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In Marin County, It Is Rare but Not Impossible to Have the DUI Charges Dismissed


Interviewer: Are there any cases in Marin County that stands out as a good example?

Aaron: It’s rare but been I have able to get a dismissal from the DA’s office. Again, it’s rare but that’s one of the goals. I always work to be able to point out to the DA’s office that their case is weak enough that they should dismiss it. It’s a county where they have the resources. What they do in Marin County is they bring on attorneys from law firms in Marin and San Francisco that are looking to get the younger associates trial practice.

They will loan them out to the Marine County DA’s office. They do that in San Francisco as well in the San Francisco District Attorney’s office. They will train them to do DUIs and they’ve got every scenario typed up in their computers of what questions to ask. They are taught how to do a DUI trial and so they get their practice, they’ve got the PowerPoint or video closing arguments all set up for them and they just modify them based on the case. They get the trial experience.

Because they have these types of resources, they feel like they don’t need to give out reduced charges. Again, the goal there is to try and get a case dismissed. If not, just go to trial on it.

Interviewer: Is there anything you’d like to add in regards to Marin County or Sonoma County?

What Is Your Best Option If You Are Facing a DUI Charge? It Is Advisable to Retain an Attorney Who Is Experienced Defending Clients Charged with DUI in Front of a Judge and Jury

Aaron: Just that anyone who gets arrested for a DUI in any of these counties, the reason to hire a lawyer is to have someone represent you, to be your voice in this complex legal system. It is important to hire an attorney who knows how to deal with these counties, someone who is experienced. Getting a DUI lawyer who’s right out of law school or just been practicing a few years or someone who works for a big company might not be your best option in a DUI case.

Make Sure the Attorney You Hire Is the Attorney Who Appears in Court with You

When you find a lawyer, talk to the lawyer on the phone and make sure that that lawyer that you talk to is the one who’s going to represent you. You do not want an associate you have never spoken with from this firm show up at court. There are firms all over the state that represent people in all the different counties; they hire lawyers all over who don’t have the experience or motivation to fight your case.

When someone hires me to represent them on a DUI, they’re going to be dealing with me. They’re not going to be dealing with my staff or other lawyers. They’re going to be dealing with me. They’re going to know that from day 1 and they’re going to get the representation that they not only deserve, but that they’re paying for and that they’re entitled to. I am an experienced DUI lawyer who’s been doing this for over 20 years.

Talk to Several Attorneys before Deciding on Which One to Hire

What I would say to anybody who is arrested anywhere in the San Francisco Bay area is do your due diligence and talk to a few lawyers. Find out who knows what they’re doing, how to do it, and find someone that you’re comfortable with, someone who calls you back in a reasonable to answer your questions and concerns. It’s important to have a good working relationship with your lawyer. That’s something I try to establish from the first phone call with new clients.

By Aaron Bortel

Aaron Bortel

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