The role of a DC traffic attorney is to represent the accused and fight the charges against them. To do so, a legal professional may evaluate the strength of the prosecutor’s cases and determine the best defense strategy that takes advantage of the opposing party’s weaknesses in their argument. By hiring a skilled attorney, you could be maximizing your chances for a desired outcome.
Sometimes, there may not be a viable defense based on the strength of the prosecutor’s case, but there may be procedural violations. An experienced attorney could identify these violations and take the proper steps to ensure that these actions are punished. In other cases, an attorney could negotiate a plea deal with the prosecutor.
For example, a defense lawyer may make an agreement establishing that the accused must still a fine but does not receive any points on their driving record as a result of the offense. Another agreement may be that the defendant may receive the points but have the option of doing a traffic safety class to have them removed. These arrangements may vary depending on the specifics of a case. Most of the time, these negotiations may depend on the defendant’s background and driving record. Overall, the role of an attorney in a DC traffic offense case is to identify the various options for negotiation and present the best argument to the proper groups.
The defense strategies a lawyer may use in a traffic charge depend on the offense. An attorney may be able to argue that the equipment used by the arresting officer was unreliable. For example, if an officer was using a radar device to accuse someone of speeding, the attorney could argue that the device was not calibrated properly. If the prosecutor cannot prove that is was properly functioning in return, they may not be able to prove the charge.
In other situations, there may not be evidence that the accused was the driver of the vehicle. This typically occurs when there is a collision and, by the time police or other witnesses arrive on the scene, the offending vehicle is empty, especially if there were several people in it. A common defense strategy in those situations is to argue that the prosecutor has no evidence to prove the defendant was the driver. Also, if there is a collision, there may be room to argue that the other party was at fault.
If the case is about driving on a suspended license, there may be a problem with notice. For a criminal charge of operating after suspension, the driver must do so knowingly. If the DMV notice of suspension was sent to the wrong address or was never sent, that is a defense.
One of the most challenging aspects about dealing with traffic cases is that many people are reliant on their ability to drive legally, so when that privilege is threatened or taken away, it can have an extremely harmful and immediate impact on the defendant’s life.
Also, the standard of proof is lower than in a case in which a person faces jail time, so less evidence is needed to find someone guilty than in the criminal court. In criminal court, one needs proof beyond a reasonable doubt for a conviction.
At the DMV, to find someone liable for a traffic offense, the evidentiary standard is a preponderance of the evidence. This means that an attorney must prove that it has to be more likely than not that a person committed the offense. This also means there can be reasonable doubt, and a person could still be found guilty and lose their license. One of the main roles of DC traffic legal counsel is to work to ensure that the prosecutor’s evidentiary support does not meet this standard.
When finding an attorney to represent you, it is important to find a law firm that has vast resources. Our attorneys have access to full-time investigators, and robust administrative and paralegal support. A dedicated attorney should try to be available to you as much as they can, including after hours on the weekends. It is also important to find a firm that has lawyers who have a wide variety of experienced litigating different types of traffic cases.
Overall, the role of a DC traffic attorney is to be your legal advocate and to serve your needs that come in all shapes, forms, and varieties. In traffic cases, these needs can be immediate when someone’s ability to drive is at risk, so it is important to find a firm that takes this fact extremely seriously. To get started on your case, call today.
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