.
The lawyer will also ascertain the precise reason(s) as to why the police officer responsible for conducting the DUI test stopped their client's vehicle in the first instance. Whilst breathalyser tests are commonly relied upon, this does not mean to say that they are foolproof or 100% accurate. Whether due to a technical malfunction or down to human error, there is always the possibility that the results provided by the breathalyser are not dependable.
Choosing The Right DUI Attorneys in Burbank, California
By: RW Goldberg
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