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Smartphone app may benefit defense of a DUI charge

When defending a DUI charge in a California court, the burden of proof is on the prosecution. In other words, the prosecution must prove beyond a reasonable doubt that the accused person is guilty of the crime for which he or she is charged. The legality of the procedures used by officials at the initial traffic stop typically forms an integral part of the defense of a DUI charge.

It was recently announced that California motorists may be able to download a Smartphone app that will assist in the defense of those accused of drunk driving. The developers of the app reported that it is already available in six other states. They are currently collaborating with legal professionals in California to prepare the app for download in California toward the end of summer.

By pushing one button, the app will be activated to record all conversations that take place during the arrest. Furthermore, a call to the user's attorney can also be initiated by pushing a button. It is not uncommon for motorists to forget details about the arrest that may seem insignificant at the time, but those details could be vital for their defense.

Although a conviction on a DUI charge can adversely affect the life of the accused person, experienced California DUI defense attorneys know how evidence can be challenged. An attorney may be able to utilize the added evidence obtained through the app at the time of the arrest to build a winning defense against the DUI charges. Evidence presented by the prosecutors may be challenged, and this may result in charges being dismissed, reduced or the accused being acquitted if the case goes to trial.

Source: CBS San Francisco, "No-Nonsense DUI Smartphone App Calls Attorney, Records Arrest", May 25, 2015

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