I Was Arrested And Charged With A DUI On New Year’s Eve. Will I Lose My Case Due To It Happening On A Holiday?
It is difficult to predict whether a person will lose their case due to the time if he or she is arrested and charged with a DUI on New Year’s Eve because every case is different. One of the issues with New Year’s Eve is that a lot of arrests are made due to checkpoints and the presence of more officers on duty. The truth is, that there are more people drinking on New Year’s Eve, which means that there are more drinkers and drivers. Overall, a lot more arrests are made over the holidays and New Year’s Eve. When officers are making more arrests, they’re also trying to get back out on the road as quick as possible to continue making more arrests. By doing so, the officers are going through procedures quicker than normal. They may not be following someone long enough to determine whether a person is undoubtedly weaving or swerving over the lines. Moreover, officers may not be spending enough time on field sobriety testing. They may also forget to admonish drivers by trying to speed things up, and there may be more handoffs by the more experienced officers. Thus, getting a DUI on New Year’s Eve can prompt a solid defense.
On the other hand, if the case goes to a jury trial, the jury may be more inclined to think that partying was involved since the DUI occurred on New Year’s Eve. They would be less likely to believe that a person did not keep drinking to a minimum. For example, I had a case where the officer’s statements carried more weight in front of the judge simply because the DUI took place on New Year’s Eve. The officer started the video pretty far from my client’s car, and he was recalling the event more from his memory and less from what could actually be seen in the video. My client was pulled over quickly. He drove on the line but did not cross over the line. Even though the evidence against my client was not substantial, the judge leaned more toward the officer’s claims that my client was hitting the line or weaving due to alcohol instead of potentially being tired. A prosecutor may be more likely to charge a case that happened on New Year’s if the evidence is not as good.
This type of circumstance can apply to any major holiday that often involves a lot more drinking such as the Fourth of July, Thanksgiving, and St Patrick’s Day. The most important thing to remember is that regardless of whether it’s a holiday or any other day, you should consult with an experienced DUI lawyer in California if you’re arrested for a DUI. My firm serves the San Francisco Bay area, and we will properly evaluate your case to determine if the prosecution can prove the charges. We’re going to try to save your license and keep you from getting a conviction.
For more information on DUI Charges ON New Year’s Eve In California, a FREE case evaluation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.
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