It may seem that the most frightening part of a drunk-driving charge is the possible jail time and monetary fine, but a conviction would affect many areas of your life. You would probably lose your license at least temporarily, making it harder to work and provide for yourself and your family. Sometimes convicted drunk drivers must forfeit their motor vehicles. You would also find it more difficult and more expensive to maintain auto insurance. Contact an experienced drunk-driving defense lawyer today to help avoid these consequences.
Upstate New York DWI Lawyer
While DWI charges are common these days, you may be unsure of what to do when it actually is happening to you. DWI charges can lead to several serious consequences including higher insurance premiums, loss of your driver's license, or even jail or prison time. For these reasons, it is important to work with an experienced criminal defense attorney. My name is Kenneth C. Hyland and I have over 30 years of experience as a prosecutor in the Rochester, New York area and currently help my clients defend against DWI charges. For more information, please contact my law office to schedule a free initial consultation to discuss your situation.
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The Prosecutor's Role in a Drunk-Driving Case
Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced. Therefore it is extremely important for a drunk-driving defendant to consult an attorney who has experience defending people charged with drunk driving. If you are concerned about preserving your rights as a defendant and want to strike a fair balance in court, you should strongly consider a skilled criminal-defense attorney such as one at Law Office of Kenneth C. Hyland. in Pittsford, New York, particularly one knowledgeable in drunk-driving law.
Prosecutors Decide Whether to Pursue Drunk-Driving Cases in Court
A prosecutor usually becomes involved in a drunk-driving case through a referral from the police who have investigated, arrested, searched and processed an alleged offender. In making the decision whether to go forward with a case, the prosecutor usually considers three things: whether the case is legally sound, whether it can be proved and the relevant policy considerations. If the prosecutor exercises his or her prosecutorial discretion by deciding not to go forward with a case, it will usually be over.
The prosecutor must be assured that there is enough reliable evidence to prove the drunk-driving charge before he or she will bring the case to trial. For example, if the Breathalyzer® machine malfunctioned or the test results were lost, the prosecutor may decide to dismiss the case because crucial evidence would be missing or substantially weakened.
Policy considerations are always part of the decision to prosecute a particular defendant, because the prosecutor's job is to serve justice in the public interest, not only to win every possible case. The defendant might have mental or physical problems that make a pretrial diversion program, like alcohol or drug treatment or a suspended prosecution, a better option than trial. Finally, a prosecutor must consider the limited resources of his or her office when choosing which crimes to pursue.
Prosecutors Represent the Government-the City, County or State-in Drunk-Driving Cases
The filing of a complaint or other official document by the prosecutor officially starts the drunk-driving court case. The prosecutor appears at the defendant's initial hearing before a judge to represent the government with regard to pretrial release issues like bail. If the prosecutor has no objection to the defendant's release before trial, bail is usually allowed. At trial, the prosecutor is allowed to go first and presents the government's case against the defendant. The government must prove each element of the drunk-driving charge beyond a reasonable doubt, based on relevant, credible evidence elicited through the testimony of competent witnesses. In drunk-driving cases, the arresting officer is generally one of the key witnesses for the prosecution. The prosecutor also participates in requesting or objecting to jury instructions given by the judge at the end of the trial, although jury trials are not available in all drunk-driving cases. The prosecutor may also be called on to defend the government's sentencing recommendation, if there is a dispute over the appropriate sentence to be imposed.
Conclusion
Prosecutors have a lot of power and influence in drunk-driving cases. They take the case from the police and decide whether to pursue it in court; they represent the government in court and pursue a conviction; and they may recommend a particular sentence, if the defendant is found guilty. Prosecuting criminal cases is what these government lawyers do day-in and day-out. Accordingly, if you have been charged with drunk driving, it is very important that your lawyer is smart, tough and experienced. Call a knowledgeable drunk-driving defense attorney at Law Office of Kenneth C. Hyland. in Pittsford, New York, now.
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