What Are The Main Differences Of Burden Of Proof In Criminal Court And At The Las Vegas DMV Hearing

The burden of proof implies that basically the government itself in the face of the prosecutor or the state attorney or the driver himself will have to provide enough evidence that would indicate that a person was in fact driving under the influence of alcohol. With that said, the burden of proof works very differently in criminal court cases and at the Las Vegas DMV hearing. Whereas during the criminal court hearing it is the prosecutor who will need to provide the court with sufficient burden of proof that would clearly demonstrate that the driver was guilty, during the DMV hearing the DMV officer does not have to prove anything and he or she is going to act in line with all the available evidence.

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This implies that during the criminal court hearing a person is not obliged to demonstrate that he or she was not driving under the influence of alcohol or any kind of illegal substances. On the contrary, the person will have to defend him or herself using all available evidence or legal representation. Sure enough, in case the government does not have sufficient evidence or burden of proof that would help in demonstrating that the individual is guilty, there can be no case.

For example, let us presume that the prosecutor is presenting the judge with the BAC test results along with the police, which clearly states that the defendant was in fact driving under the influence of alcohol. It is all fined and well, but the law enforcement officer who was on the scene and who subsequently submitted the report is known for being unreliable. He used to fabricate his reports in the past – there were some dangerous precedents. Furthermore, it also turned out that the equipment the law enforcement officer was using to take the BAC test was hot properly calibrated, which is also a major factor. The driver is claiming that he or she was not drinking. There is another driver, who happened to be at the scene and he is backing the defendant’s story up. It is quite apparent that there is not enough burden of proof to demonstrate the person was actually driving under the influence of alcohol and the case is going to be closed.

On the other hand, when it comes to the Las Vegas DMV hearing, the burden is on the driver to demonstrate that he or she was not driving under the influence. The DMV officer does not have to prove anything and will base his verdict on the factual evidence. One way or the other, it is extremely beneficial to have a qualified as well as genuinely experienced Las Vegas DUI attorney during both of the hearings. He is going to use all his knowledge and all of his expertise to demonstrate that the defendant is not guilty and there is not enough burden of proof that says otherwise. Hence, this is the only viable option for you.

The Importance Of Being Prepared For The Las Vegas DMV Hearing

Being charged with Las Vegas DUI charges is very stressing as well as frustrating. However, the very first thing that you will need to worry about is not going to be fines or jail sentence – there is criminal court for that. No, the very first penalty that you are going to face is losing your driving privileges. Right on the scene of the accident the arresting law enforcement officer is going to take your driver’s permit from you.

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Now, granted, he will provide you with temporary papers, which will allow you to operate your vehicle for 30 more days. However, if you do not wish your driver’s license to be revoked or suspended, you will have to initiate an administrative DMV hearing within 10 days after the accident. Now, it is important for you to understand that the DMV hearing has nothing to do with the criminal court hearing. The decisions of the criminal court will not affect the verdict made by the DMV officer and vice versa. One way or the other, chances are, you will want to o your best to keep your driver’s license. This is completely understandable, since most people these days cannot even imagine their day to day living without their vehicles.

The main problem is the fact that for the Las Vegas DMV officer you are nothing more than part of the statistics. He is specifically trained to not being affected by other person’s emotions, no matter how sincere as well as genuinely touching these may be. This is one of the many reasons why it is so important, crucial even, to make sure that you come 100% prepared for what is to come. By that we mean coming up with solid legal defense strategy and a good speech that will make you stand out from the statistics. Sure enough, only a good legal representative is going to have what it takes to make sure that you know exactly what to say and how to react during the hearing.

Things can get rather emotional. There was even a situation, when a person was drugged and was too afraid to talk about it during the DMV hearing. Still, it is necessary to say what you need to say. The lawyer is going to train you on how to speak properly and you will avoid situations when you are left speechless in front of the DMV officer.

Hence, if you are interested in keeping your driving privileges and wish to come up with a solid defense strategy during the administrative DMV hearing, it is vital to find a good Las Vegas DUI lawyer, who is not going to let you down.

