Friday, October 2, 2009

DUI attorney prosecutor and the California DUI defense lawyer each have constitutional roles in a California DUI

California drunk driving cases require the California DUI attorney prosecutor to legally and ethically provide any California DUI evidence that shows that you are not guilty (or not).

The California DUI attorney prosecutor and the California DUI defense lawyer each have constitutional roles in a California DUI prosecution. These roles are intended to ensure fairness, a fair trial, and that an innocent person is not convicted of a DUI or drunk driving.

A California DUI defense attorney’s constitutional role is to ensure due process via fundamental fairness. Due process rights include the right to confront and cross-examine the witnesses and evidence, the right to have a defense attorney represent you, the right to remain silent and the right to a jury trial. The police must tell the truth and not get caught lying.

The job of a quality California DUI defense attorney cannot be fulfilled without thorough pretrial discovery. A California drunk driving prosecution cannot be fair unless one can see all the evidence - good and bad - the California DUI prosecutor has in your case.

In order to have complete discovery there is much information that should be sought in a California drunk driving case. The majority of this information relates to the elements that the state must prove, the burden of proof, and any California DUI defenses available to the defendant, including rising blood alcohol defenses.

Complete discovery means the California DUI defen­dant is entitled to DUI-related information including the qualifications of the arresting officer, the breath test operator, the blood technician, field sobriety test information, and California DUI blood and/or breath tests administered as part of the California drunk driving investigation.

If you need help, there a number of California DUI attorney resource centers online.