Test Proof

The Importance of "Burden of Proof"

The burden of proof rests with the prosecution in the majority of OUI, operating under the influence of drugs/alcohol, in the state of Maine. This is extremely important in any case that has little in the way of proof, because it may give your attorney a great opportunity to secure your release and/or acquittal. However, you may not understand the real importance of the burden of proof in your case, so here is some information to help explain the fundamentals.

Definition

Having the burden of proof in any case means that the side with the burden of proof has the responsibility to prove to the court that the charges they have brought are true and enforceable. In an OUI case, it is the prosecution's sole responsibility to prove that the defendant did what they are charged with, and the defense must only dispute what the prosecution presents whenever and however possible.

Therefore, the definition of the burden of proof, according to the professionals at www.wikipedia.com, is: "the obligation of a party on one side of a dispute or issue to provide sufficient evidence in support of their position."

However, keep in mind that the burden of proof on a criminal case is proof beyond a reasonable doubt. That is a very high standard and one which the prosecution may not be able to meet.

How It Applies

There are two basic burdens of proof that can be brought into play during a trial. The first is philosophic burden of proof, which has more to do with who should have the burden and offers very little application for an OUI case at best. The second, more important, form applies to OUI cases, known as the legal burden of proof. This means that the party with the burden of proof must use evidentiary means, such as eyewitness testimony or blood test results, in order to achieve a conviction.

If the prosecution cannot satisfy the burden of proof, then the jury has no choice but to acquit, or set free, the defendant in a given case. The jury must be able to decide unanimously that a person committed the crime that they are charged with. However, keep in mind that very few OUI cases actually go before a jury because of the plea bargaining process. That means that your attorney may be able to negotiate a favorable outcome for you in the case that doesn't equal a conviction for OUI.

Admissible Evidence

In order to prove their case, the prosecution must present admissible evidence to support the OUI claim, whether to a judge or jury. Although each judge has the right to decide what is acceptable and what is not ultimately, there are a few forms of evidence that are generally admissible in the state of Maine.

Certificates or official documents showing the results of blood alcohol concentration, BAC, are admissible, as long as the test was conducted by someone licensed or trained in that particular test. Most courts will not admit preliminary breath test (PBT) results.

This information is provided solely for informational purposes and does not constitute legal advice.

About the Author

William Bly of The Law Office of William T. Bly is a criminal defense attorney who spends part of his practice on OUI-related issues, like DUI defense. To read more, visit online.

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