It does not happen very often, but in New York a woman charged with DWI had her charges dismissed and she was vindicated by a judge. The woman’s case was dismissed after the court heard evidence on a rare syndrome that causes a person to create their own alcohol. Cases such as these are becoming a more common defense to DWI charges and revealing the holes in prosecutor’s cases.
The woman’s disease is known as auto-brewery syndrome. This syndrome is rare, but it causes a person’s body to slowly convert ordinary food to alcohol and therefore cause the person to suffer inebriation. This is not the first time that a defense like this has been raised, and experts say that it is becoming more and more common.
Of course courts will not easily accept this kind of defense. It is known that this type syndrome is rare, so before it can be effectively used in court the defendant must show through medical evidence that the person suffers from the malady. The ability to prove such a case requires a defense team with experience and ability in court.
Defending DWI Charges
This story is one example of a way to defend DWI charges, but there are many other ways that a person can defend a case. In our country we have the benefit of a system where the defendant is presumed innocent until the state can prove guilt. This means that the burden is on the state, police, and prosecution to make their case. In addition, the defendant is given the added benefit of legal counsel during any criminal proceeding.
Sufficiency of Evidence
One common but effective way to defeat DWI charges is to argue that the prosecution’s evidence is not sufficient to sustain a conviction. In addition to a defendant’s presumption of innocence, a defendant benefits from the fact that the prosecution must prove every element of their case beyond a reasonable doubt.
Reasonable doubt is a legal term of art, but it is a great tool for the defense of any DWI case. Once a DWI case goes to trial the prosecution is charged with presenting their evidence to a jury or judge. During the course of trial, a good defense attorney will point out why the evidence presented does not mean what the prosecution says it means, and why there are various areas of reasonable doubt.
Not every case will follow the same defense pattern, but rest assured that no matter what your case seems like, there is a way to fight the charges. A good defense begins the moment the defense first makes contact with the prosecution and court. So whether your case should be resolved through pre-trial negotiations, or taken to trial, the most important factor will be what kind of a defense attorney you hire.
Dallas Area DWI Defense Firm
At the Wilder DWI Defense Firm our team of dedicated professionals works to ensure that every DWI case gets the professionalism and attention it needs. We work tirelessly to give you the best defense possible. If you have been charged with DWI in the Dallas area, contact us. We will put our resources and experience to work for you.