Just because a person is arrested and charged with a DUI doesn’t mean they are guilty. In fact, there are times when a mistake can be made that leads to a person being arrested even if they weren’t actually over the legal alcohol limit in West Virgina. In these cases, hiring a DUI attorney in Palos Hills can help a person as the lawyer may be able to have the charges against them dismissed due to lack of evidence.
What Does Lack of Evidence Mean?
Lack of evidence means that there is not enough evidence to convict someone. For a person to be convicted, the prosecution needs to prove they are guilty beyond a reasonable doubt. If there isn’t sufficient evidence for them to prove this, the case can be dismissed due to a lack of evidence. The case can be dismissed by the judge for lack of evidence or the prosecution may agree to dismiss the charges because a conviction isn’t going to be easy or possible.
There Is Evidence, How Can It Be Suppressed?
Before a person is arrested and charged, they will need to take a BAC (Blood Alcohol Content) test, usually with a breathalyzer. These need to be operated properly to work, and a lawyer may be able to show that an officer did not use it properly or that it wasn’t calibrated correctly. In these cases, the lawyer can ask a judge to suppress the evidence. If the evidence is suppressed, it can no longer be used against the person, which could mean a lack of evidence to try the case.
What Is the Outcome When a Case Is Dismissed?
If there is not enough evidence, the prosecution may agree to dismiss the case, meaning that the person is not convicted, but they’re not found innocent either. The charges are simply gone and will not be on a person’s criminal record. This is often the ideal outcome because it means the person is no longer facing legal trouble for the DUI and will not face the penalties associated with it.
If a person is arrested and charged with a DUI, they need to contact a DUI attorney in Palos Hills as soon as possible, as they may be able to help them have their charges dismissed. For more information, visit us at Michael D. Ettinger & Associates.
