FREQUENTLY ASKED QUESTIONS

 

WHAT SHOULD I DO IF I AM PULLED OVER FOR SUSPICION OF DWI? - It is important to remember that from the moment you are pulled over, everything you say and do is probably being recorded. Therefore, try to avoid saying or doing anything that you would not want a jury to see. Many people believe they must submit to the field sobriety and breath tests. This is not true - you DO NOT have to perform any of the field sobriety tests, and you DO NOT have to provide a breath specimen (or "blow") for the officer. Statistically you are much more likely to get yourself into trouble than to get yourself out of trouble by doing so. These tests are designed for you to fail them. Remember, the State must prove their case against you beyond a reasonable doubt. If you don't give the State any evidence, they can't make their case against you.

I SUBMITTED TO A BREATH / BLOOD TEST THAT WAS OVER 0.08. CAN I STILL WIN MY CASE AT TRIAL? - It is true that the higher you tested over 0.08, the harder it will be to win your case at trial. However, just about any case can be winnable at trial under the right circumstances. Generally speaking, anything 0.10 and below gives you at least a decent chance of winning at trial. Past that point, the case becomes more difficult, but even then there are sometimes mitigating circumstances that can help your case.

DO I HAVE TO ALLOW POLICE TO SEARCH MY HOME OR VEHICLE WITHOUT A WARRANT?. - The 4th Amendment to the U.S. Constitution prohibits searches and seizures executed without a warrant. However, there are several exceptions to the rule that will allow police to perform a warrantless search. If you think you may be a victim of an illegal search, the most important thing to do is to simply make it 100% clear that you DO NOT CONSENT to the search. It is possible to inadvertently consent to a search if you are not adamant enough in your refusal. DO NOT physically resist any search by police. Just make your lack of consent clear, and then let your attorney be the one to attack the unlawful search in court.

AN ATTORNEY HAS SHOWN ME A LONG LIST OF HIS POSITIVE RESULTS. SHOULD I BE IMPRESSED? - I wouldn't be impressed unless they showed you ALL of their results - not just the results they selectively chose to share with you in an effort to get your business. Almost any attorney who regularly practices criminal law can cherry pick their positive results and give you a list that looks impressive at first glance. If an attorney wants to show you one of these "positive results" lists, either in person or on their website, ask to see a list of ALL of their results. It's like someone trying to sell you a house, but all they do is show you the freshly painted front door. You wouldn't buy a house wtihout getting a look on the inside, would you?

CAN YOU GET MY CASE DISMISSED? - Maybe. Obviously it depends on the facts of your case. You may have already seen a long list of dismissals on other attorneys' websites. However, those websites do not explain where the overwhelming majority of these dismissals originate:

Here are the 3 most common reasons a case gets dismissed:

(1) The defendant is charged with multiple offenses resulting from the same incident (or within a very short period of time), and pleads guilty to one or some of the charges in exchange for a dismissal of the other pending charges. Often times, the charge that the defendant is pleading to is more severe than the charge that was dismissed. This is not always the "positive" result a client is looking for.

(2) The State had probable cause to arrest, but simply lacks the evidence to go forward with the prosecution of the case. This can happen for a number of reasons, including but not limited to: improper searches, victims who decide not to press charges, or even a simple case of mistaken identity.

(3) The offense was a relatively minor crime (DWLI, Possession of Drug Paraphernalia, Criminal Mischief), it is a first time offense, full restitution (if any) has been made, and it just would not be in the interest of justice for you to get stuck with something unfortunate on your record.

Typically, if none of these circumstances apply, the chances are close to nil for an outright dismissal. If a lawyer indicates that he or she has a long track record of dismissals, ask yourself what this really means for your case.

HOW IMPORTANT IS IT TO HIRE AN ATTORNEY WITH EXPERIENCE? - In my opinion, it is not important at all. What is important is how hard your attorney is going to work on your case. What good is all that experience if the attorney does not have the time or stamina to work on your case as diligently as possible? Besides, you don't know if that experience is delivering good outcomes, or just mediocre outcomes. Every attorney will come across a case unlike one they have seen before. What matters is how the attorney prepares for and adapts to that case.

 

Disclaimer
While we make reasonable efforts to maintain accurate information at this Web site, omissions or errors may occur.  We specifically disclaim any liability resulting from use of any information contained on these Web pages. The information you obtain from this site is not, nor is it intended to be legal advice, and no attorney-client relationship is or can be formed. You should consult an attorney of your choice for legal advice specific to your own factual matter.