What Situations Make A DUI Case More Difficult To Defend?
Interviewer: Are there other aggravating or enhancement factors that make a DUI harder to defend? For example, is it more serious with kids in the car?
Aaron: Injury accidents are the worst, especially when there is a fatality. Those are horrible circumstances, but they do happen. Those are the ones that often get laws to change and become much tougher against just regular DUIs.
In fact, the toughest cases to defend, that I deal with on a regular basis, are accident cases. An accident often shows impairment of driving. There is someone weaving a little bit or crossing the line, versus someone who gets in an accident. Impairment is usually a little more obvious in most accident cases.
Regarding kids in the car, that is one you usually do not want to put in front of a jury. When someone has their kid or someone else’s kid in the car, it is not a great one to put in front of a jury of 12 people.
Another one is high speed. Jurors, prosecutors and judges do not like someone going 90, 100, 110 mph. Think how you feel when you are driving 55 or 65 and someone whips by you- 20, 30, 40 mph faster than you. If that person is sober, it is dangerous enough. You just cannot react to cars going that fast, necessarily.
Regarding alcohol in the system, I get cases where my clients are twice the limit and going that fast. Those are very difficult cases to defend. Those tend to be, a lot of times, cases where my client will have multiple prior DUIs. Those are tougher to defend, as well, when they have prior DUIs.
By Aaron Bortel
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