Wednesday, April 30, 2014

A DUI WIN AND LESSON

This is an interesting business.  I always try to do my best and more for every client.  All I handle are Driving Under the Influence (DUI) cases.  Some days I am sick because good people get bashed and there is nothing I can do except take them to trial.  That is not always an option because not everyone can afford a trial; the cost of experts alone is staggering, and the best case is only a 50/50 chance because you never know who will be sitting on the jury and what hidden agenda that person may have.  Still we go to trial.  We lose and we Win.  For the most part we negotiate, this is called plea bargaining, and get the best deals possible.  There are times that the District Attorneys want to give more but are stopped by internal department possible.
  I just learned a lesson with plea bargains.  I had a client with a blood case that was .10.  Now on a breath case, the DA may reduce this case to a Wet Reckless.  Breath could be off by .02, so the .10 could be a .12 or .08.  The .08 is still illegal, but is reducible.  However, with blood, blood is the gold standard, so the DA does not like to reduce a blood case.  It happens, but they don't like it.  In a recent case, my client had that .10 blood.  I tried to get the DA to reduce the case, and was turned down twice.  I asked again because my client's job was at stake.  The best I could get was a reduction to a Wet Reckless.  I asked again to reduce to a Dry Reckless, and that was out of the question.  I tried to explain this to my client, but she could only see that her career was about to be ended.  It is improper for the DA to talk to your client while represented by an attorney.  While we did not waive all privileges, I talked the DA into speaking directly with my client for a few minutes.  They don't like to this, but the DA did.  And, the client was fantastic.  The heart felt terror of losing not just her job but a career was felt by the DA.  The client let the DA know she was wrong, but asked that the punishment not be so harsh.  She was a very well educated women who spoke well, and taught me a lesson.  Never stop trying.  This is not manner of defense that I would do in every case, but this was the case for it.  She helped me get her the a DRY RECKLESS, no alcohol charge with a very high penalty, more than the DUI would have been, but it saved her job.  And speaking of jobs, she did a great job.  The lesson, never give up until it is over.