What a DWI Lawyer Can Do for You
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CASE PREPARATION AND EVALUATION
In each D.W.I. case where the accused comes to this office within 15 days from the date of arrest we will work to defend and protect the accused.
*We will request a license suspension hearing
Set the matter for an immediate hearing, in order to better understand The States’ evidence.
We will obtain all discovery documents of the arrest including the officer’s report and notes, the jail interview, any legal documents read to or given to the client, the breath test slip and any certification of the State’s breath test expert concerning the operating condition of the equipment used for testing.
We will subpoena the police officer and have him or her personally served with a subpoena to appear at the hearing as soon as possible, in order to better understand The States’ evidence and case.
We will aggressively schedule and conduct the defense at the license hearing and take the sworn testimony of the police officer concerning his report and his memory of events at the time of the arrest. This may very well open unforeseen doors to a better outcome.
We may obtain a copy of the transcript of the hearing and conduct an appeal from the hearing concerning the license issues.
*We will protect your driving privilege
Once a hearing has been requested the State of
Our Law Firm will aggressively contest The State at these hearings. However, if the client loses the hearing we will work to obtain an occupational drivers license immediately. An occupational license will allow you to drive 12 hours per day, six days per week. It is important to note that second and third offenders have a statutory waiting period before an occupational license may be obtained.
If your license is suspended it is not a permanent blemish on your record. Upon winning your case, the suspension may still be erased under most circumstances.
*We will aggressively prepare your defense
Attorney Stephen A. Nicholas has represented individuals accused of D.W.I. and D.U.I. for 23 years.
Obtain a copy of the State’s video tape of the stop, arrest and field sobriety tests.
We will file pretrial motions in order to obtain a dismissal of the case based upon lack of probable cause, violation of Miranda vs.
We will file pretrial motions in order to better secure and obtain a fair and impartial trial with fair and impartial jurors.
We will conduct a jury trial in an aggressive and expert manner with care to preserve the client’s constitutional rights to a fair trial and to the effective assistance of counsel.
We will prepare our client for his testimony should that testimony be advisable or necessary.
Trial tactics are specific to the individual case. But some tactics include demonstrating to the jury the statements are false or inconsistent actions of the officer or of The States’ witnesses lack the ability to testify or lack qualifications as an expert or an expert lacked the opportunity to witness or observe the actual events or the lack of proof of the breath alcohol concentration at the time of driving rather than merely the time of testing.
WE WILL ERASE YOUR CRIMINAL RECORD
If you win your case before the jury, the fee can include an expunction proceeding which will erase your record of arrest and any record of license suspension, and you may be able to say that you have never been arrested and/or convicted or you can deny the existence of the expunction order.
Under certain circumstances and agreements, even when the case is dismissed based upon pretrial motions, the arrest record can be expunged.