The biggest challenge with a DUI with accident such as David’s case is the injuries and dealing with any victims in the case. If anybody is involved with a DUI and somebody is hurt, that is always going to change the playing field. Dealing with insurance issues, dealing with medical issues and making sure that any victims are properly compensated, cared for and treated ahead of time can definitely help in handling the case in court.
Importance of Carrying Adequate Auto Insurance
Insurance can play a big part in compensating any victim. Having enough insurance and the right type of insurance can go a long way in helping a case settle for the best possible outcome.
Be Cooperative, Provide Basic Information, and Avoid Talking Too Much
Also advisable is to limit the information given to the police officers. The more that someone talks, the more information that’s given to the officers or to the prosecutors. In DUI with accident cases, the less information given, the better.
Unfortunately, some people do give a lot of information to police officers and layout much of the prosecution’s case. Police officers are trained to get this information out of people. They will play good cop/bad cop, act nice and say, “Look, you know we’re just trying to help you out. Tell us what happened.” People give the information, and it turns into a big problem for them.
Avoid Perfoming the Field Sobriety Tests
My client David talked to the California Highway Patrol, discussed what had happened, and actually agreed to perform field sobriety tests. (He later declined the chemical testing, but he had provided a lot of information and documentation to the Highway Patrol before that point.)
Conducting the Standardized Field Sobriety Test and the Non-Standardized Field Sobriety Test gave the prosecution quite a bit of information about what his state was at the time of driving.
Had David not agreed to give field sobriety tests, the case against him may have been better. The less information the police and prosecution has, the better. If he hadn’t done field sobriety tests, then they wouldn’t have that information to use and their case would not have been this strong.
Escalating Charges: Hit and Run Component Added for Traveling a Distance from the Accident
The accident happened on the freeway, and David was able to drive his car (although it ended up being declared totaled). He was able to drive it off the freeway, but he went a little further than just driving it off the freeway: he went around the shoulder, down the side road, and then back under the freeway. We worked initially on that case for probably three or four months, and then we dealt with the after-effects of it. Actually it took us years to resolve.
Protecting Clients Is Attorney’s Role
I’m Attorney and Counselor at Law and part of my job is to make sure that I take care of my clients and protect their good names. I also help keep them out of trouble and make sure they don’t have any problems in the future. The other part of my job is more obvious; my duty is to help someone try to win their case or reduce their sentence.
Negotiating Conditions and Lowering Restrictions for Probation Help Ensure Completion
We see our clients through the educational component and/or treatment component if necessary, and also we negotiate a plea bargain if that is best for the client. We want to make sure that the plea bargain is appropriate and that our clients will be successful. For example, a plea bargain may include a term of probation where the defendant must stay out of trouble and complete other requirements.
We want to make sure our clients can do them. If you get a great deal in court but the terms of probation are so stiff the client is just set up for failure, it doesn’t do anybody any good. We don’t want anybody being taken back into court to deal with potential probation violations and we definitely don’t want anybody picking up new cases in the future. We want to give them tools to make sure that that doesn’t happen.
Trepidation about the Outcome of the DUI Charge
When David first came to my office, he was confused and concerned about what was going on. He was not quite sure of the legal process, what was going to happen, or what step needed to be taken. We were able to bring him in, sit him down, and talk to him about what had happened and what was going to happen in the future. The steps David and I needed to take to ensure we got the best possible result were explained. Plus, David was concerned about his job. In the end, we were not only able to keep David out of jail and prison, but we also were able to keep the case from interfering with David’s work.
Defending a DUI Case Is a Stressful Time for the Defendant
There are certain situations where someone has a job on the line because any criminal record may affect their employment. They might work as a commercial driver, bus driver or truck driver or even just drive to and from work where DUI can result them in losing their job.
If that happens, a lot of times they will lose faith in the system and lose faith in the process. In a situation like that we try to just put some time between the event and making any important decisions. We don’t want to just take a deal, plead guilty or plead no contest in court or jump to any conclusions. We want to let time pass so people can have a good perspective on what has happened. What stressed clients need to do is to look forward to the future and what can be done even if there are significant setbacks in the case.
Are Employers Likely to Be Understanding If Their Employee Has a DUI Charge?
DUI is a very interesting charge. It happens across the board to everybody and a lot of times employers themselves have been in that same situation. The license suspension issue can be a big deal and the DUI conviction can be a big deal. But if the case is handled correctly, we’re able to minimize the exposure with obtaining reductions or dismissals in court.
We can definitely help and even if there’s going to be some disciplinary action, we can handle the timing of it to speed it up or slow it down depending on the person’s work schedule. We can work around different obstacles that they may have, and that’s part of being an attorney.
Personal Attention
