DWI DEFENSE STRATEGY
“Beating” a DWI charge, most of the time, means successful plea negotiations. Every case has crucial elements that can provide problems for the Prosecution but most of these defense techniques and strategies come from experienced DWI lawyers. Without giving away all of our secrets, here is a quick sample of what we do to assist our clients in winning their case.
DWI Negotiation Strategies
In a majority of cases, the Prosecution looks at a “policy” or a typical method of dealing with a certain DWI case. For example, if it is someone’s first offense with a very low BAC they may reduce the charge and offer a minimum fine. In the alternative if that person has a history of DWI they seek probation and jail time.
To minimize the damage and obtain more favorable plea agreements we look to the strength of the case and utilize the Sixth Amendment Confrontation Clause. What this means is that we have the ability in your defense to confront your accusers and challenge their conclusions about your sobriety. Whether it is at a hearing, or trial, the arresting officer can subpoena’d by the District Attorney to discuss his arrest. This gives the defense the opportunity to expose weaknesses to the Judge or Jury, and sometimes even find additional problems with the Officer’s arrest. Potential issues include:
- An illegal stop of your vehicle
- Insufficient allegations on your charging paperwork
- Unfair and unconstitutional allegations – including lack of probable to arrest
- Speedy trial violations
- Breath Test inaccuracy
- Witness credibility
- & many more…..
Remember: You always have right to obtain a Fair Resolution
The other methods to obtain a great resolution is to challenge the legal cause for stop, submit equities to the District Attorney, and find constitutional issues or problems with the Court’s processing and procedure of a DWI case. Not one is perfect and mistakes do happen.
The best way to approach any DWI allegation is to gain the appropriate facts utilize an effect strategy tailored to each specific case. In criminal defense knowledge is power.
If you have been charged with a DWI call Attorney Christopher Brown today to schedule a free consultation at (607) 988-3131. Attorney Chris Brown is a former prosecutor and personal injury lawyer who has successfully litigated thousands of cases in Upstate New York. With our office located in Binghamton, NY we proudly serve the Southern Term for criminal defense and personal injury in Broome County, Tioga County, Delaware County, and Cortland County.
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“Chris is an absolute life saver. I had suspensions across NYS and I thought I’d have to hire multiple lawyers. Within days I had my license back and I only had to pay a small fine .“
-Charlene P., Client
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