dui defense lawyer

dui defense lawyer questions and answers

Q: Who knows of a good DUI Lawyer in San Diego?
I am pleading NOT GUILTY and need a good Defense Lawyer for a DUI that has reasonable rates and a good track record, any suggestions? Due to a recent Injury I have been out of work, so I'm extremely LOW INCOME right now and my disability income has recently run out! I was assigned a Public Defender but unfortunately it did not feel like they were working in my best interest? Can anyone recommend a better solution to help me out? Does San Diego County have contract Lawyers? or do I need to Hire a Lawyer who specailizes in DUI's

A: Just check your yellow pages... you'll see who's been at it for awhile.

Q: What is a lawyer supposed to do in defense of a DUI?


A: From a legal blog: The answer to that question is complex, involving issues of possible innocence, inaccurate evidence, overcharging by the prosecutor, guarding constitutional rights, untrustworthy testimony, ensuring a fair trial, protection from unfair laws and harsh/illegal punishment — and just keeping the government honest.

Q: Who is the best/good criminal defense/DWI/DUI lawer in fairfax county?
I am in the military and recieved a DWI. I am not sure what to look for when lookin for a lawyer im sorry this is fairfax county VA

A: I don;t know military implications for a dui. I'd suggest just talking with the public defender to make sure that procedures are followed properly. If they have a good case (breathalizers don;t lie), then you really don;t need a lawyer to defend your actions. Just make sure than any factors that look favorably on you are presented and take responsibility in court.

Q: If you have a DUI do you need a lawyer?
Like if you know that you are guilty. Do you need a defense attorney or can you just plead guilty? Also is it a way to get an attorney if you can't really afford one? My boyfriend got arrested for DUI the other night and I was wondering if he will need a lawyer

A: The other answers are 100% correct. A lawyer is not required ... but can be really good to have. Since DUI is a misdemeanor in most states he can get a court appointed lawyer if he can not afford one. Worst case? The lawyer can not get your boyfriend any better deal than what he is facing. Best case? The lawyer cuts your boyfriend a deal that keeps the worst consequences of the DUI away. A lawyer may not be able to help, but they certainly will not hurt the situation.

Q: Why would a defense lawyer request a certain judge, and not accept a female judge?
I'm in an ongoing domestic violence case, over a year now. The ex had 7 felonies, and 1 misdemeanor. I agreed to let him plea bargain with hopes on getting this over with. Ranging from class B felony to class D felony. Now with the plea bargain he's down to 3 class D felonies. His attorney has canceled & postponed at every turn, he only has DUI's as past law infractions in Indiana. At the sentencing trial, we were issued another judge (female) and his attorney threw a huge fit, and had it postponed again. All of my witnesses have either died or moved out of the country, except 1. Just wondering if his attorney is friends with the other judge, and asked for favors, or possibly paid him off? The state of Indiana is representing me. I'm not legal smart, this is the first time someone has ever tried to kill me.

A: I can see why someone defending a woman-abuser wouldn't want the case heard by a woman. He can throw all the fits he wants, but unless he can put forward a convincing argument why this new judge should recuse herself, she's staying right where she is.

Q: I contacted 2 DUI lawyers online-- They keep trying to get in touch?
I sent some evaluation thing in to two or so sites. I got a call and a voicemail from one and an email saying he tried to call me, email from the other attorney. Is the fact that he is trying to get into touch with me bad? Is this most likely not a good way to get a lawyer? Should I call him back as I have many questions about the DUI court process but is he the wrong person to ask, will he steer me in a direction that I need him to be my lawyer? Will he trick or lie to me to make me think that what he says is all true? Who else should I be asking these questions? Someone told me Defense Attorney, other said Prosecutor. ??

A: Why did you contact them if you didn't want them to try and help you? They are calling and emailing you to speak to you about your problem and whether they can help you. Until a lawyer actually speaks to you and discusses your case and his/her fees, you don't have a lawyer. So if you want a lawyer, return their calls. As for "trick or lie" to you--what would be the point of that? They are in business to help people with DUIs, not screw with them. Call them back and ask your questions.

Q: The DUI lawyers tell you to sleep outside your car if you are drunk, however, you can get cited for public?
drunkenness? If you are too intoxicated to drive, what defenses can you have to beat the Public Drunkenness charge? Please, law enforcement/lawyers only.

