When preparing to fight a DUI charge, remember that you are presumed innocent and you have a right to question any evidence, testimony, test results, or assumptions that is presented by the prosecution against you.  This article will address some of the areas of the prosecution’s case against you that may be susceptible to attach.  This isn’t an all-inclusive list, but it will give you a good start in developing a strategy to identify reasonable doubt and win your DUI case.

1. The Stop.  In order to pull you over, and officer must have reasonable suspicion that you are violating the law.  If the officer pulls you over based on your race or just a “hunch,” then you can file a Motion to Suppress.  In a nutshell, a Motion to Suppress is where you argue that the stop itself violated your Constitutional rights, and therefore the evidence against you should be thrown out.  Police officers are trained to document facts that lead to reasonable suspicion in their reports, so a Motion to Suppress is often an uphill battle, but sometimes officers make mistakes.  It’s worth looking at the stop because if you win on the Motion, that typically means victory on the whole DUI case.

1. Challenge the BAC.  If your breath or blood tests show a blood alcohol level of .08 or higher, you will need to find a way to call into question the results of these tests.

• Rising Blood Alcohol Defense – The key point here is that the .08 level has to be at the time you were driving.  The theory of this defense is that alcohol takes time to absorb into the blood stream.  The results of a breath or blood test could be higher during the test than during the operation of the vehicle, based on a variety of factors:
  • How much food has the person eaten?  (Food tends to slow down absorption)
  • Is the driver male or female? (A woman’s BAC may rise higher than a man’s)

• Medical Problem Defense.  The key point here is whether you have a medical problem that would render the results inaccurate.

• Do you have a medical condition such as asthma or emphysema that affects your lung capacity and ability to blow into a machine?

• Question the reliability of the testing procedures.

• Was the testing device calibrated and tested?

• Was the person giving the test trained on the device?

• How many times did you “blow” and were the results consistent or varied from each other?

• Were you observed prior to the DUI?

• Eating, drinking, smoking, vomiting, burping, etc. can all impact test results.

 

1. Fight the Officer’s Observations and Field Sobriety Tests.

• Speech impediment or Injury.  Do you have a speech impediment or other condition that could account for an officer’s observation of slurred speech?  Do you have a health condition that would prevent you from understanding or complying with the tests?

• Weather conditions.  Was there wind, rain, snow, etc. that could have affected your ability to hear the officer’s instructions and comply with them?

• Look at the National Highway Traffic Administration’s procedures to see whether the tests were administered properly.  If the officer did not properly conduct the tests, or if correct instructions were not given, then you can question the reliability of the conclusions drawn from the tests.

Your defense will be as specific as your facts, as each DUI case is unique, but this guide will assist you in finding and taking advantage of the weaknesses in the prosecution’s case against you.

If you are facing criminal charges, you may be looking at your bills and wondering if you can afford an attorney or if it’s worth hiring one.  A criminal conviction can come with a heavy financial impact, which can include fines imposed by the court, fees for counseling or treatment, the burden of lost wages if jail time is involved, and higher auto insurance costs if the offense was driving under the influence of alcohol or drugs.  This article cites studies and surveys for the proposition that

• Attorney vs. Self-Representation – In a famous case, Gideon v. Wainwright, Justice Black reasoned:  “fair trials before impartial tribunals  in which ever defendant stands equal before the law . . . cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”  This quote emphasizes the importance of an attorney in a criminal case.

 

Survey Responses Show Better Outcomes with an Attorney than Pro Se

• Respondents in a survey published at the site below indicated a high DUI conviction rate for defendants who represented themselves.  See  http://criminal.lawyers.com/dui-dwi/does-using-a-dui-lawyer-give-you-a-better-outcome.html

• Private Attorneys vs. Public Defenders – If you at an income level to qualify for a public defender, but you have family or others who are willing to contribute to you defense, you may be wondering if a private attorney would be more effective in representing you.  According to at least a few studies, the answer to that question is yes, private attorneys — statistically speaking – obtain much better outcomes for their clients than public defenders.

 

Studies Show Better Outcomes with Private Attorneys

• “Results indicate that defendants with public defenders are more likely to be detained pretrial, more likely to be convicted, and less likely to have their cases dismissed.”

(Excerpt from a study published in the Journal of Criminal Justice, a summary of which can be found here, http://www.sciencedirect.com/science/article/pii/S0047235213000366)

• “…studies suggest that having appointed counsel negatively affects case outcomes, such as conviction and sentencing, in that those with appointed counsel are more likely to be convicted and/or sentenced to longer incarceration terms.”

