The consequences and penalties
that flow from a DUI conviction are regularly being increased
with new law and more important in the Courts. Amongst others
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 is 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 many attorney’s 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 Office 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.
