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Why is legal transcription important for dui cases
1. Why is Legal Transcription Important for DUI cases?
DUI cases demand the most from attorneys, which is why experience and efficiency of
tasks such as legal transcription are vital
The need for efficient legal transcription for attorneys is quite significant with DUI cases.
DUI (Driving under the Influence of alcohol) is a serious offense in America that could
get the defendant up to a year of prison sentence if he already has a criminal history or a
tainted driving record. The individual could also be charged with steep fines, increased
insurance rates and a loss of driving privileges. First offense DUI could also bring about
sanctions at the workplace and minimum prison sentence.
DUI Attorneys Need to be Efficient
DUI attorneys are among the busiest, looking to help their clients end up with the least
possible penalty, which is why the latter are requested to contact a criminal defense
attorney as soon as they’re hit with a DUI or DWI charge and consequently arrested.
It is important that the accused person does not provide any statement to the law officer
even during a field sobriety test without an attorney’s advice. Anything said to the officer
could be used against the DUI-charged individual in court.
Points for the Defense to Investigate
The defense seeks to investigate various aspects of the arrest. The process by which the
drunken driving charge was enforced must be examined. This differs among states and
even communities within states.
The first thing for the Defense to consider is, whether there was sufficient reason for the
officer to stop the individual while he/she was driving. This is important since officers
cannot just stop anyone for no reason. There could be vital points here for the defense to
hold on to, and efficient legal transcription of the relevant recordings could ensure
effective performance from defense attorneys.
Secondly, the method of DUI investigation at the traffic stop needs to be analyzed. It
must be investigated whether the officer had any valid suspicion of increased alcohol
content in the individual’s blood for deciding to administer a BAC (blood alcohol
concentration) test. Lack of any suspicion could rule out the legality of a sobriety test.
An Example
In a DUI case in New Jersey, the accused individual was driving through an unfamiliar
area when he has stopped and then arrested on charges of DUI (called “DWI” in the
state), driving the wrong way through a one way street, driving in an uninsured vehicle,
2. and not wearing a seatbelt. Before the trial the defense argued that since there was no
reasonable basis for the individual to be detained in the first place, and because the State
did not read the defendant his rights to carry out an independent test, the blood alcohol
evidence must be suppressed.
Though these motions were denied, the final verdict of the trial ruled the defendant to be
not guilty of three of the charges including the DWI. This was because the court ruled
that since the evidence presented by the State about the working condition of the
breathalyzer device was not convincing and also because the administration of the field
tests was not properly done - since the balance test was carried out in the rain on a sloped
ramp – the evidence presented was not valid. The individual’s driving pattern could be
explained by the fact that he was lost in an unfamiliar area.
Legality of the Tests Administered
It then needs to be analyzed whether the field sobriety and blood alcohol tests at the
traffic stop were administered in correct protocol legalized in the respective state or
community. Was the Intoxilizer Test at the station also carried out by the officer in
accordance with legalized protocol?
Failure in following protocol, or loopholes in any of these procedures by the officer could
be brought up by an experienced defense counsel to challenge the acceptability of
evidence presented or even dismiss the case totally. No aspect must be left out from the
incident, from the traffic stop to the chemical test, so as to rule out any breach of protocol
or violation of rights in the process. All these processes may involve considerable audio
recordings that need to be accurately transcribed for a clear understanding of facts.
Another Example
At Hall County, Georgia a DUI accused individual was pronounced “not guilty” by the
jury after being arrested for riding his motorcycle at 89mph in a zone with a 55mph speed
limit. In spite of the fact that the person was not having slurred speech or unsteady
walking, he was administered three field sobriety tests on the spot because the officer
claimed to have smelled alcohol in the person’s breath. He was arrested for failing the
tests. But the videotape of the arrest proved crucial for the man’s attorney who realized
that the tests were not administered in the right manner. He argued this at the trial and the
jury gave his client the verdict of innocence since the tests were invalid for not having
been administered in the prescribed manner by the officer at the site.
Experience and Efficiency Vital to Win
DUI is where the experience of the defense attorney counts. Knowledge of the DUI/DWI
protocol is essential, and must be greater and deeper than that of the prosecution in order
3. to ensure that the outcome of the case is favorable – dismissal of the charges or a lesser
sentence.
Each circumstance of a DUI arrest is unique. A thorough case evaluation by an
experienced DUI attorney could even help the suspect to beat the charges and be freed
without prison time, fines or driving penalties such as loss of license.