Case Evaluation

Posted on May 3, 2013

Court Room How your case will be evaluated by your attorney

Once you have initially met with your Redwood City DUI attorney and discussed your case, he or she will make an assessment of your case regarding a potential trial or the possibility of a plea negotiation. Your attorney will take a close look at all the evidence the state possesses and analyze the field sobriety tests that were performed, the reports filed by the officers, the chemical evidence, each state witness, and any prior criminal record you have. Every weakness and strength of the state’s case will be rigorously analyzed by your attorney in order to make a determination if the state will be able to prove every element of the case beyond a reasonable doubt.

Once your Redwood City DUI lawyer has examined the state’s case, he or she will then evaluate your case, including the weaknesses and strengths of any potential expert and lay witness testimony, the potential penalties you face, the available defenses that may be employed, and all relevant state statutes and case law.

Evaluating the State’s case

Your Redwood City DUI lawyer will inform you that the state must be able to prove beyond a reasonable doubt every element you have been charged with concerning the DUI offense. Therefore, on the basis of your driving symptoms, conduct, demeanor, and appearance, your lawyer will analyze whether or not the state can produce proof that there was probable cause to stop you. Additionally, your reaction to the officer after the stop was made will need to be evaluated. For instance, suppose that when you first saw the flashing lights or heard the siren you immediately slowed down and pulled off onto the roadside, answered all questions in a cooperative manner, agreed to perform both chemical and field sobriety tests, and can fully recollect all these separate events. Your lawyer knows that a performance such as this will cast doubt on a high blood alcohol content reading since it would be inconsistent with the behavior you displayed.

Have you been charged with a DUI? Do you have questions concerning your case? If you would like to visit with an experienced and knowledgeable Redwood City DUI lawyer who can assist you with your case, please contact Silveira Law by calling (415) 795-3890.