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DUI case raises questions about the way prosecutors handle charges, P.2

May 13, 2015 | Criminal Defense |

In our last post, we began speaking about the DUI case of Kenneth Williams, particularly the reasons behind the dismissal of his case. As we noted, prosecution’s decision to not pursue the case was somewhat controversial, and this raises the question of how prosecutors decide when to pursue a case and when not to do so.

Various factors, of course, are important in prosecutors’ decision to pursue a criminal case. Most important, of course, is the strength of the evidence against the suspect. One thing that all those facing DUI charges should be aware of is that working with an experienced DUI attorney is critical in order to identify the weak points in a DUI case and build a solid defense around those points. 

In Williams’ case, two major weak points were the lack of a chemical test demonstrating intoxication, as well as a lack of video footage showing Williams’ allegedly intoxicated state. These proved to be big enough gaps to make the case a dud from prosecution’s point of view.

In other cases, other weak factors may be at issue. For instance, in cases where police officers obtain a breath or blood test improperly or fail to follow established testing procedures, these can be potentially weak points for prosecutors. In other cases, the issue might be whether the arresting officers were legally justified in stopping a defendant’s vehicle, or the accuracy of breath testing. From any angle you consider it, scrutinizing the strength of the evidence is an important task in any criminal defense case.

Our firm is dedicated to providing high quality representation for criminal defendants in DUI cases. Our clients can be sure that we will provide zealous advocacy of their rights to give them a fighting chance in their case. 

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