In defending these cases Henrico second DUI lawyers are looking at multiple facets of the case. They review the stop itself to determine if there was the required probable cause. They’re determining if the officer conducted the stop and conducted their tests correctly, while also making sure they operated the blood alcohol machine correctly. Additionally, because it’s a second offense it needs to be checked that the first offense they are using is accurate.
Sometimes there can be issues with the first offense that can be uncovered, whether you didn’t have proper counsel or whether the timing of it is off. Sometimes a DUI lawyer in Henrico County will be able to get charges reduced to a first offense rather than a second based on an improper first offense.
When building a defense a Henrico County second DUI lawyer will first look at the probable cause for the stop to determine if it was sufficient to comply with the 4th amendment. This includes looking to determine if the officer included the proper information in his report regarding when the stop was conducted, when you were last operating the vehicle, what tests they gave, and if the tests were monitored correctly.
Then what Henrico second DUI lawyers are looking for is who operated the machine and if the machine was operating correctly at the time your test was conducted. All these factors and more are used to determine, not only if the Prosecution can prove their cause, but if any legal issues exists we use to get your charged reduced or dismissed.
Yes, second offense DUI charges are prosecuted much more vigorously than a first offense. The prosecutors will always seek active jail and sometimes jail beyond the minimum mandatory requirements. Prosecutors will not reduce these charges unless there are significant legal issues regarding the stop or BAC test.
A second offense DUI differs from a first in a number of ways. Obviously, the penalties are much harsher on a second offense but in addition to that, the prosecutors are much less likely to negotiate or consider mitigating factors on a second offense rather than a first. That’s primarily just because this individual has already been through the system once in a DUI and now it’s becoming, now they’re becoming repeat offenders. So the policy in Henrico is to convict and to punish harshly anyone with a second offense.
Second offense DUI Charges are treated harshly by the courts. They will not negotiate and will not consider mitigating factors without a strong legal defense. In addition to that, the judges will routinely impose a jail sentence above and beyond the minimum mandatory requirements on second offense charges.
If you or a loved one has been charged with a second DUI, you are facing a much more serious prosecution and the potential penalties are harsher. It is important to consult with a Henrico second DUI attorney who has experience litigating serious DUI cases in the area. They can explain the process to you and discuss your options with you, to help you make an informed decision on how you want to proceed. Call our office today to speak to an attorney.
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