Will My Kentucky DUI Case Go To Trial?
If you’ve been arrested for driving under the influence in Kentucky, you might be wondering whether your case will go to trial. So, will your Kentucky DUI case go to trial? Whether your DUI case will go to trial depends on the specifics of your case. But many DUI cases in Kentucky do not go to trial.
One common way of resolving DUI cases is plea bargaining. However, depending on the specifics of your case, negotiating a plea deal with the prosecutor might not be in your best interest. Depending on your case’s specifics, it might be best to proceed to trial. A DUI defense attorney can advise you accordingly.
What Is Plea Bargaining?
As already mentioned, many DUI cases in Kentucky are resolved through plea bargaining. So, what is plea bargaining? This is the act of negotiating an agreement between the prosecution and defense. Usually, plea bargain agreements involve the defendant pleading guilty to some or all of the criminal charges in exchange for a reduced sentence. A plea bargain can even help you avoid spending time in jail.
Nevertheless, before negotiating directly with a prosecutor, you should consult with a DUI defense attorney. Remember, the prosecutor wants a conviction. They want to appear tough and boost their reputation as a prosecutor. Additionally, the prosecutor is likely to take the negotiations seriously if you have a DUI defense attorney on your side.
Factors To Consider When Determining if To Accept a Plea Deal or Go to Trial
The following are some of the factors your attorney could consider when determining whether you should accept a plea deal or take your Kentucky DUI case to trial;
- The strength of the plea bargain
- The evidence against you
- Whether you have a prior conviction
- The potential to raise defenses that would result in charges being dismissed or an acquittal
- The prosecutor’s caseload
For example, after reviewing your case, your DUI defense attorney could find that the evidence the prosecution has against you is weak. They could find that there are possible defenses you could raise that could result in your charges being dismissed or an acquittal. That said, it is crucial to note that proceeding to trial, even when you have strong defenses and the prosecution has a weak case, is not a guarantee of an acquittal. Going to trial is a risky affair. A DUI defense attorney can advise you accordingly and help you make the right decision.
What Are Some of the Possible Defenses in a Kentucky DUI Case?
Depending on your case’s specifics, there might be several defenses you can raise. Below are some of the possible defenses in a Kentucky DUI Case.
- Defenses to poor field sobriety test results
- Legal defenses, such as arguing that the stop was unlawful
- Medical defenses
- Defenses to inaccurate breathalyzer test results
A DUI defense attorney will be familiar with many other possible defenses to your DUI charges and can help you determine which defenses you can use in your case.
Contact a London DUI Attorney
If you’re facing DUI charges in Kentucky and need legal help, contact our London DUI attorneys at Cessna & George Law Firm at 606-770-5400.
Source:
drive.ky.gov/driver-licensing/Pages/DUI-Laws.aspx