Criminal defense attorneys exist not only to provide for the constitutional right of a proper defense against legitimate charges in a court of law, but also to defend the accused against outlandish miscarriages of justice within our legal system. We all know the system is flawed and quite unfair at times, but the greatest atrocity is when the truly innocent – where exonerating evidence is present – are still prosecuted by our courts. And this is exactly what was reported by Fox 19 News briefly this week.

The gist of the situation is that a woman was arrested and, despite hospital tests proving she had no drugs or alcohol in her system, she was still being charged with a DWI. While this may have changed, given the fact that the story is no longer available, the mere idea of such an event is difficult to fathom. There are two major types of evidence in any legal case: real evidence and circumstantial evidence. In a DWI case, real evidence is of the utmost importance. Without proof such as an over-the-limit BAC or other incriminating evidence, prosecution is nothing more than an egregious error. In cases such as this, we would hope that the court would practice some discretion and common sense, dismissing the case altogether.

Now, many people falsely believe circumstantial evidence boils down to wrong place, wrong time; meaning the prosecution has no case and is in fact, winging it in court based on hearsay and other intangible evidence. Circumstantial evidence is not irrefutable, but it can be overwhelming, often satisfying the burden of proof shouldered by the prosecution. Still, this is not always fair, and circumstantial evidence should be viewed in light of whatever real evidence exists. If there is no real evidence, it makes more sense for circumstantial evidence to at least leave some lingering questions, if not an air of reasonable doubt. Again, this does not always happen, and this situation can leave the accused feeling as if they are not getting a fair shake. In DWI/DUI cases, the stance should always be: “Prove it.”

If you feel that you are being railroaded and treated unfairly by the prosecution and court, you need a qualified, knowledgeable attorney on your side. It is never a good idea to walk into court facing any criminal charges without the assistance of solid legal counsel. An experienced attorney will know the laws of your jurisdiction and how to navigate through the legal process in order to best assist you in upholding your constitutional rights. If you have been charged with a DWI, DUI, or similar infraction, contact an experienced DWI Defense Attorney today. The Law Office of Nave DWI Defense Attorneys is here to help accused DWI offenders in New York, or you can contact a local experienced attorney to assist in your DWI or DUI case.