What Are Some Things To Know About A DUI Trial?
What Are The Most Important Things That People Should Know When It Comes To A DUI Trial?
You have always got to discuss what your options could be, either way, win the case, or lose the case. Then you have to go over the strengths and weaknesses of the evidence, breathalyzer, or no breathalyzer, field sobriety tests, or no field sobriety tests, if there were admissions made by the client where he said he had six beers over six hours or did he say he had not been drinking at all? You have to go over all your strengths and weaknesses in trying to make that determination. Hopefully, that is where you have an attorney who is experienced, who can really give you a proper valuation on the strengths and weaknesses of your case.
Going over and considering those strengths and weaknesses, what is the likely disposition but also covering what the unlikely disposition could be and how that could affect you. If you got something that someone is going to have just a catastrophic offense if they go to trial and lose and they have got a less palatable offer but something they can live with, if they do not go to trial, you have got to let them know and say, “Look, I know you don’t want to be on probation for reckless driving and have a probation officer hunting you down for two years, but you’ll keep your driver’s license.”
For example if someone had a prior twenty years ago, and now they have got a second DUI, they do not qualify for court supervision because you get it once in your life. So, you tell them, “Look, I understand it’s really going to be bad for you if you have to be on probation but you’ll keep your license.” However strong you think your case is, if you get a conviction, then they have to revoke yours for a year. The judge’s hands are tied, not even talking about the possible jail ramification; just talking about keeping your license, which is usually the first or second most important thing to them, “Am I going to keep my license,” and, “Am I going to jail?” Those are strong considerations. “Am I going to be able to keep driving so I can work?” That is because a lot of people work for a living and they need to drive to and from work.
You really have to balance all those considerations before you are telling someone whether or not it is a trial. The last thing you want is some brand new attorney does not know what he is doing saying, “Yes that sounds like you could try, let’s going.” But when a more experienced attorney is looking at it and says, “Well, wait a minute! That’s all good to be heard, but you better understand the possible ramifications if it does not go the way we want it.” There is no such thing as a sure thing on a trial, there just is not.
There have been cases where judges find people guilty that they never should have found guilty. Then there are cases of judges finding them not guilty when it seemed it was absolutely clear that they were guilty. Every case is unique. That is where you need to have an experienced attorney who has done a lot of these before under their belt. I can accurately weigh the possibilities and the possible ramifications, what is in the best interest of the client. In the end, you really have to lay it out to your client and say, “Look, this is what I would do but this is your choice. I can only give you guidance here. You’re the one paying me; you’re the one making a decision. It’s your life that’s going to be affected.”
It is recommended to get an opinion from another attorney. See if the first attorney is just blustering or if he really knows what he is talking about. A lot of people talk to the attorney and go, “Oh my God, these other people I talked to, and they had no idea. They weren’t covering this the same way; they weren’t talking about things like you do.” It is surprising there are a lot of people that will try and do DUI trials that really have no business doing a trial. There are a lot of people that just plead people and have never done a trial. These people will never have a trial, never ever. Even if they are afraid to or they have a trial experience, it is like a lot of bluster, a lot of talk, and a lot of puffing.
If you are looking for a DUI attorney, make sure this person has won on quite a number of cases in his past so he is not just talking, “Yes, I’m the best, I’m the best,” and they go out and lose every case. A lot of people will make that claim and they cannot back it up. Those are some important considerations for someone that’s trying to figure out the right attorney for a DUI case.
Read about some of the Things to Know about a DUI Trial, or 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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