What The Presumption Of Innocence Means In Relation To DUI Charges
When you are arrested and charged with DUI in the State of California, police officers and prosecutors may lead you to believe that it is hopeless to fight these serious charges. This is far from the truth, because in the State of California you are presumed innocent until proven guilty. This is known as presumption of innocence and it is important for you to know this and hire a lawyer that understands this when you are choosing representation.
Presumption of Innocence and the Burden of Proof
Any individual in San Mateo County or throughout the State of California who is accused of a crime is legally presumed to be innocent of that crime unless the prosecutor can prove beyond a reasonable doubt that the defendant is guilty. This means that the prosecutor has to convince all twelve jurors that there is no other reasonable interpretation of the evidence other than that you are guilty of DUI. The prosecutor’s burden is the highest burden in our country and provides you with the knowledge that our San Mateo DUI defense lawyers can defend your DUI case.
When you hire Ahmed & Sukaram, Attorneys at Law, you hired unparalleled San Mateo County DUI defense lawyers who know how to expose flaws in the prosecution case. Whether it is fighting a BAC over a .08, high blood alcohol concentration allegation that you suffered a prior conviction, our skilled attorneys fight the prosecution every step of the way.
Partner, Nafiz M Ahmed is a two time nationally published author in DUI defense. He has received NHTSA (National Highway Traffic Safety and Administration – a department of the federal Department of Transportation) training in the administration of standardized field sobriety tests, i.e., the same training the police have. Moreover, he is a NHTSA qualified instructor on SFTS (standardized field sobriety tests), which means that he can teach police officers how to properly give these tests to suspected DUI drivers. As a two time Super Lawyers Rising Star and American Lawyers Media Top Lawyer in California, Nafiz M Ahmed can help you defend you against your DUI charge(s).
Often times, the best way to get you the results that you want is to take your case to trial. There is no better choice to help you at trial than Nafiz M Ahmed. You have defenses and the prosecutor’s case generally looks better on paper than it does at trial. Don’t feel helpless. Choose Nafiz M Ahmed as your San Mateo County DUI defense attorney.
On the subject of trial and the presumption of innocence, let’s not forget about another important and related right (5th Amendment rights).
San Mateo DUI and Privilege Against Self-Incrimination
When you are arrested and charged with DUI, it is extremely important to remember that you have rights. One of those basic and inalienable rights is the privilege against self-incrimination. The Fifth Amendment protects all United States citizens from making statements or answering questions that may be incriminating. This is known as “pleading the fifth” and is a valuable tool for DUI suspects. If a police officer asks you questions about how much you drank or if you have been drinking, politely refrain from answering those questions without first consulting with your San Mateo DUI defense lawyer. Police officers are trained professionals who are skilled in eliciting information that can later be used against you in court.
You also have the right to refuse to take a field sobriety test. Field sobriety tests are notoriously subjective and not necessarily a good indicator of a driver’s sobriety. You have the right to tell the officer that you don’t want to perform these tests. You don’t have to help the police build their case against you by submitting to these tests.
Additionally, you also have the right to refuse to submit to a preliminary alcohol screening test, generally, a roadside breath test to determine your BAC. Be careful not to confuse a preliminary alcohol screening test with an evidential test, i.e., implied consent test, blood or breath, that you have to take after you arrested.
If your DUI case does go to trial, the Fifth Amendment also protects you from being forced to testify at your own trial. If you refuse to testify, the jury is then instructed NOT to consider your refusal when deciding whether the prosecutor has proved beyond a reasonable doubt that you were driving under the influence.
San Mateo DUI Defense Lawyers
At Ahmed & Sukaram, Attorneys at Law, our San Mateo DUI defense lawyers have the experience and resources to fight your DUI case in the San Francisco Bay Area. If you are charged with DUI in Redwood City, San Mateo, San Jose, Oakland, San Francisco, or anywhere in the State of California, contact the dynamic legal team of Ahmed & Sukaram immediately. We are ready to fight for you and your family-no matter how serious the DUI charges are against you. You are not alone-call Ahmed & Sukaram, Attorneys at Law, today at 877-337-0697 or email us through this site in order to set up a no obligation consultation. If you prefer to video chat, please connect with us using Skype at Nafiz.Ahmed59.