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Tuesday, April 16, 2013

DUI Defense is NOT Criminal Defense (Part 1)

If you have been charged with DUI in Pennsylvania, you need a Top DUI Defense Lawyer.  You will notice that I did not say "Criminal Defense Lawyer."   This is because DUI Defense is a specialized skill that requires a knowledge of far more than basic criminal procedure.

If a person assaults another person, the defense is fairly simple.  The defense attorney must know who the participants were and whether his client struck, kicked, or otherwise made contact with another person for the purpose of inflicting bodily harm.

In a DUI Case, the Defense Attorney must know:
  1. Did the officer have probable cause to stop the defendant's vehicle
    • Was there a motor vehicle code violation?
      • Did the activity happen on a roadway or a trafficway
    • Was there an accident?
    • Were there facts which would lead a reasonable office to conclude that criminal activity was afoot
  2. Did the officer have probable cause to place the defendant under arrest?
    • Did the officer smell alcohol?
    • What were the exact actions of the defendant that led the officer to believe the defendant was operating a motor vehicle after imbibing alcohol
  3. Was the chemical sample taken in a manner consistent with Pennsylvania law.

The defense of DUI cases is not Criminal Defense.  Therefore, you should not be satisfied with a Criminal Defense Attorney.  You should insist on hiring one of the best DUI Defense Attorneys in Pennsylvania.

More information in our next post. 

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