(Excerpt from a study about the effect of attorney type on bail hearings, which can be found at http://journals.sagepub.com/doi/abs/10.1177/0887403414562603)

• See also, “Charts:  Why You Are In Trouble if You Can’t Afford a Criminal Lawyer,” which can be found at http://www.motherjones.com/politics/2013/05/public-defenders-gideon-supreme-court-charts

• Other Considerations –There are many other considerations that you will need to weigh to decide whether to hire an attorney, whether to request a public defender, or whether to represent yourself.  A safe approach to take is to at least consult with an attorney initially, and then to decide the best course of action from there.  Some factors you might consider include:

 

• How serious is the offense?
• Am I innocent?
• Would I prefer to go to trial, or would I be more comfortable with a plea deal?
• What will be the financial burden of a guilty plea or conviction?
• What resources, side income, or family to help defray the cost of an attorney?

The decision about whether to seek representation is a very important one, and your selection of an attorney is also critical to your success, and this resource can help you think through some of the initial steps of preparing your criminal defense.

Identifying high-end and low-end products is easy, but how do you separate a good attorney from one that isn’t as skilled?  How do you find someone excellent, when you aren’t familiar with the legal system?  Even though you likely haven’t had a chance to observe your potential attorney in a courtroom or in a negotiation, you can look for personal qualities and ask candidates you are considering about their expertise in these areas:  

 

• Connections

 

Connections are extremely important, and you can ask your attorney about his or her professional contacts.  For example, if you case is criminal, you may benefit from an attorney who knows the prosecutor and who has appeared in front of your judge before.  Although those connections may not directly impact the outcome, as both prosecutor and judge are under obligation to be impartial, a personal relationship and experience with those people can help your attorney know the best approach and arguments to make to be compelling to those individuals.  Similarly, in a civil case, your attorney may be able to negotiate more effectively for you if he or she has a good professional relationship with the attorney on the other side.

 

• Experience

 

With the exception of patent law, attorneys don’t get a license to practice in a specific area.  Their state license entitles them to practice any type of law.  Because they aren’t segregated into specialties by licensure, the differentiator between different types of attorneys when it comes to specialties is experience. An attorney who is fresh out of law school may have a lot of enthusiasm, but often you will be better served by someone who has practiced for many years.  You can’t underestimate the knowledge that can only be derived from years of doing something.

 

• Research Abilities

 

Research skills are a hallmark of great attorneys.  Find someone who exhibits a genuine interest in all the aspects of your case.  You need someone who will listen and take careful notes as you explain the facts.  A good attorney will look to all the sources of information, whether that includes other witnesses, documents, emails, etc.  You will want someone who will have the tools and know-how to research any legal questions.  Most of all, you’ll want someone who can listen carefully and ask the right questions to fully vet your case.

 

• Organizational Skills

 

You may be surprised to discover that organization skills are one of the most important attributes for an attorney to have, but planning and calendaring are actually essential.  Courts have specific hearing dates and deadlines which must be observed, so you will want someone who has a system to keep track of these dates and who will not procrastinate working on meeting those deadlines.  Some attorneys will request information from their clients at the last minute, which can be problematic.  In some cases, you will be providing your attorney with a variety of types of information and documents, and you need an attorney who is capable of organizing this disparate information into a cohesive defense.

 

• Communication

 

An excellent attorney will be a great communicator.  He or she will be your mouthpiece to a judge, jury, or opposing party.  Your attorney will be the one to help create and tell your story.  You need someone who not only represents you well to others, but who also takes the time to communicate with you as often and as needed.  A common problem that crops up between attorneys and their clients is a breakdown in communication, so make sure you and your attorney speak up front about expectations on both sides for calls and emails and also the cost that will be anticipated with that level of communication.

If you look for an attorney with connections, experience, research abilities, organizational skills, and communication talents, you will likely be in good hands.

http://www.davidknechtlaw.com/775-2/

Your decision about who will represent you is one of the most important choices you will make for either a civil or a criminal case.  As you evaluate who will be the best attorney for you, you’ll likely consider important factors, such as each attorney’s reputation and experience as well recommendations from friends.  You will want to be sure when you consult as you weigh your options, and meet with potential counsel, you watch out for these misconceptions:

1. False:  The truth doesn’t matter.

In some cases, a defendant may not choose to testify, but that doesn’t mean that the truth doesn’t matter.  What really happened is often essential information for your attorney to know in your case, particularly if you are facing criminal charges.  Often the best way for your attorney to assist you is for you to be forthcoming with him or her about  everything that was said and done not just on the day in question, but also leading up to and after the event that is in issue.  With that knowledge, you attorney can more effectively prepare your case strategy and anticipate the actions of the opposing party.

