dwi defense lawyer
dwi defense lawyer questions and answers
Q: Could this be a successfull legal defense in a DWI case?
If a lawyer was able to prove that his client has an unusually high tolerance to alcohol and that whiel he/she may have been over the legal limit their senses/judgments were not compromised in the slightest?
For example the lawyer would argue that his client being .15 is really equal to a typical person .05.
A: Very unlikely. Legal limits were established so that courts don't have to determine a defendant's tolerance level on a case by case basis. It would be a mess if court's had to determine a specific limit for each defendant in court at which they became too intoxicated to drive.
In any case, DUI laws don't criminalize being drunk per se but driving over a specific legal limit. So if your were over the legal limit but somehow not drunk (unlikely) you would still be guilty be the language of the statute.
Q: How to explain to family and defense attorney that I want to avoid trial and plead guilty?
I was charged with a misdemeanor DWI. From what I have gathered, is the penalties are pretty much certain depending on amounts of each (probation, fines).
Since I am wanting to avoid trial and my case looks really unwinnable. In addition, I was in the wrong and need to own up to what I did. Also, the cost of the trials and appeals along with the legal fees are something I cannot afford at all.
A big problem for me is that the lawyer was paid for by my mom on a loan and she kind of considers this to be "our" case. I keep trying to explain to her that it is my case, because she doesn't have to do any of the punishment for my actions. She keeps talking about getting her money's worth. I have tried to explain to her that since I am going to pay her back in August, she has no ties to the case really as far as financial. What should I do? I am aggravated with the defense attorney since I all but confessed to it, he said let's wait and even if I do lose, we can appeal and all of this other stuff. I wanna move on with my life.
A: You need to go talk to your lawyer and explain to them that you want to plead guilty, and if the lawyer has a problem because they feel loyal to your mom they will withdraw, because it would be a conflict of interest.
If the lawyer is truly representing you the lawyer can explain to your parents that you are pleading guilty.
You are to be commended for being honest, and for taking responsibility for yourself. I hope that you have truly learned from this, because the penalties for DWI become much more severe for a subsequent charge.
Good Luck
Q: Did my attorney overcharge me for filing motions, sepinas, etc? I knw its long, but please read & help me?
I am very unhappy w/ my atty & the way he represented me. To sum up my case: My fiance was attacked by 2 drunk random females, I tried to break things up in her defense & was attaked by a male from behind. We were wrestling on the floor when police showed up. One cop spurred me from behind and hit his forehead on the back of my head and he got a cut. I was arrested for disorderly conduct and told I would get out in a couple of hrs but later I was added on the charge of assulting a peace officer.
I really was just defending my soon2be wife & in no way was in the wrong. Im a bookeeper and have never been in a fight in my life. I have a clear record & I was sure I had a good case. But my atty's attitude towards my case was the total opposite. At 1st he said he could help me, charged me 1500. retainer + add'l fees for any further work. But once I paid the retainer, he didnt even try. There was no other witnesses other than my fiance and I, so I told him to put me on the stand and i'll testify cuz we were the victims. But he kept saying the facts were against me & I should just plea guilty and avoid a jury cuz I could be locked up for 2-10yrs.. I insisted I was innocent, but he never fought for me, just kept urging me to take a plea bargain so we didnt have to go to trial. I even drafted up about 11 diff points I came up w/ that he could use to defend us.. and im not even the atty. Thats what i was paying him for!!!
Anyway, I knew he wasnt goin to help me so by Gods grace, it turns out my mother knew a friend of the D.A & I ended up getting 6 mo. probation w/ deffered adjudication. He thinks it was his negotiations that got me that deal though.
So I finally got a final bill and he charged me additional 2,500.00 in extra fees on top of the retainer. He charged me 100.00 for EVERY motion (ex. motion for discovery, motion for probation, motion for a witness list.. ) He also charged me for "research on file for discovery", "research on motion for probation" etc. Shouldnt he already know his stuff? This is his job, why am I paying him to learn? He also filed sepinas against 3 police officers The bill said his assistant took 1 hour to draft up each sepina @ 100/per hr. So I have to pay 300 bux for 3 sepinas .(which btw, never got served because supposebly the 3 cops were all on vacation and couldnt be found).. Now im not stupid, all the 3 sepinas are exactly the same , the only thing that changes is the names of the officers. So I understand it took 1 hr. to draft the 1st sepina, but the other 2 didnt take an hr. each.
Lastly, he also charged me for every call he made to me. Even when he left me a message, I am being billed for that also. I think this is outrageous. Now Ive never been in trouble or dealt w/ lawyers, so maybe this is normal, but I think its crazy how he is charging me. Shouldnt a criminal case be a flat rate.. just a certain price up front? I know my co-worker had got arrested for DWI & possesion of cocaine charges and he was charged a flat rate of 2800.00 for both. I only had one and im being charged 4,000.
Is there anything i can do, or is this legit? Im bearly making it & only agreed to go w/ him thinking 1500.00 was the bulk of the amt, and i'd only have to pay a little more in add'l fees.... Not another 2500.00. What can I do if i cant come up w/ this money? Can I go to jail? I really need some sorta advice on what my options are. Please help..
A: Okay, first, yes, this is the normal billing for attorneys. Some charge by the hour, some charge a flat rate per case, some nickel-and-dime you for every little thing. All the fees are outlined in the contract.
Secondly, if you don't pay it, the same thing will happen that happens for any unpaid bill. It will go to a collection agency, and if you don't work out payments with them, eventually, they will sue you. In the US there is no such thing as debtor's prison. Only ruined credit and bankruptcy.
Here's the thing, though. You're upset because the attorney didn't "fight for you" but (s)he obviously did, negotiating a plea agreement that kept you outta jail. If your own attorney tells you "the facts are against you" then they are. You are guilty of disorderly conduct if you're in a fight, which you admit, and you're guilty of assaulting an officer if one gets hurt in that fight, which you admit, as well. Your attorney can't waive a magic wand and make you not guilty. It seems to me as though that attorney did you a service, and deserves to be paid.