An Experienced DWI Attorney Discusses Attorneys Fees and Probable Cause
If you’ve been charged with a DWI, you may feel lost, confused, stressed and unsure where to turn next. This can be a challenging time in your life, but understand that retaining an attorney who is experienced in DWI defense is the first step in turning this situation around and helping you overcome the struggles that are associated with a DWI. Your attorney will take a look at the evidence and formulate a defense based on the facts of the case.
One important aspect your attorney will consider is whether or not the police had probable cause to pull you over to begin with. Without probable cause, it’s possible your charges could be dismissed. Certainly, every case is different, and an experienced attorney may look at probable cause (or lack thereof) as his first line of defense.
What is Probable Cause?
Probable cause is the legal reason needed in order for a police officer to pull you over and investigate his suspicion. However, he can’t pull you over based on suspicion alone. Probable cause includes, but is not limited to, the following:
-Failure to obey a traffic control device
-Swerving in and out of traffic lanes
When an officer sees you committing some type of traffic infraction, he can pull you over for further investigation. Perhaps the officer doesn’t even suspect you’re drunk initially but makes that discovery once he’s able to converse with you. Some forms of reasonable suspicion include, but are not limited to:
-Glassy or red eyes
-Open container in your vehicle
-Strong alcohol odor coming from the car
From there, the officer can proceed with conducting tests to determine if your blood alcohol content is over the legal limit, and subsequently arrest and charge you with driving under the influence.
When it comes to DWI defense, there’s no doubt it can be costly and usually involve paying surcharges, fines, and fees to a number of different entities. Whether your attorney will look at probable cause or other lines of defense, you’re better off expending the fees in order to increase your chances of having the DWI charge reduced or dropped. Again, keep in mind that each case is different and your own circumstances are unique.
Fines and Surcharges
If you decide to plead guilty to a DUI offense, there are a number of fines and surcharges assessed under the law. If you negotiate your charge to a lesser charge, you’re still looking at some type of fine and surcharge, and that amount would be dependent upon the type of charge you plead down to.
Alcohol Education Course
Most individuals charged with DUI will be mandated to take an alcohol education course. While you’ll have a choice of which provider you can take the course with, there is always a fee to take this course.
Restricted Drivers License/Insurance
Being charged with a DUI means that in some way, shape, or form, your driver’s license will be restricted. The DMV assesses charges associated with obtaining a restricted license.
Also, your insurance rates will most likely rise after being convicted of an alcohol-related driving offense.
Your best bet is to contact an attorney to help defend your charge. An attorney who is experienced in defending DUI will look at your case to determine your best defense. While paying for an attorney may be something you’re hesitant about, in the long run, you could avoid a DUI conviction. For more information on how our experienced team can help you, set up a consultation today.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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