1. False: You don’t need to make decisions about your case.

Your attorney’s role is to guide, assist, educate, defend and help you, but the role of the attorney is not necessarily to make all the decisions for you.  You will initially know the facts better than anyone, because you experienced them first hand.  You will ultimately be the person to pay the price of any result, whether that relates to your finances or your freedom. You should certainly listen to everything your attorney tells you with careful consideration, but don’t be afraid to ask a question or share an opinion.  A good attorney will be willing to help you weigh all the options and will let you make the best decision for you.

1. False:  You should be as unfair and uncooperative as possible with your opponent.

There are times to fight, there are times to negotiate, and there are times to cooperate. The best attorneys utilize all the tools at their disposal, and will advise you on the best tactic to achieve your desired outcome.  Don’t just assume that an aggressive approach from your counsel is always the best approach.  Avoid attorneys who only know how to fight.  A skillful negotiator can be a very powerful advocate for you, so don’t buy into the common misperception that an attorney’s only role is to fight hard for you.   

You have many good options to choose from when it comes to finding an attorney, but with these tips you will have extra tools to sort the good from the bad and make a great choice.

Driving under the influence is a strict liability offence, this means that the District Attorney does not need to prove that you acted with a culpable mental state. A culpable mental state is the intention you had while driving under the influence; it does not matter if you intended to commit the crime in question or not.

4 FACTS that Can Help Your DUI Case

• There must be at least reasonable suspicion for the traffic stop.

An officer needs reasonable suspicion for the traffic stop.  If the officer can’t provide testimony about objective facts that arise to the level of reasonable suspicion, then the evidence of the DUI after the stop can be excluded. Typically, a traffic infraction, such as speeding, is fairly easy for the officer to support, and the officer will be well-trained on how to provide such facts.  However, it is important to know that if an officer mentions a factor such as race or a “gut-feeling” as to reasons for a stop, those are not objective facts that can support reasonable suspicion.  

• You can challenge the officer’s conclusions.  

An officer’s testimony about your performance on the field sobriety tests can rebutted or discredited.  For example, an officer’s testimony about performance on field sobriety tests can be undermined for a variety of reasons specific to your case:  If  ground wasn’t level, if the place that the tests were being administered as poorly lit or unsafe.  You can ask the officer about each aspect of every test to question whether the test administered properly.  You can suggest other reasons for adverse results, such as health conditions of the driver or other innocent reasons that could impair ability to balance, etc.

• You can challenge the breathalyzer results

Another factor that people overlook in a DUI case is the breathalyzer test results. If a police officer has reasonable suspicion he or she can ask you to take a sobriety test.  First, you have every right to refuse to take the test, but this will result in an immediate suspension of your license.  You can question whether the machine was calibrated and maintained properly by requesting and examining those records. You can scrutinize the tester’s qualifications and whether the proper steps were taken in administering the tests.  Don’t just assume that the breathalyzer results are impeachable without first looking at the records and the steps involved.

• Involuntary consumption is not illegal

If by any chance your consumption was not voluntary then that could provide the basis for a defense. For example, if you were handed a drink that you thought was soda pop, but was actually vodka then you can use this as a defense! It is a rare case where an involuntary consumption situation will have occurred, but if that is your circumstance then that should certainly be considered.  Keep in mind that your  driving skills could be impaired due to other influences, such as prescription medicine, which can also be used as a defense.

If you find yourself in turmoil with a DUI case, keep the above facts in perspective and equip yourself with a competent DUI attorney.

Sources

http://duiwise.com/how-to-beat-a-dui/#field-sobriety-tests

http://dui.findlaw.com/dui-charges/elements-of-a-dui-offense.html

Whether you are facing charges or pressing them, you need a good lawyer by your side to help you navigate the legal proceedings. If things are not going well at court, you may have hired the wrong lawyer. Here are five signs that indicate that you might need to find new legal representation.

1. They Do Not Pick Up The Phone

An attorney who doesn’t answer your phone calls or emails is simply not paying attention. Frankly speaking, if getting ahold of your attorney is getting increasingly difficult, this indicates that your case is not at the top of your attorney’s priority list, or that he/she is avoiding you as he/she is uncertain how to handle your case. They might also be avoiding you because they are busy with a more lucrative case. If your attorney is in court or preparing for trial, you may not get a call back right away. But your attorney should get back to you as soon as possible.

2. They Are Usually Late

“Justice delayed is justice denied.” This is a common slogan competent lawyer’s live by. If your lawyer is missing court deadlines, this will damage your case, and by the time your case is decided, it might be too late. The legal system takes time to reach a verdict as the judge has to consider each and every aspect of the case to ensure that everyone’s rights are upheld. If your lawyer misses deadlines or hearings, your case will be decided in a much longer time span. This will also increase your over all litigation costs.

3. They Are Difficult To Work With

If your lawyer is difficult to work with due to his attitude, this is a major red flag, as your case depends on how well you communicate your situation to your attorney. If your attorney uses a condescending tone, you need to find new legal representation.

