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What Are The Common Mistakes Detrimental To A DUI Case?


One of the things that people do, which is a mistake, is they go right into court and plead guilty. Another mistake is not requesting the DMV hearing. Another mistake is to look for a lawyer based on price. You get what you pay for; and if you are paying a very small amount for a lawyer, that lawyer is in business for the money instead of for his client. DUIs take a lot of time, and the attorney is fighting for you. If you’re paying a small amount to a lawyer, that’s a mistake, and you really need to find someone obviously who you can afford and is qualified.

The best DUI lawyers don’t come cheap. They are expensive lawyers, but they’re good. You shouldn’t be looking for a discount when it comes to a DUI lawyer. When you’re looking for a surgeon, are you looking for the cheapest or the best? You want the one with the best reputation because there’s just too much at stake. It’s similar to buying a car: you don’t want just one to get you from point A to point B. No, you’re buying something that is quality. You need to do your own due diligence and talk to some lawyers, especially if you live in the area where the incident occurred: get a meeting with them, look them in the eye and talk to them.

Ask them questions about their experience and ask them questions based on the facts of your case. A typical client would ask, “Based on the facts of my case, how do you see this coming out,” and a good attorney’s answer would be, “I’ll need to see police reports, accident reports, chemical analyses, video, audio and anything else we can find to do our investigation, but there is a lot that needs to happen,” and you need to just know that the person you’re hiring is going to do everything they can to try and win your case. Maybe your case is one that will go to a jury trial because the facts give you a chance to win there. Maybe the defense is a no driving defense: those are the best cases usually for taking to a jury trial because if they can’t prove who the driver was, that’s the first element.

Bottom line, the prosecution has to be able to prove their case. You, in turn, need to find someone who knows what they are doing, who can explain how they see the case coming out, someone you feel comfortable with, someone who’s willing to put in the time to talk to you from the beginning and return your calls, emails and texts promptly and not someone who will hand your case off to another associate.

If you feel like the person that you’re meeting with seems rushed and just needs to get on to the next case or client, maybe what you need to do, during your initial consultation, is ask them if you can talk to them a little longer or at another time later that day or the next day. But if you feel like someone is just spending 10 or 15 minutes with you on the phone and you can tell they’re trying to cut it short, that’s not the lawyer you want. You want someone who cares about you, you want someone who is experienced, you want someone who understands DUI law and who knows the court you’re in, who knows the prosecutors, who has the connections with the DMV, and who knows the right hearing officer to try and hear your case.

Will Someone End Up Actually Spending More If They Hire A Cheap DUI Attorney?

Yes. This is why it’s important to have someone who practices almost exclusively DUI cases because those are the attorneys who are going to know. They are the ones that other attorneys turn to with questions about this case law. It can get down to timing: for example, being able to tell a client that if they’re going to get an SR-22, which is high risk insurance, they don’t want to wait until after they’ve been convicted to do so. They want to get the insurance, before the conviction, because they can get a better rate, depending on the insurance company. These are things that you’re not going to hear from people who don’t do mainly DUIs. Again, you get what you pay for.

For more information on Common Mistakes In A DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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