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DUI Defense in the Criminal Justice System

Driving under the influence or DUI is a criminal offense and could lead to arrest that may have serious consequences. It is very important not to underestimate the seriousness of a DUI charge.

A DUI can be legally defined as being in control of a vehicle while intoxicated or under the influence of alcohol and/or drugs that could affect or impair the driver’s ability to control the vehicle.

The moment you are arrested for a DUI, it is essential to call a New Orleans DUI lawyer who can provide legal advice and representation to form a defense against the charges. Click here to find out more about DWI New Orleans. A good DUI defense in the criminal justice system should provide:

– Means to get you out of jail on bail.
– Protection of your rights.
– A means of retaining your driving privileges.
– Minimum fines or financial obligations resulting from the charge.
– Minimize any other penalties such as community service.
– Prevent or minimize prison time related to the charge.

A comprehensive defense can only be achieved through a detailed knowledge of traffic, DUI and criminal law by a legal representative.

In the criminal justice system, the onus of proof lies with the prosecution. This means that they need to prove beyond a reasonable doubt that you are guilty of the crime that you are charged with, normally to a judge and/or jury.

However, laws regarding DUI’s differ from state to state and therefore need to be addressed in different ways. For example, in some states, including Louisiana, a driving license or permit can be revoked within a specified period of time after being arrested, and you could spend several months in jail.

The revocation of a license is totally separate to the criminal hearing but can only be invoked if no hearing is requested. If convicted in the criminal hearing, the driver’s license may only be revoked at that time. It can be difficult to have a driver’s license reinstated in cases where there was no hearing. Few people are aware of this and suffer this consequence due to a lack of adequate legal representation. For residents of South Louisiana, DWI New Orleans will keep its clients informed, as well as ensure their sentences are lightened.

If the DUI resulted in a traffic accident, the criminal consequences can be even more problematic and may also result in civil charges for compensation due to loss of property or for medical expenses.

A case where a DUI was the cause of loss of life is the most ominous. In these cases, additional charges of manslaughter or even second degree murder can be brought against the alleged offender. In this event, legal representation from a New Orleans DWI Attorney (https://twitter.com/DWIAttorneyNOLA) and a good defense strategy are even more important as the charges could result in an extended prison sentence.

Once convicted of a DUI offense, the offender will have a criminal record that will follow them for the rest of their lives no matter the seriousness of the offence or the penalties/sentence they received. However, for less serious offences, a DUI offence can be removed from a criminal record after a period of time has passed without the driver re-offending. It may be necessary to get assistance from an attorney to have a criminal record cleared.

 

Is There A Lot Of Corruption Within The US Justice System?

There has always been a spotlight on the corruption within the US Justice system. Of course, before you start examining the system or calling it corrupt, you have to first understand that it isn’t perfect. There will be mistakes made, and those have to be separated from what is considered corruption. When legitimate mistakes are made, it’s all part of the justice system being an imperfect model for dealing with prosecuting crimes and dealing with criminals.

One of the biggest examples of corruption that people like to bring up is the wrongful convictions that take place. Again, these convictions can happen due to mistakes that are made, but corruption has certainly been proven in certain instances as well. There are corrupt people out there, including dirty cops, dirty judges and dirty prosecutors, just like with all other professions.

Then there is the criminalization of minorities, specifically African Americans. When cleaning up crime in the 90’s within the US, it was quite clear that African Americans were given harsh sentences for crimes that were considered to be relatively small. Whether you want to make it about racial divides or not, the corruption has been evident in many of these cases as well. The President recently pardoned thousands of individuals who were given lengthy sentences for non-violent offenses.

What other instances of corruption have you been aware of when it comes to our justice system? It happens all the time, despite most people involved being good people trying to do their best. There are corrupt politicians that also have a major influence on the ranking officials within the justice system as well. It’s important to fight against the corruption, but it’s also important to do it by banding together and not by dividing the people of our country even further.

They Say, “No Justice, No Peace”

Division, disagreement, violence, and chaos have gripped the US in recent years, including a visceral disrespect for law enforcement. Those who oppose the police claim that large numbers of minority males are disproportionately & wrongly killed by cops. They cry for “justice” and vengeance, even before all facts are presented. The point of this article is not to express a personal viewpoint about these matters but to underline the important truth that laws are laws. And if the those laws are broken or ignored, there are consequences. In order for criminal justice to work effectively, law enforcement officials must be allowed to do their jobs. And, of course, if those officials abuse their power in any way, they should be held accountable. However, in more cases than not, the victims of “police brutality” were criminals who threatened the lives of officers and/or other innocents. And it’s unfortunate that society is so quick to pass judgement on the people who put their lives on the line to protect us. In the United States, the basic idea of justice means that when a set of moral codes is broken, through a fair process, punishment and protection will be passed. Justice must be served to anyone who breaks the law, regardless of their position. As for DWI’s, there are laws in place in all states to restrict driving under the influence of alcohol. However, when someone is charged with a DUI or DWI, they may have leverage for lessening the severity of the charge or sentence. But the law is still the law, and usually, driving under the influence is going to have moderate to harsh consequences. Unfortunately, many people do not seem to acknowledge that our communities would disintegrate into chaos without laws, which are designed to protect the rights of the citizens, as well as law-enforcement officials.