October 20, 2006, Newsletter Issue #36: An Alarming Trend?

Tip of the Week

Some DUI lawyers report an alarming trend of overzealous charges filed against people accused of driving under the influence of alcohol. In some cases, this type of "over-filing" is used to bring felony charges where none are warranted, up to and including murder charges in cases that clearly warrant manslaughter charges instead.

If you fear a felony conviction based on over-filing of DUI charges, your best possible DUI defense is to hire a lawyer skilled in fighting DUI charges. However, this is not enough. Your DUI lawyer will need any ammunition you can bring to court. Do you have eyewitnesses who can attest to your actual state behind the wheel and are willing to testify as to the facts of the incident in question? Do you have photographic evidence of any kind that can prove you were doing what you claim to have done? Any kind of evidence, no matter how unimportant it may seem to you now, could be of great importance.

One particular kind of witness that is often overlooked? Bartenders. If you have a bartender as a witness for the defense, your lawyer may be able to convince the jury of your innocence based on such "expert" testimony. You may think it's grasping at straws to call the bartender as your witness, but in a DUI case, especially one that carries a felony charge, you'll want all the help you can get. If they can vouch for you in court, get the testimony on the record.

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