Most people these days are aware that driving while under the influence (DUI)  can carry with it some very stiff penalties, by itself. What a lot of people do not understand is that when DUI is compounded by some sort of (accidental or not) property damage or personal injuries, the penalties can be doubled, even for first-offenses. If your Palm Beach DUI included some or any form of property damage, even if it was limited to just your own vehicle, then it’s VERY important to contact Musca Law right away.

Statistics indicate, and police are well-aware, that as many as forty-percent of car crashes that involve a fatality are the result of alcohol. Likewise, many of the crashes that produce personal injury are later proven to be the result of DUI. Because of these numbers, high-profile accident cases, and heavy lobbying from any of the dozens of anti-DUI groups, the penalties are tougher across the board for these DUI offenders. A first offense DUI that involves property damage can easily lead to a year in jail and a one-thousand dollars fine instead of six months and five-hundred dollars for the more average and ‘regular’ first-time offenders. If your situation involves any damage to any property, then you need the help of a Palm Beach DUI attorney immediately.

Property damage during a DUI – now what?

A good, competent, and experienced Palm Beach DUI lawyer will offer several defenses and can present them in court to help save you from the extreme negativity of the harsh consequences associated with this form of DUI. For instance, the attorney can challenge evidence taken in violation of crash report privilege. Drivers are allowed to report certain things during accident investigation and they are granted immunity in these situations. Naturally, police and the law in general urge you to speak to the arresting officer and cooperate with an investigation. But when it is you whom are being investigated or arrested, it is usually best to be quiet and give only your drivers license and vehicle information, then to request a lawyer and remain non-speaking until your lawyer arrives. The less you incriminate yourself, the less-hard it will be to successfully defend you.

One of the things a Prosecutor will be forced to prove in court is that you were actually behind the wheel. Unless there are some “wheel witnesses,” it becomes more difficult for the State to prove that you were driving. Perhaps of the most import is the defense against improper DUI testing. Skilled Palm Beach DUI attorneys fully understand that roadside agility tests taken just after an accident can usually be excluded from evidence in most instances. Since you were likely still shaken up from the incident itself, your results may not be indicative of intoxication. The same is true for breath test results, especially after an airbag deployment, as experts have established the inconsistency in these results.

There are many ways to fight against both the DUI and the enhanced penalties brought about by the property damage element. A solid defense team of Palm Beach DUI lawyers will be on your side. The skilled attorneys at Musca Law are able to help you today.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.