How Important Is A Previous Experience of Your DUI Attorney

It is no secret that being charged with a DUI in Las Vegas is genuinely frustrating and could have a truly devastating impact on your day to day living. This is why, in case you or maybe your loved ones were charged with driving under the influence, it is extremely important not to lose any time and to find an experienced as well as genuinely qualified attorney at the earliest opportunity. Sure enough, the market these days is pretty much filled with all kinds of lawyers, who will always be more than happy to provide you with their services. Nevertheless, you must be careful when choosing the right attorney. After all, he or she is the person, who will need to make sure that you get a minimized sentence or perhaps will get the case dismissed to begin with.

With that said, a good Las Vegas  attorney is always going to provide you with a chance to talk during the initial consultation, which also comes free of charge. During this consultation, you will be able to sit down with the legal representative and tell him everything about your case. The lawyer is going to review all the available evidence, all the details of the case and will then help you in coming up with a solid legal defense strategy. Now, it is very important for you to be 100% honest with the lawyer. No matter how ashamed you may be of your actions, the attorney will need to know everything so as not to come across any unforeseen situations in court.

Furthermore, do not forget that the lawyer should also be honest with you. If the attorney is promising you a positive outcome within the very least amount of time possible, he is not a very good professional. There are far too many factors that could have an impact on how the case will play in court. Even the best lawyer cannot give a promise of a 100% positive outcome, so keep that in mind when choosing a legal representative. One way or the other, the attorney’s experience is extremely important. To demonstrate how crucial it really is, let us review a simple example.

Let us imagine that John was arrested for a DUI. It is his first time DUI. He goes to the DUI arraignment along with his attorney. The lawyer knows that the judge at the arraignment has zero to none tolerance when it comes to DUI. The judge believes that a harsher sentence will make the offender think twice next time. This is why the attorney tells John to plead not guilty. This will get them to the pretrial, where a completely different judge is going to take the case in his hands. Based on the lawyer’s experience, he will know how the judge will react to a first time DUI offender and so he is going to provide John with further recommendations. Only an experienced Las Vegas DUI lawyer knows how to make a defense strategy to avoid jail time.

What Is a Reasonable Cause For a DUI Arrest

What does the notion of reasonable cause mean when it comes to DUI in Nevada? Well, in fact, it is a major factor, vital even for the Las Vegas DUI case. In case there was no reasonable cause to pull the driver over, there can be no case and the case is going to therefore be dismissed. With that said, in case the law enforcement officer pulls over a vehicle, he must have a reasonable cause to do so. Sure enough, there are certain exceptions, but in most cases if there was no reasonable cause, then all the evidence that was gathered on the scene will not play in court and the case is going to be dismissed.

In order for you to better understand how the very notion of reasonable cause plays out in a Las Vegas DUI case, let us review a straightforward example. Let us imagine that Bruce is a law enforcement officer. He is watching a certain part of the road and it is his job to keep this part of the road safe. In case Bruce is going to notice that someone is speeding, he is going to pull this person over and for a good cause. Yet another reasonable cause for Bruce would be seeing how a driver ran the red light. Furthermore, if the car’s windows are tinted, it is also reason enough to pull him over. In addition, if a driver has broken headlights, Bruce is going to pull him over as well. Nevertheless, in case Bruce believes that the driver is drinking inside the vehicle, but the car is not swerving or acting suspiciously in any other way, he has not right to pull the driver over.

Let us imagine that Bruce’s intuition tells him to pull a driver over, because he was definitely drinking alcohol. He pull the vehicle over. The driver did nothing wrong – he was not speeding, was not running the red light or swerving the lanes. Still, for some other reason, Bruce decides to ask the driver to submit himself to a field sobriety test. Well, Bruce was correct – the driver was drinking – his BAC is .12, whereas the limit is .08. unfortunately, even though the driver was clearly drinking while operating the vehicle, the evidence that was collected by Bruce is not going to play in court, since he was not following all the legal procedures correctly. Pulling a driver over without any reasonable cause implies the violation of the fourth amendment rights.

Call us now if you or your loved ones have reasons to believe that the law enforcement officers had not probable cause to pull you over in the first place and you feel that your fourth amendment rights were violated, the very best way out would be to get in touch with a legal representative as soon as it is possible. The lawyer is going to find a way to prove that the police officers were not following all the legal procedures and the case is going to be dismissed.

Law Offices of Las Vegas DUI Specialists