Common Defenses for a Drunk Driver Accident Attorney
You should rest easy if you have an attorney to argue out your drunken driving accident case. The attorneys are professionally trained on how to put a solid defense even when you are on the wrong. The main duty of a lawyer is to defend you at all cost so never consider going it on your own. It might cost you a penny but never mind enlisting the services of a drunk driver accident attorney to represent you in court. The following are some of the common defenses that your attorney will argue out in court to ensure you are set free without charges. When an attorney puts the defense of necessity, he or she tries to prove to the court that the damages incurred in an accident are lesser than what it could have been had the accused not acted that way.
The logic behind this defense is for the attorney to convince the presiding judge that the accident was caused as the accused person was evading a more serious catastrophe. It does not rest there as the attorney must prove beyond reasonable doubt that it’s the case and the accused was not guilty. Duress is another defense that you might see your drunk driver accident attorney putting up in your defense. In this, the lawyer will try to prove that the accused caused the accident after being forced to do so by another person. He or she could have been drunk or in an awkward condition to drive but the attorney will insist that it was as a result of pressure from the person that the accident occurred. Just like cars, drunken motorcyclists can be forced to drive without personal consent which might end up in an accident.
For the entrapment defense, it lays the blame squarely on an officer who allegedly forces the accused to drive when drunk in a frame-up situation. The attorney will have the burden of proof in convincing the court that had the accused not been forced to drive, he or she would not have done it voluntarily for being drunk. Involuntary intoxication defense applies where the accused person caused an accident for driving after taking alcohol without any knowledge. The attorney will advance the argument that the accused never knew that he or she was drunk. Most of these are affirmative defenses that a drunk driver accident attorney will pin hopes on winning a case outright.
Improper stop can be a very tricky defense that you will get an attorney putting up to save you from imprisonment. This implies that as the accused, you did not have a reason to make an emergency stop but it was forced by circumstances. Other common defenses touch on administration and will include accuracy of portable, standard and field sobriety breathalyzer tests. In all these defenses, the drunk driver accident attorney will be under the burden of proof to convince the court that you are not on the wrong. The most important thing is justice to prevail.
Resource Box You need to know about some of the common defenses that a drunk driver accident attorney will put up in defending you. They all have the burden of proof but it should not be a concern to you as long as you get justice. You can interrogate your Amarillo DWI accident attorney – http://quackenbushlawfirm.com/recent-case-profiles.html to get more on that.