| A good lawyer can do everything possible to protect you, fight for you, and minimize the impact of this case on you in all areas of your life. You should at least consult with an experienced criminal defense lawyer, someone that has experience representing people accused of drunk driving or DUI. Drunk Driving defenses can be extremely complex and require extensive knowledge of chemical scientific testing, field sobriety testing, and DUI police procedures. The police often make mistakes in conducting their investigation and in your arrest, but it's the complex nature of DUI cases that lead to defenses. Only a lawyer experienced in this area will know how to make the complex nature of a DUI case into drunk driving defenses, and more important, what to do about it.
You shouldn't believe that a conviction will always happen, because you can win. Drunk driving cases are complicated, but not impossible to win. Because DUI cases are criminal defense matters, you need an attorney familiar with criminal law, and your rights under the Constitution. First, an attorney must review whether the police had a right to stop you under the Fourth Amendment to the US Constitution, and California Law. Next, the police must prove that they had probable cause to believe that you were operating under the influence of alcohol, or drugs. Finally, they have to prove that the breathalyzer was in proper working order, maintained and calibrated according to law, that the test was given by a properly trained officer, and that you took two tests within 15 minutes of each other, that were within .01 of each other, and were within 3 hours of your driving. As you can see, this is complicated - which means that you can win. An attorney with experience will leave no stone unturned and do a full factual and legal review of each of your defenses. Contrast that to just pleading guilty, which can happen very quickly, the effects on your life from having a criminal conviction, having your license suspended, and suffering classes, insurance increases, and other costs, will continue for years, sometimes for life, and you will always wonder what would have happened had you hired a good attorney to protect you.
Getting the Best Attorney:
Finding and choosing a DUI lawyer in a California drunk driving case can be a difficult process. Consider that DUI defense is a technical and highly specialized field and ask the following questions:
- Does the lawyer handle drinking and driving cases?
- Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?
- Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.
- Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all inclusive? Do the fees cover such "extras" as the DMV license hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?
- Have there been any State Bar complaints or actions of discipline against the attorney? (You can check at the State Bar website)
- Is the lawyer a member of the National College for DUI Defense?
- Is he a member of the California DUI (Deuce) Defenders?
- Will the attorney, or the attorney's firm handle the case, or are you being sent to another firm for handling for a fee?
Public Defender:
A Public Defender is legally qualified to defend you, but you must qualify for their services. In order to receive the services of the Public Defender, you must fill out a form for the court which lists all your income and assets. The judge then evaluates your financial statement and decides if you are indigent, and should be appointed a Public Defender. If you earn income that is not WIC, welfare, or other government benefits, you may be required to get a private attorney.
There are also several potential disadvantages to using a Public Defender.
- Public Defenders typically have anywhere from 35 to 50 cases per day, so it is almost impossible to give the personal attention and counseling time that a private attorney does. As a result, your case cannot receiving the full attention you deserves.
- Because of the heavy caseload, there is an incentive for you "just to plead guilty", and get the case taken off their plate, and not deal with it.
- You cannot have the attorney show up for you if you have a public defender, because they want you in court at each appearance.
- You cannot choose the public defender you get, and you may get a different one every time you show up to court.
- In most courts, your Public Defender may never have even met or talked with you before you must appear in court together. If you have questions and concerns before your court date, you may not have the opportunity to get them answered.
- You may find a lack of experience. Misdemeanor cases, including DUI, are often used as a "training ground" for new lawyers, and many new Public Defenders get their first real court experience on your type of case.
- Public Defenders cannot represent you at the DMV. The law does not provide for a free, appointed lawyer at the DMV.
Even if you qualify, the judge can order you to pay back the entire value of the public defender services at the end of the case - hardly free. With the states and counties in a budget crisis, this is becoming more common.
Why should I hire your firm?
Here are five reasons:
- Experience: With over 15 years of combined experience, our firm has substantial trial experience and a commitment to providing premium DUI representation.
- Knowledge: We know the local courts, the judges, and the prosecutors, as well as the procedures, where your case is pending. We also regularly attend state and national meetings of other DUI defenders in order to share ideas and scientific knowledge. Put this expertise to work for you.
- Personalized Service: Our offices are staffed with legal professionals dedicated to serving our clients' legal needs. We take pride in knowing our clients personally and even make it a point to assist you with other problems related to your case. Since you're the most important person in our office, we listen carefully to what you have to say.
- Accessibility: You'll always be able to talk to an attorney in person, via phone, or through email. From your first call to the resolution of your case or jury verdict, you'll have an experienced attorney working on your file along with our experienced staff of legal professionals.
- Reasonable fees: We are not out to charge the highest fees we can. We listen to clients and other attorneys, and make our fees reasonable, so that you can obtain value from high qualify service at a more competetive price than most law firms at our skill level.
|
