how a criminal attorney will help me win my dui case

The primary way a lawyer helps the driver suspected of a DUI is through avoiding conviction. This could happen through a trial case with a judge or jury panel. However, the usual route is through a plea bargain of some form.

Full Answer

How can a lawyer help a driver suspected of DUI?

How a DUI Lawyer Can Protect Your Future: Defending yourself against a DUI charge without the legal guidance of a lawyer may save you in lawyer’s fees, but without years of experience dealing with the criminal justice system, you will likely receive a hefty fine. Depending on the details of your case and whether this is your first DUI charge, your fines could surpass $10,000.

What do the best criminal defense attorneys do?

Avoiding Conviction. The primary way a lawyer helps the driver suspected of a DUI is through avoiding conviction. This could happen through a trial case with a judge or jury panel. However, the usual route is through a plea bargain of some form.

Do I need a lawyer for a driving under the influence?

Your best chance at winning a DUI case is always going to be getting a good criminal defense attorney on your side. They will be your best hopes at a win. Driving under the influence evidence is often unreliable. After your DUI arrest, your attorney will be able to examine the evidence and help you build a DUI case defense.

What is the best defense for a DUI?

What is the best case scenario for a DUI?

How can I get my DUI case dismissed in California?

Can you avoid jail time for first DUI?

Can a first-time misdemeanor be dismissed?

How do you beat a DUI case in California?

How much is a DUI 2021 California?

How long is DUI case open in California?

HOW CAN A CRIMINAL LAWYER WIN MY CASE?

It is not always immediately apparent what the best defence will be. When a client first comes in to see me they usually only have the very start of the paperwork they will ultimately be given.

WHAT IS CROWN DISCLOSURE?

Once we are hired, our office requests the Crown disclosure. This is the evidence that the Crown Attorney will use to prosecute.

DOES MY MATTER HAVE TO GO TO TRIAL FOR ME TO WIN?

Very often, especially where a breach can be made out through the Crown’s own evidence or police station or breath testing video, negotiations can be fruitful.

WHAT SHOULD I DO?

If you are facing a drinking and driving charge, it is vital that you retain a DUI lawyer as early as possible. Statistically an accused person will get a better result when they have met with a lawyer right away, so their side of the story can be explained and preparation commenced.

What happens if you are found guilty of a DUI?

Finally, if you are found guilty of the DUI-DWI offense, attendance of the DUI-DWI school typically will be part of your sentence. If you have already successfully completed the school that is one less thing you have to do when the case is resolved in court.

What is docket call?

A docket call or calendar call is an administrative discussion between the judge and all parties regarding the scheduling of trials and pre-trial hearings.

Strategy Number 1: Trial

I set the case for trial and proceed once all of the discovery is obtained. A trial can be in front of a judge or a jury. It may seem that a jury with 12 individuals gives a person a better opportunity of being found not guilty. Nevertheless, I prefer a bench trial, which is a trial before a judge.

Strategy Number 2: Pre-trial Motion

Filing pre-trial motions and (if applicable) a Petition to Rescind allows an attorney to show the court before a trial is scheduled that the case should not be allowed to proceed to trial. Having a hearing on a pre-trial motion gives me a chance to test the prosecutor’s evidence and gather valuable prosecution witness testimony before a trial.

Strategy Number 3: Mitigation

Mitigation is the process of explaining to the prosecutor or the supervisior to the prosecutor that you deserve a break because of your previous good acts and behavior.

Will the prosecutor dismiss the case after they review the evidence and video?

No. A prosecutor has no problem presenting a case at trial that is worthless. A prosecutor would rather lose a case than agree to dismiss it.

Can I have the DUI charge reduced to reckless driving or something else?

Reducing a DUI to a reckless driving is possible. However, this is only an option if the prosecutor thinks they might lose the case. In other words, you have a great case and will likely win, so they will make you an offer so they still get you to plead guilty.

How can I win?

You simply need to hire a very good attorney to fight for you. There are no shortcuts, favors, or sympathy. Only a very good attorney with experience and a desire to fight on your behalf will win your case.

How A DUI Lawyer Can Help You

First of all, you need to understand that you aren’t alone. Some 1,500,000 people are arrested in the United States each year for driving under the influence.

1. A DUI Lawyer Knows the System

You’re not going to deny that you were driving under the influence, but there may have been issues surrounding your arrest that can affect your sentence.

2. Your Attorney Might Know the Officer

It’s unfortunate, but some officers of the law do not uphold the law as much as others do. Your DUI attorney will likely be acquainted with the officers in your jurisdiction.

3. A DUI Attorney Will Look at Your Past

Is this your first offense? If so, you’re in luck. Your attorney will be able to argue on your behalf. After all, your having driven while intoxicated was likely a one-time mistake — and one that you’ll never repeat!

4. If You Do Have a Record

On the other hand, this might not be your first offense. If you have other arrests or incarcerations on your record, facing a DUI charge can be pretty scary.

5. Your Attorney Can Be a Friend

If you’ve been arrested for a DUI, you might feel all alone. Your friends could be angry at you, your family might not want to talk to you, and it may feel as though you are friendless.

Have You Been Arrested?

We are confident, committed, and trusted. We know you’re not a bad person — just a person who has made a mistake and who needs help correcting that mistake.

What happens if you are arrested for DUI?

When you are arrested for DUI, the police notify the DMV which immediately starts a process to suspend your license. This is known as Admin Per Se license suspension (APS). This is not a criminal process, but an administrative one. This means they do not wait until you receive a verdict in your court case.

Is a DMV hearing separate from a DUI?

In California, the DMV hearing is completely separate from your DUI charge. The two can affect each other, but winning your DMV hearing will not in and of itself help you win at court.

How does the DMV work in California?

How the DMV Process Works in a California DUI Case. When you are arrested for DUI, the police notify the DMV which immediately starts a process to suspend your license. This is known as Admin Per Se license suspension (APS). This is not a criminal process, but an administrative one.

Can you be found innocent at the DMV?

No, because the DMV doesn’t find anyone “innocent” or “guilty.” They will never make a determination as to whether you did or did not drive drunk. That is not the purpose of a DMV hearing.

Does the DMV suspend licenses?

Instead, the DMV is only interested in whether there is reasonable evidence that you might have driven under the influence. They proactively suspend licenses in any case where it seems like the arrest was valid. Everything else is up to the courts.