Can DUI Cases Be Won At Trial?
What Happens In Cases Where The Client Assumes That They Are Going To Trial And Fight The Charge?
Some people just assume that they can fight the DUI charge. They are determined to take their case to trial. That could be true in some cases. The attorney cannot tell you what kind of advice you are getting from people. If you have someone who has a prior DUI, for example if they had a prior DUI in Illinois and they got to court supervision, it is not a conviction on their first offense. On a second offense, even if it is twenty-five years later, you do not qualify for court supervision, which means you are going to get a conviction, which means you are going to get revoked in this state for an entire year with no breath device in your car. Meaning, you lose your license and it is revoked.
If you got a second time DUI and its refusal and all they are offering you is a conviction, then the case is probably going to go to trial because you have nothing to lose. They are backing you into a corner where you better come out swinging because otherwise you are just going to get stomped on. You are going to get a conviction. You have nothing to lose by going to trial except for pissing the judge off again. You would hope the judge would not be that way, but that is just a reality of how it is.
There will not be any attorney in the world who would want to do a trial they did not have to, especially in the case of a second DUI. It is a lot of extra work and time, why in the word would you want to do something like that if it was not necessary? Why would you waste your time doing a trial if the guy can get court supervision that is clear to you that he is guilty, that is something else.
Especially in these days, a very big percentage of the police cars have video cameras on them, so those pictures are worth a thousand words. A lot of times, those videos make it very convincing either way, for the defense or for the prosecution as to whether or not you are clearly impaired. There was a case where a guy was charged with the DUI, he refused and on the video, the officer said, “Well, you’re all over the road, you’re swerving, and you were not in your lane.” It was very clear in the video that he never left his lane, he never went over the line ever and that actually got tossed on the motion to suppress to quash the arrest. However, it is still going to come up as to whether the officer’s credibility was substantiated. The officer can just say, “Hey, this is my testimony. I wasn’t drinking, believe me.” Well, now you got a camera and you can see if they are embellishing. Cops embellish all the time so they make it sound a lot worse than it was. They plug-in the standard words which they put in every DUI: bloodshot eyes, slurred speech, slow movement, took a long time getting his license out and so on.
The thing to know is first of all, how you know if the person’s speech normally sounds like if you have never talked to them before. How could you say if it is slurred or not? It can be that the guy talks slow, maybe he has got an accent from another country there are a bunch of different factors. You do not always want to just have something where the officer says that and you base it on believing him or not. It is so much nicer to have a video especially with some audio in it so you can see the person slurring the words, so you can see if he is truly staggering around or if he is just standing there. These videos are great.
If you want to know If DUI Cases Can Be Won at Trial or not, call the law office of Barry Boches & Associates for a FREE Initial Consultation at (847) 244-4636 and get the information and legal answers you’re seeking.
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