Why You Should Always Contest Your Drink Driving Case
You should not plead guilty straight away because you never know what defenses you are going to find until all of the evidence has been obtained from the prosecutions.
Police officers make mistakes, if they didn’t there would be a lot of criminal defence lawyers out of work.
Read on to find out why you should contest your drink driving case even if you think you are guilty because you were drunk, blew into the breathalyzer which returned a massive reading of say 900mcg and so you think your case is doomed and on top of all that, you told the officer that you had 13 beers over the last 3 hours and now you need a lawyer because you’ve never been to Court before and are worried about being sent to jail.
I have had a lot of clients tell me, “oh yeah I was drunk so I may as well just plead guilty and get it over with” and I cannot help buy ask why.
Why would you want to plead guilty and get a permanent criminal conviction.
They usually look stunned and say something like what do you mean, I was as drunk, I knew I was over the limit and I blew a super high reading, the officer showed me the results.
I usually ask them if they know the rules and regulations that police officers have to follow and ask them a number of questions, and every time, their answer is no I don’t know, I don’t know this, I don’t know that.
They have no idea that the officer didn’t for example have a legal obligation to inform them of their right to elect blood or failed to advise them of the consequences of refusing a blood sample to be taken.
If you don’t know what the police officer has to do, should have done or could have done, then how can you know that you should be convicted.
The law in NZ is that in criminal cases the burden of proof is on the prosecution, and as a lawyer, because the burden of proof is on them, we are allowed to and have a right to defend our clients. As defence lawyers we seek to put the prosecution to proof and it is as simple as that.
You could have driven a motor vehicle three times over the allowable alcohol limit but if the police are unable to prove your charge, you win the Court case.
Also if I don’t defend my clients to the best of my ability and advocate zealously for you my client, then I’m breaching professional standards as set out by the NZ Law Society.
Personally I am a strong believer in rights and freedoms, its what our ancestors fought and died for. The NZ Bill of Rights protects citizens with the right to a lawyer, the right to remain silent, the right of freedom of speech etc.
If the police violate traffic rules and regulations and laws around drink driving these can be raised as defences.
I already know there will be some people out there, saying things like “how can you sleep at night” “how can you defend these people”, you’re trying to get all these killers off the road and what if it was your wife/husband/child.
I’m just doing my job, and when a client walks into my office, they have a problem and I help them solve it.
More often than not they have suffered a major disruption in there lives such as, they just lost their job or they are going through a divorce, so my job is to fix the mistake that they made, that’s the lawyers job to fix the mistake and solve the problem.
I’m a problem solver by trade people pay me money to solve their problems, legal problems and often non legal problems as well.
I send my clients to CADS or Alcoholics Anonymous I send my clients to undertake other courses or to attend other facilities like the residential Bridge program with the Salvation Army or counselling for gambling.
I strive to resolve you the client’s problems to the best of my ability, improve your life ,and you got the best result that you could have possibly could have got for your case with my services.
Would you have got a better result with a different lawyer, possibly, but I very much doubt it given what I’ve learned over the years and what I know. I know a lot of things that I have learned because I was always eager to learn more, and the more you learn about the system and how it works the better the results.
So here’s why you should avoid entering a guilty plea at your first Court appearance for a drink driving offense no matter what. If you got in trouble with the law, you made a mistake, you made a poor decision and you didn’t abide by the traffic laws, and you are now facing a criminal charge and have to go to Court.
I invite you to take a seat and discuss your case, tell me your story, everybody has a story, the cops did this, the cops did that , I did this, I did that, the officer put the handcuffs on too tight.
Officers make mistakes, if officers didn’t make mistakes I would be out of a job if they did everything perfect every single second of every single day, we would live in a much better safer community.
I’m only here when someone makes a mistake, either the police officer or you, so once again this is why you should always always always always contest your Driving Under the Influence case, simple because you never know what you’re going to find as far as defenses are concerned until all of the evidence has been disclosed by the police and you have had the opportunity to discuss your case with an experienced lawyer.
if you plead guilty straight away how can you know and if you don’t know you will always wonder what if, what if I could have avoided a criminal conviction.
Call 09 213 9984 For an Expert Drink Driving Lawyer now.
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Do Not Plead Guilty Until You Have Had Your Case Carefully Considered By A Traffic Law Specialist.
Contrary to popular belief the Clean Slate Act does NOT remove criminal convictions, it just allows you to not declare them in certain special convictions.
Criminal convictions including Drink Driving Convictions are with you for life and may jeopardise:
- Employment Prospects
- Overseas Travel
- Ability to Rent a House
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