Handling the DUI trial procedure takes a certain type of attorney due to its rigor and difficulty. DUI trials often require an expert-level understanding of the Federal Rules of Evidence, as well as the types of objections that may be brought against a prosecution team. To be an excellent DUI attorney, a lawyer must have a thorough knowledge of a state’s DUI statutes, understand the admissibility of certain evidence and be willing to challenge the credibility of police officers in a particular state. Here are some of the qualities that make up an experienced and successful DUI attorney:
A Strong Knowledge of the Federal Rules of Evidence
A DUI attorney must understand the Federal Rules of Evidence, because a court relies upon these rules to determine the admissibility of evidence. Often, the admissibility of certain types of evidence is enough to sway a jury to determine the guilt or innocence of a person. If the prosecution team is able to admit a police officer’s testimony, a video, witness testimony or blood alcohol tests, then the jury may be more disposed to decide that the defendant is guilty. A well-seasoned DUI attorney will make every possible attempt to keep this type of evidence out of the courtroom.
The Ability to Make Quick Objections
During a trial, it is essential for a DUI attorney to be quick on his or her feet. When the prosecutor is questioning an officer on the stand, a DUI attorney needs to be ready to make certain objections before an officer has a chance to speak. Some of the questions that an officer may answer may be prejudicial in an unfair fashion against the defendant. If the DUI attorney fails to object to these questions, then the jury may hear certain testimony that causes it to be biased against the defendant.
Excellent Research Skills
A successful DUI attorney will also have excellent research skills. He or she will be able to discover all of the latest cases that can apply to a client’s DUI case. These cases may rule that certain evidence may not be admitted. An attorney also needs to stay updated on any changes that may occur in a state’s DUI statute. A DUI statute may alter the penalties that may be permitted against a defendant. If the penalties become harsher in a particular state, then a DUI attorney needs to be ready to attempt to decrease a client’s charges in other ways.
Good Standing with the Bar Association
A DUI attorney must also be in good standing with a state bar association. If a DUI attorney has been disbarred, then this is a surefire sign that a defendant should not hire him or her as a lawyer. A defendant should always take the time to research an attorney’s reputation in the community. An attorney should have a reputation for being honest and having a hard work ethic. He or she should not be in the position of having his or her license to practice law in jeopardy. If this is the case, then a defendant should move on to find another attorney to hire for his or her case.
Overall, being an excellent DUI attorney takes ambition and a willingness to challenge the prosecutor’s evidence. If a DUI attorney can successfully seek to have certain evidence stricken from the record, then he or she may be able to win a defendant’s case and get his or her charges dismissed.
Tim Breyner is studying pre-law. His interested is in criminal law. In his spare time he is a freelance writer.