A: The definition for drunk driving (in this state, MA) was defined as occurring when the keys are in the ignition, a person has a BAC of .08 or greater, and is in control of the vehicle. In English, that means if you are not in control of the car (different seat) and the keys aren't in the ignition; no worries. However also note that you don't need to be in the drivers seat to be drunk driving. There was a case where a designated driver was driving and one of his drunk friends reached around him and grabbed the wheel causing an accident. The guy who grabbed the wheel was drunk and was charged with manslaughter (death as a result of Operating under the influence). Also note, the vehicle doesn't have to be a car, it can be a boat or any other machine operated by an engine to by OUI.

Q: Is it possible for a marijuana DUI to hold up in court with no physical evidence?
I understand you shouldn't be driving high on pot but lets say you get pulled over and the officers suspects you're high as a kite but doesn't smell it in the car. There's no roadside test and testing for pot in general doesn't work because of the I did it a week ago excuse. In these instances I understand they can do a sobriety check but even if the individual fails there's still no physical evidence. In court for a traditional DUI if the individual fails the sobriety check the actual breathalyzer is the physical evidence. Is it possible for a prosecutor to get a DUI conviction for being high on marijuana if the defense has a lawyer as well. Basically if with a competent defense attorney are there any scenarios where a prosecutor could successfully beat the defense? The big given there's no physical evidence other than a failed sobriety check but as I understand that in itself is meaningless without any additional evidence such as a breathalyzer. How could prosecutor win this case against a competent defense attorney knowing there's no physical evidence? "If you fail a field sobriety test that is good enough to convict" I don't think so. For a normal DUI they need the breathalyzer to back it up... My scenario involves a good defense attorney, I think s(he) would tear that up. The blood test would be meaningless, could have smoked pot a week ago. Prose a scenario that a defense attorney or anyone with knowledge of the law could not refute Is the answer there's no possible way to have a solid case in one of these scenarios? The failed checkpoint could be a result of cold medication as a previous answer states. Blood tests are meaningless in proving DUI at the time... despite if it tests concentration. Also I believe it's illegal to do blood tests or anything involving needles. Blood tests at the time of the infraction are illegal and it would be an after the fact test if court order... this would prove nothing since it wasn't during the time of the infraction. I have to consent to a blood test, without my consent there's nothing. You don't get the option of blood testing without my consent, who in their right mind would allow this invasive test to be done?

A: If you fail a field sobriety test that is good enough to convict. You could have also been on cold medicines but the fact that you can't pass a field test is enough to say that you shouldn't have been driving. Doesn't matter if it was pot or something else.

Q: Why do lawyers Do this?
They get all sorts of good reputation for keeping criminals on the street! They are always looked at as good people and make hard working police officers looks bad. Lawyers who defend DUI's could be defending murderers. If you get a lawyer all you may have to do is go to Rehab or AA meetings after maybe eve murdering people? It just annoys me schools and TV gives make lawyers look like such good and nice people when most Criminal Defense lawyers are corrupt people killing America. Since when is keeping criminals on the street American or Good?

A: Criminals have a right to be defended in court. It is a lawyer's job to present their case in the most favorable light and secure a not guilty ruling. They may make police look bad. But honestly, I have seen a few cops destroyed in court and nearly all of them had no idea what they are doing. It's different if it's a rookie and he has never testifying in court before and is just nervous. But it boils my blood when I see a veteran cop not being able to explain the basic process for a field sobriety test or explain in the simplest terms how a breathalzyer works. Sure sometimes you get caught off guard, but the vast majority of time when the police look bad, it's their own fault. Police officers get reputations. If as an officer, you quickly develop a good reputation for being honest, writing good reports and knowing what you are talking about in the court room, lawyers will be far less likely to go against you and they will advise their clients to just plead out. On the flip side, if local defense attorneys know you are an idiot, you will see a lot more of your cases end up in the court room.

Q: My sister was convicted of a DUI in Dec. 2005. She served 30 good time in Colorado Springs CO.?
When she turned herself in. She BA .05 which inturn was violation of her probation. Now she ate a lot of gum and listerine due to the fact she was nervous. She got a contiuence for a couple of months. She also has health issues. Which included.ultrasound on her liver, GB, and kidneys. And an upper GI. the tests results have not been back yet. So in her defense, with her lawyer. wants to ask for another contiunece based on the fact her results are not back. From a judges opinion will that hold any value. What happens at the revocation hearing. ?

