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DUI defense and the use of witnesses

Drivers in Queens face so many dangers every day on the roadway. Most of these dangers relate to the risk of getting into an accident and getting hurt. However, there is also the danger of getting inappropriately pulled over, arrested and falsely accused of a crime. This happens more than one might think and driving under the influence is one of the most frequent offenses that motorists are inappropriately accused of.

When a driver is wrongly arrested on DUI charges, it is important to remain calm, compliant and alert throughout the entire process. Drivers should remember that police officers are only doing their job, and part of that job involves keeping all of us safe. Furthermore, drivers should trust that our state court system is fully aware that police officers often make mistakes. This is where the notion of "innocent until proven guilty" comes from. Everyone will have the chance to defend themselves against their charges and prosecutors will have to overcome the burden of proof before a driver is found guilty of DUI.

One powerful tool at the disposal of innocent drivers during their defenses is the ability to call witnesses to testify on their behalf. Indeed, drivers may be surprised to discover that there are a number of witnesses -- including friends, waitstaff, bar staff, passersby and acquaintances -- who were present during the evening of the arrest and can testify that the accused driver was not too drunk to drive. These witnesses might:

-- Testify that the driver did not drink prior to operating his or her vehicle

-- Testify that the driver appeared sober prior to the arrest.

-- Testify that the driver swerved, drove erratically or violated a traffic law due to a distraction or due to some other reason that did not involve being inebriated.

-- Testify to other things that can help an accused driver overcome a DUI charge in criminal court.

Ultimately, every DUI defense is different, and at Simon & Gilman, we analyze each case we take on carefully to determine the most appropriate defense strategy to employ on behalf of our client. Our goal is always to protect our clients' rights while reducing or eliminating the threat of conviction and/or potential punishments.

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