4. You Can’t Get In Touch With Any of Their Previous Clients

If your attorney refuses or avoids providing you with a valid reference, this indicates that his previous clients are not content with his work. A competent attorney will proactively provide you with multiple references.  Ask people if they have ever heard about your attorney, as this will give you an idea about his or her reputation. Also check your attorney’s website and if you can’t find any client reviews, you should start worrying. You should also Google them and try to see what people are saying about them online.  

5. Their Promises Are Too Good To Be True

If your attorney keeps promising you that the success of your case is inevitable, beware. Professional lawyers always tell their clients how they are going to get the job done, but at the same time they will inform their clients that due to the complexity of the legal system, promising an outcome will be unethical.

Sure, every attorney goes to law school and passes the bar, but what separates an average attorney from a great attorney, and how can you be sure if you have a great attorney? Here are four ways to know you have picked the right attorney in Vacaville.

Speaking and Listening Skills

A great lawyer needs to be able to communicate effectively with a wide variety of people including: judges, police officers, bankers, accountants, other attorneys, and a host of others. 

However, the most important people person for your attorney to communicate effectively with is you. A sign that you have a great attorney is feeling comfortable enough to share everything necessary to your case with them. In addition to sharing on your side, a great attorney will always have complete openness with you and let you know about best case and worst case scenarios for your situation as well as current and evolving strategies.

Good Negotiation Skills

A great lawyer will be a master of negotiation. In addition to arguing your case before a judge either in or out of court, your lawyer will also be negotiating on your behalf. This negotiation can be just as important to your case as evidence for or against you. While the evidence presented may or may not be in your favor, a great attorney can negotiate a jail sentence to probation, or probation to community service in a criminal case, a favorable resolution in your trust litigation case, or a fair division of assets in a divorce case.

Investigation and Research Skill

An attorney may not be a full-time investigator, but he or she will most definitely do their own research and investigation into your case and similar cases to decide on the best strategy to get the best possible outcome. This could include looking into inconsistencies with drug test results for DUI or drug related cases, or discovering secret accounts that your spouse had been hiding during your divorce. Great investigation skills make for great results throughout your case and could mean the difference between jail time and a dismissal or thousands of dollars in spousal or child support.  

Results

A great way to be sure you have a great attorney is to do your own research into their firm and see if they have had success in cases similar to your own. This will also help you realize you are hiring a great attorney by showing you how they have helped clients get charges dropped, cases dismissed, restraining orders granted, and custody awarded, for example. While each case is different, and your results will depend on the facts of your individual case, your attorney should be prepared to fight for the best possible results. 

While no two cases are identical, knowing your lawyer’s previous success rates, being able to comfortably communicate with them and knowing their background and legal skills will give you great peace of mind throughout the duration of your case.

Preparing for your first day in court can be emotionally agonizing and exhausting. However, with all the preparation and planning you’ve done with your legal counsel, you may still feel apprehensive, nervous and completely unprepared in the several days or weeks leading up to your first day in court. To ease the burden and give you peace of mind, here are several things to consider before you step into the courtroom.

Understand how the law falls in your favor

Even if you are facing criminal charges, there are many circumstances where the law can actually help your case and may even lead to an acquittal instead of a conviction. Circumstances following your arrest, such as improper police conduct, evidence tampering, or even things as simple as not having been read your rights can mean that the legal system has failed you. Because of these simple failures, the judicial system will then fall in your favor.  Especially in the days leading up to your trial, go over your case once more with your lawyer, being sure not to leave out even the smallest detail. A detail you didn’t think was important could get your case thrown out.

Know your case from every angle

While your lawyer may have walked you through every step of your argument, you may have found yourself doodling or daydreaming during the part where he mentioned the opposing counsel’s arguments. However, in the days leading up to your court date, be sure to sit down with your lawyer to provide an in depth look at the other side of your case. What information or evidence does the opposition have that can hurt our case? What questions will they ask? What questions will we ask in return? These are just a few of the things to be aware of before your step foot in the court room.

No two cases are the same

Even if your best friend, neighbor or brother has been involved in a similar court case, there is certainly no guarantee that you will have the same experience or a similar outcome. Each case is so different because each state has different laws and procedures, to say nothing of the different judges and lawyers that will be in your courtroom. Judges and juries are human, and they have good and bad days like everyone else. While you can’t control their mood during the trial, you can prepare yourself for every kind of scenario. Your lawyer will inform you of the judge assigned to your case and can research past cases the judge has presided over to give you an idea of his previous verdicts in cases similar to yours so you can both plan accordingly.

Whether you’re facing a criminal charge or are fighting for custody of your children, following these steps can help you be confident, educated, and prepared for your first day in court and give you the best chances for success throughout the proceedings.