A: probably not, they have doctors in prison, her probation can be revoked and she may have to serve the remaining probation time, it depends on the prob. officer and the judge.

Q: Underage DUI, no breathalyzer?
A friend of mine got a DUI in Illinois and he is 20 years old. He failed the sobriety test, but refused to take the breathalyzer (He had been drinking that night and there is zero tolerance). The cop made a comment that he had made the right choice by not taking the breathalyzer as well. He has had surgery on his leg and has an excuse as to why he cant really stand on one leg for long, he also has a stuttering problem which I think was another reason the cop thought he was really intoxicated. As far as the red eyes, well he uses contacts. Can all of this be used in court as his defense? Will he be able to get out of a DUI, or maybe get less charges if he gets a really good lawyer? Or will it not make a difference... What should he expect as punishment? Yes he did get arrested but was let go about an hr later with no fine, his truck got towed so he had to pay to get that back. I think we all know that driving under the influence is wrong so Im not looking for those answers. There is a big price difference between a court appointed attorney and one with a good reputation, I would like to know if a lawyer could make a difference in this type of situation.

A: First of all, if your friend -was- impaired, and is trying to manipulate the system with his injuries / condition, then I hope he rots. People like that are the reason the system takes so long. His condition may be argued in court, and certain aspects of the Standard Field Sobriety tests may be debated. This requires good lawyering, expert witnesses, and certainly a lot of money. The Vertical Gaze Nystagmus - one of the Standard Field Sobriety Tests (SFST), is often considered "Above Board." Meaning that the court will often find the results of the test to be undebateable (in regards to impairment) No Breathalyzer is -required- to prove impairment, though it helps the prosecution's case. People often think of the magic number - .08, or .10 BAC. This is only considered a "Presumed level of intoxication." This gives the Police Officer probable cause (at the very least, reasonable suspicion) to consider the driver impaired. "Impaired" is important, not numbers. In all states, driving is a privelage, not a right. When you obtain a driver's license, you fall under "Implied Consent" laws. Failure to provide a Breath, blood, or urine sample for Blood Alcohol Content testing (B.A.C.) is usually (depending on the State) an automatic forfieture of driving privelages for (on average) 6 months. Most often, prosecution simply concedes to a lesser charge, as opposed to a lengthy proceeding -because- of people using excuses like the above-mentioned. This is dependant on the lawyer. The lawyers fees for such an involved case is no less than $2000. Usually higher, and that doesn't include court-imposed fines and fees. Your friend will likely be found guilty of a lesser charge, sentenced to community service, and mandated State-Certified Safety courses, as well as losing his driving privelage for a while. He'll be able to file for a special license that allows him to go to work and such during his revokation. Sources: 2 Years Experience as Municipal Police Officer 3 Years Experience as Military Police Investigator (Detective) Many, many, many court appearances as either an expert witness for prosecution, or as the arresting officer. -Degree in Criminal justice - but they're a dime a dozen. //Edit -Refusal to do so does NOT give anyone probable cause to (as listed above) search a vehicle. Though it will raise obvious suspicion, and the Officer may find a way to -otherwise- articulate probable cause. -Refusal is NOT an admission of guilt. It is in contradiction to State laws, as I've written above. -Most states juvenile "No Tolerance" policy DOES have a level of presumed intoxication. This is usually .02 BAC or higher, though the BAC is not -required-. Example. A person can be completely coherent, not slurring, and passes all Sobriety Tests. A Breathalyzer test of .02 or higher is all that person would need to be found guilty of a Zero T DUI.

Q: can i have a conviction overturned if i was on meds at the hearing time and before?
I was convicted of dui at the time i was very depressed and was being treated w/anti depressants, which by the way don't work for me. I told my court appointed lawyer but he seemed to think that was not a defense. Someone else told me not to tell the judge I was on meds because they would put me in the nut house and I was afraid so I said no. Is there anything I can do?

A: If your lawyer was on the medications you might have a chance. Your being on the medications did not affect the outcome of the trial.

