Saturday, November 19, 2011

You can Win a DUI Case

DUI cases in the Oakland/San Francisco Bay Area are won by good professional lawyers for their clients. There several ways to do this.
One way is going to trial and winning, but even the best DUI case has only a 50/50 chance because you never who will be sitting in the jury. Despite what they say when being picked for the jury, most people lie by saying they will be fair and listen to both sides, but in reality, they think they are suppose to convict the defendant just because he or she was drinking.
Another way to help your client is to negotiate the case with the District Attorney. But this should be done only after the lawyer has all the facts in the case and has been to the scene of the arrest. You would be surprised at how many attorneys don't have any argument for the District Attorney and without all of the evidence just take whatever offer is given to them. That is not a help to the client. If you have a bad case, and there is nothing in your case that help you in negotiation, you may be stuck, but usually there is something that can be advanced on behalf of your client and lower the jail time; fines are generally set.
Additionally, in many cases, the lawyer should do a Motion to Suppress (MTS) evidence. Most lawyers don't like having to do this because it is time consuming to write the motion, and next respond the District Attorney's reply and that is before you do the motion. Then many times the police officer may not be available and you lose a half a day and have to do it again. This isn't traffic court, so if the officer doesn't show up, the case is not won, it is continued to another date. And to add to that burden, many judges don't like these time consuming motions, which are rarely won because the burden on the District Attorney is so low, that they give the lawyer a lot of grief, and the lawyers feel uncomfortable, so they just don't do them. That is wrong; they should be done in almost every case. Even the blood cases that most lawyers are afraid of because blood is suppose to be the Gold Standard of alcohol testing can have errors. And, in a MTS hearing there are Constitutional Rights that you are entitled to. In fact, in Oakland, California, this week, I just had the Judge rule that my motion was only granted to suppress the PAS test and the Blood test. Well, that is the whole case and all chemical evidence that has been knocked out of the case. In other words, if the District Attorney wants to go to trial, they have no chemical evidence, so my client has just won his case without going to trial. Your lawyer can't be afraid of some bruises because this is a fight, and you can win.
For more information on protecting yourself from the time you get stopped until you can get a lawyer, go to my website at www.duioffice.com. And get a lawyer who can show you or tells you without asking during your interview that he or she does Motions to Suppress, and good luck. Donald Drewry Attorney-at-Law serving the entire Oakland/San Francisco Bay Area.

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