The consequences
and penalties that flow from a DUI conviction are regularly
being increased with new law and more important in the Courts.
A misdemeanor DUI conviction now stays on your record for 10
years. That means that you will be subject to substantially
greater penalties for conviction of a DUI when you have a previous
DUI within the last 10 years.
Courts are now regularly imposing jail time
for even first offenders and jail time that far exceeds the statutory
minimum for a multiple offender. Another practice evolving is that
Courts are taking persons (particularly multiple offenders) in
to custody on their first court date, before they have been convicted
and requiring them to post bail or take other action.
You need to speak to an experienced DUI lawyer
before you go to Court. You need to have your case assessed and
to take steps at the earliest possible date to keep you out of
custody and protect your license to drive. The consequences from
a DUI can stay with you for many years and adversely affect your
life for an even longer period of time. A DUI is a crime. Most
people involved with DUI are not criminals. An experienced attorney
can help you understand the legal process that can be quite intimidating
to most people. An attorney can be a buffer between you and the
Court and reduce or eliminate the intimidation of the legal system.
An experienced attorney can help soften or reverse the consequences
of a DUI.
How Do I Choose a DUI Lawyer?
DUI cases can be very complicated. Proper representation in even
a basic DUI case involves familiarity with a significant body
of scientific instruments, tests, articles, concepts and studies
that many attorneys haven’t even begun to consider. When
you are seeking to hire a lawyer to represent you in a DUI case
you need to try to ascertain whether the lawyer has more than
just a cursory understanding of the important studies and evidentiary
scientific instruments related to a DUI case. Good questions to ask a prospective attorney are:
whether the attorney has attended specialized
classes given by DUI defense groups such as the National College
for DUI Defense or similar organizations?
has the attorney ever
visited a law enforcement forensic lab to personally observe
how law enforcement scientists (Forensic Toxicologists) perform
their duties and utilize the instrumentation that he will later
have to cross-examine them regarding?
has the attorney ever visited
a police station to inspect a breath exam room, booking area
and holding cell for the purpose of preparing to cross-examine
the officer regarding conflicting statements between the officer
and the client?
has the attorney ever personally inspected,
held or utilized a breath testing instrument?
has the attorney
has ever personally visited a hospital where blood is drawn to
determine whether legal requirements for taking and preserving
blood samples are being met?
when was the last time the attorney
took a DUI case to trial?
Don’t be afraid to ask questions to challenge the lawyer’s
knowledge and experience.
At the Law Office of Johnson & Johnson we are experienced
DUI attorneys. We have done and regularly do the things listed
above (and many others) in order to fully understand the case
and take advantage of any potential detail that can give us an
advantage in representing the client against a Prosecutor who
has likely done none of these things and likely has no more than
a basic understanding of the myriad of issues that can make or
break a DUI case. In determining what lawyer to hire give yourself
the advantage of having an experienced and informed DUI lawyer.
Having an understanding of the various concepts involved with
a DUI defense though is basically meaningless if you do not have
a lawyer who is going to put that experience and expertise to
work effectively. Ask the lawyer whether he regularly goes to
trial in DUI cases. If the lawyer is not an effective trial lawyer
you will lose the most important advantage you have over the prosecutor
in your case. Your DUI case will be part of a legal system. You
need to have an attorney who has excelled in all parts of the
legal system that can effect your case.
At the Law Office of Johnson & Johnson
we have a reputation for being tough and effective trial attorneys.
We WIN cases -- that's the kind of lawyer you
want!
Proper defense in a DUI cases also involves a significant familiarity
with legal principles that can be effectively used to win a DUI
case. Many defense attorneys fail to pursue motions during the
course of the DUI defense that can win cases or gain further advantage
over the prosecution. This is often the case due to complacency
or lack of knowledge. An attorney cannot be an effective and aggressive
advocate without utilizing law and motion procedures. Ask the
attorney whether he or she regularly files pre-trial motions and
trial motions when conducting a defense. We have won many cases
in the motion stage, including those that other attorneys
would not view as having a legal basis for a motion.
In conducting an effective DUI defense the attorney has to be interested
enough to fully investigate your case, experienced enough to recognize
when an issue exists, creative enough to make an issue of something
that might otherwise be missed and energetic enough to present
your case in an effective manner. After consulting with an attorney
ask yourself whether the attorney seems interested, knowledgeable,
creative and energetic. At the Law Offices of Johnson and Johnson
we pride ourselves in excelling in all these areas. Give yourself
every advantage, choose a lawyer that can deliver.
No lawyer can guarantee success. There are too many factors in
the legal system that a lawyer cannot control. However a lawyer
that meets the criteria set forth above will give you the greatest
advantage and place as much control on your side as is possible.
Any lawyer that guarantees you success does not possess another
very important trait to consider when choosing a lawyer, integrity.
At the Law Office of Johnson & Johnson we will not guarantee
you success –however we will guarantee that we will take all steps
to insure that your legal interest are advocated to an extent
that exceeds what would be expected of a professional, experienced
advocate. In doing this we can accomplish success.