Q: DUI in Massachusetts- I would like your opinion on my case for what you think will be the VERDICT at the trial?
Hi...Thanks for taking time to read my post. In May 2009, I got arrested for a DUI offense in Massachusetts and would like your opinion on it. I hired a great criminal defense attorney and my trial date is this week....but I am very nervous being that I have never been involved in any wrongdoings with the law and have worked hard to get where I have gotten in life. Here is a copy/paste of the POLICE REPORT (so you can read what the Police stated with some things removed for my privacy) May 2009, clear cool night1 around 03:15 am. I was on patrol on Rte 1 North a public highway in the state. I observed a Jeep stopped in the breakdown lane. I started to pull over to check on the vehicle when it started again, entering the travel lane in front of me. I was behind the vehicle traveling Rte 1 North. I could see something was wrong as the vehicle veered sharply into the far left travel lane, straddled the white markings on the highway traveling in both lanes, then swerved into the breakdown lane. I activated my blue lights and started to catch up to the vehicle I was a few car lengths behind at this point. The vehicle traveled the breakdown lane for about 100 yards then approached the Lawrence Street off-ramp at a high rate of speed. It nearly could not negotiate the turn traveling down the ramp. The vehicle then struck it’s two passenger side tires on the granite curb as it took a right off the exit. The vehicle finally came to a stop after I sounded my sirens. I approached and asked the lone female driver for her license and registration. I could see that she has glassy eyes was acting lethargic. She began fumbling around her vehicle for her paperwork. She handed me the reg and was searching for her license in her pocketbook. I asked her if there was any problem with her driving, or if she had taken any medications and she stated she was just going home. She lives in NH, but could not explain why she was heading East on Lawrence Street. She also had a large GPS screen on her Dash to help her. I now could see she had heavily slurred speech. I asked if she had been drinking or using drugs and she stated no. I asked where she was coming from and she stated she was going home. I repeated the question and she stated “no-where”. At this time she was being very uncooperative. I asked her if she would step from the vehicle to perform some field sobriety tests. She stated that she wanted to call her lawyer. I again asked her to turn off the vehicle and step out, but she refused. We went back and forth about 6 or 7 times. This was becoming a public safety issue in that I did not want her to start the vehicle and take off. I explained that if she did not step from the vehicle she would be placed under arrest. She refused so, with minimal force I escorted her from the driver seat of the vehicle16 and placed her in handcuffs. Officer David was present at this time. I double locked the cuffs and transported her to HQ where she was booked by officer Bone. While escorting to and from my cruiser I had to hold her up as she would have lost her balance. She was very unsteady on her feet. In the booking area she was again uncooperative demanding that she be able to call her lawyer. Inside the vehicle was the gps, her purse with some personal effects, and various clothing and personal items. I charged her with disorderly conduct, oui alcohol and marked lanes violation. ***Truthfully, this is my story of what happened and I plan to go on stand at the trial and explain my side of the story to the jury. I would like you to carefully decide how you would decide my case as either guilty or not guilty. ****I spend the evening getting ready at my mother's house (where I also live) and did not consume ANY alcohol ... at approx. 1:15am I said goodbye to my mom and headed to Boston to Logan Airport. My boyfriend at the time told me he would be flying into Boston and landing at 2:15AM. Please be aware, my relationship was EXTREMELY mentally abusive with him always breaking up with me. When I got to the Airport and went in to pick him up at baggage claim his flight had arrived but he was NOT there. I spent 30 minutes trying to get him to pick up his cell phone when I called and looking around the airport terminal for him. BUT HE WAS NOT THERE! Finally at 3AM, I decided to leave Logan Airport and go back home. As I was leaving Boston I plugged into my GPS the address to go back home. My GPS is the type that has a suction cup to the windshield and has a large screen. Due to this time of year in New England, the weather is always changing temperature causing the suction to lose its grip if I activate the AC or Heat in my car. I was traveling Route 1 home and my GPS kept on losing its suction and falling off and I reapplied it many times to the dash but because I was driving at the time it was not getting a firm suction grip....As I was trying to manuever my driving and putting ht

A: The prosecution will argue you are the unluckiest person in the world. You failed to follow the orders of the officer. Your only chance is if the officer failed to offer you a chemical test. That leaves the disorderly conduct. You have a chance on the oui, if the officer did not do his duty. But you messed up too. Close call. Best of luck.

