What Criteria Do You Consider In Determining Whether To Take A DUI Case To Trial Or Not?
The first thing to consider is the client’s goal. The second factor is the weight of the evidence against the person. Those are the two major factors. When you’re facing a DUI charge, it’s important to find an attorney who knows the cutting edge of the law because DUI law is one of the most complicated, technical areas of criminal law in the state of Georgia. There is so much a science involved with it. It is important to have someone who knows the newest case law and the state of the science.
Just because you feel guilty for having a drink and then getting behind the wheel does not mean that you are guilty of the crime of DUI. If the legal standard for DUI is not met, then that person should not be convicted. Although attitudes in the United States are changing toward substances, they’re not fully changed yet. If you have a conviction, there is a negative connotation with you as a person and as a professional.
How Often Are You Able To Have DUI Charges Reduced To Lesser Charges?
We are able to get charges reduced in the majority of cases, at least when that is what the client’s goal is. We may not able to get the charges completely dismissed, but we do work to try to get the best outcome possible, whether that means that community service is reduced, jail time is reduced, or charges are reduced.
How Does Your Firm Generally Defend A Client Charged With DUI?
We immediately start by investigating as much as possible. If there was a blood test, we try to get a portion of the specimen and send it off to have an independent test of it. We also file an open records request with the arresting agency to try to get a copy of the police report and the video of the incident as soon as possible because that gives us a lot of information to help us best decide where we need to focus our efforts on defending the case.
We then are constantly looking at the facts of the case and comparing that with new cases that come out that may potentially have an impact on the situation. Having done an independent investigation early on gives us the upper hand when negotiating with the prosecutor because prosecutors tend to look at the case as late as possible. If they think they’re going to go to trial, they may look at it the night before the trial, whereas we’ve been looking at the case all along and are able to help the prosecutor form their opinion.