A DUI can dramatically affect your life, both in the present and the future. Future employers may balk upon seeing your record, and should you lose the ability to drive, maintaining your current job could become problematic. And we haven’t even begun to consider the hefty fines that you will face with a DUI conviction. Our DUI defense attorneys at Jameson Stone have dealt with many DUI cases in Mechanicsburg and Cumberland County, PA. Our Mechanicsburg DUI lawyers can help.
No two DUI cases are created equal. Pennsylvania law has both misdemeanor and felony DUIs, which are further divided into degrees of severity, which in turn determines the amount of the fine and potential jail time involved. The goal in any DUI case is to reduce the charges as much as possible and thus minimize the negative impact on you. Ideally, that means getting charges dropped completely. This can be done if you and your DUI lawyer in Mechanicsburg take the right steps.
The most important factor in your fight against the prosecution is the quality of your legal representation. Do not even consider representing yourself in court. There are many nuances in PA DUI law that only an experienced Cumberland County DUI defense lawyer can navigate, and courts tend to take self-represented individuals less seriously. Besides, a DUI lawyer will do much more than just plead your case in front of a jury.
A DUI defense attorney in Cumberland County will help you every step of the way, which includes important paperwork and presenting your case correctly before the actual trial. If you make a mistake in one of the preliminary steps, you could have a more difficult time later on in the process. It’s always in your best interests to contact a lawyer immediately after an accident where you suspect DUI charges could be pressed.
If you’ve been charged with a DUI of any sort, do not delay. The sooner you get legal representation, the better your odds are of winning the case.
Computer scientist Damian Conway once said that documentation is a love letter that you write to your future self. As DUI defense lawyers, we would wholeheartedly agree. The better your documentation, the easier it will be to prove your innocence, or at the very least refute some of the heavier charges levied against you. When you have proper documentation before and after the accident, your chances improve.
You may not have been able to document an accident itself, for example, but if you have any evidence of the events leading up to the accident or images of the immediate aftermath, these may be beneficial. For example, if you have dashcam footage or even a GPS record of your whereabouts prior to the accident, these can help to build a case that presents you in a positive light. In some DUI cases, these records were the key pieces of evidence.
Documentation of your activities doesn’t provide the whole picture. You should also bring any documents that you can find related to your car. For example, you may be able to demonstrate that a fault with your vehicle was more to blame than your alcohol intake.
Your DUI lawyer in Mechanicsburg will also seek records about the other party’s vehicle, if possible. Finding out that the other individual’s car had mechanical issues could cast doubt on your responsibility in the matter.
Repeat offenders are more likely to face stronger punishments from the state. This isn’t limited to DUI offenses, either. Your driving record can be brought into question during a DUI case. If you have a long history of traffic violations, this could be used against you. However, it is possible to expunge certain items from your record if they’ve been on the books for a long time. Your DUI defense lawyer in Cumberland County will also be able to argue the irrelevance of older infractions.
If you do have a previous DUI on your record, that doesn’t mean your case is doomed to fail. Your behavior after that conviction and how you responded in the time following can have a major impact on how the jury responds to this infraction.
Understand that your behavior is going to be heavily scrutinized throughout the process. Everything you do from the moment you step out of your crashed car is going to be analyzed and dissected. How you act in those moments is critical, but even afterward you need to be on your best behavior.
For example, if you were belligerent with the authorities when they arrived or berated the other driver, these actions will come up again in court. They will not be seen favorably. Your DUI attorney in Mechanicsburg can help to diminish this to an extent, but it’s much easier to argue in your favor when you’ve been a model citizen since the accident.
Your legal behavior also matters. You should make every effort to be extremely punctual, well dressed, and polite whenever you are summoned or have to interact with authorities. If documents or testimony are requested, you should provide them as soon as possible and never obstruct the state’s attempts to get information.
Pennsylvania law tries to strike a balance between punishment and rehabilitation when it comes to DUI cases. While jail time is a form of punishment, it does not always have to be used. If the court sees you as an unrepentant individual who is likely to commit the same crime again, jail becomes far more probable.
You can take proactive steps to prove good character. Entering rehabilitation or some form of therapy or counseling even before the court orders it could be a wise move. If you have a history of charitable activities or volunteer work, you can also leverage this to present the court with a clear image of an individual who made a single mistake but who is actually an asset to society.
The aforementioned factors will prove critical to your case. However, if you really have committed a serious infraction that involved bodily injury, minimum penalties will apply and it can be more difficult to dismiss felony charges. In these cases, your Cumberland County DUI lawyer will need to try and minimize your perceived fault.
If the other driver was partially responsible for the collision, it may be possible to reduce the DUI to a misdemeanor. If it can be shown that your impairment was not the cause of the accident, your odds of winning the case are much greater. Witness testimony and photos of the accident, as well as traffic records at the site of the crash can be used to support this argument.
These are last resort tactics, but they can work in your favor. Perhaps the prosecution alleges that you committed a felony DUI because another person was injured in the accident. However, the standard for injury is very low. If the other party was attended to by medical staff or even just went to the hospital out of precaution, prosecutors will often consider this an injury.
You can fight this by examining the other individual’s medical records and evaluate how severe their injuries really were. You’ll need a solid legal defense for this to be successful. There’s a reason your lawyer is your #1 factor. Call Jameson Stone to help you resolve your DUI case in Mechanicsburg, PA or anywhere else in Cumberland County.