Q: Have you or anyone you've known gotten off a DUI or had the case dismissed? What was the deciding factor?
Basically I've been charged with a DUI and I want to know what things have gotten people off before so my lawyer and I can look for such issues in the police report. So far I've heard: 1. Rising Alcohol Defense: Friend blew a .08% roadside, but blew a .12% at the station. He got off since technically they could not prove beyond reasonable doubt that he was over .08% while he was driving. 2. Sheer Luck: My friend's public defender actually ended up flirting with the prosecutor and he asked her out to dinner. Case randomly was dropped & dismissed? (Honestly I think my friend is full of shit here). 3. 2nd Officer's testimony did not match when cross-examined: Essentially, sometimes when you are pulled over by 2 cops, only one cop will do all the paperwork (police report + verifying report). However, this means that when the 2nd officer is cross-examined, he has no idea sometimes what the other officer wrote so the story ends up being conflicted & evidence is dismissed. 4. Failure of Miranda Rights/Testing Protocols: Essentially if you can prove through the car's recording devices or dispatch transcripts that your rights were violated (I wasn't given my Miranda Rights myself) or that something they said conflicts with the police report, evidence can be suppressed & sometimes the case dismissed. List away. Please no self-righteous people posting about what a terrible human being I must be. We're all human, we make mistakes. Be helpful. I have a lawyer, but he's unwilling to bring the case to a jury trial until we get evidence from police reports, etc. Is this good or bad from a lawyer?

A: You need to consult with a DUI lawyer in your area who knows the local law and will hear the specifics of your case. The first time you go to court, request you are granted discovery. A verbal request is usually enough, but you may need to file a motion. That means they give you a copy of all the evidence they have against you. This is the only way you will know what you are up against. Most lawyers offer free consultations and when looking at your case can give you some ideas as to what will be an angle worth persuing. See as many as you can, every set of eyes will help. Do this even if you are granted a Public Defender- just don't tell the lawyers that you have a Public Defender. With a public defender you will pretty much need to figure out your whole defense and convince them to present it that way on your behalf. While they claim to be in your interest, do they really want to spend a lot of time on you, or to just get it over with and move on to the next case? A big difference- Public Defenders will not typically knowingly lie to defend you, while a paid lawyer will. At least act like you are telling the truth to your public defender, even if you are stretching it a little to protect yourself. Laws and case law are different from State to State. Add your location to your question. Another for your list that I know of- In AZ: Accused asked to call a lawyer. The police officer allowed the call but did not grant privacy, so the accused could not speak freely and his rights were violated. Dismissal, appealed, upheld. You can also attack all the pieces of evidence individually during the pre-trial hearing. For example, were you given an ACTUAL line to walk during the walk and turn? If not it can't be used in court, providing you challenge it in the pretrial hearing. (If you don't question something against you it will be used.) Cops lie. They will lie in court. Judges and Jurys don't care that they lie, they only care that you got caught and pay your money. The conflicting story thing you are pointing out is not going to help you. Always ask for a jury! A judge alone is like a guilty plea. And of course, don't drink and drive ;) The "public defender flirt with Prosecutor" story is total crap. Edit in reply to added details: You didn't tell me your location...Grr. Your circumstances don't say enough. The prosecution and/or your lawyer should submit continuances until full discovery has been given. If they do not have all their evidence in a resaonable time (waiting for blood results) then your lawyer should ask for a dismissal. You can't go to trial until you know complete details to what you are defending. If your lawyer tells you to take a plea, fire him/her. You don't need a lawyer to take a plea and you are wasting your money. I'm not saying not to take the plea, but why pay the lawyer, too? You should not pay or have paid a retainer until you know they have a shot at defending you. Lots of people make this mistake.

Q: Conflict of interest between a judge and attorney in a jury trial?
I was recently dismissed as a prospective juror from a DUI case in California. Afterwards, I googled the judge, deputy DA, and defense attorney. It turns out that the judge and one of the lawyers graduated from the same law school in the same year (back in the 1970's). Given that a lot of prospective jurors were dismissed [I'm guessing here] for various conflicts of interest such as family members working in law enforcement or family members with past DUI convictions, how high do alumni connections rate as a conflict of interest in jury trials?

A: Not an issue. A conflict is a situation which would make the judge lean towards one lawyer more than the other, or circumstances that would make people wonder if that would happen. One of my law partners is married to a judge. It's a big firm and her husband doesn't know me and never met me but to prevent the appearance of impropriety, the judge will recuse himself (get off the case and have it assigned to another judge) if anyone in our firm is involved in case that comes into his division. When you work in a profession, you will get to know the judges - whether it's because you use the same gym, went to the same college, your kids are in the same school, etc. and there is nothing inappropriate about it.