I am being charged with felony dui casuing serious bodily injury. Is my public defender helping me or the prosecuter?

DUI 3 views 7 answers
A guy that was riding in the vehicle with me in the backseat got a t-12 chance fracture in his back. The accident was on 10/18/2014 and i did a pbt and blew a .013. The "victim" is now in the marines, he left for bootcamp in Feb. 2015. As far as i know he doesnt want anything to happen to me hes not mad he just wants to move on from it. The prosecutor has charged me with dui ser bod inj and my case was started in Nov. I feel i have a good shot at beating this case considering the circumstances and my public defender seems to think i dont. Prosecutor keeps delaying trial because the victim is in bootcamp and cannot testify. I was told by my public defender the prosecutor would move foward w/o the victim and now he wants to wait. I dont know what to do.

Attorney Answers

7
Rima Bardawil ·
I think this is a serious matter and it may be worth your time to consult with an experienced DUI Attorney in your area and see if you think they can better handle your case. Someone who has a good track record and actually goes to trial. I cannot comment on how good or bad your PD is as I don't know all the details of your case. However, I think this is your future and you should not take a gamble. Speaking of this, please learn from this and don't drink and drive anymore. Not only is it very dangerous, but your second offense will be a much more serious issue that will effect you and possibly others for the rest of your life.
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Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Ironically, the prosecutor is helping, as delaying your case is a good thing. The reality is that this is too serious to leave in the hands of some half-wit PD, so get an experienced criminal lawyer.
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Jared Austin ·
Why do you think you can beat it? Only a lawyer with substantial experience in defending DUI cases, particularly ones involving serious injury or death can make that determination after reviewing all the discovery. There are a lot of variables with these type of DUI cases including the police reports, breath machine maintenance and calibration records, blood draw procedures and chain of custody, medical reports, etc. These cases are serious and prison is very likely if you don't have great representation. Prosecutors rarely offer plea bargains in this case and won't unless they have to. The Ingham County prosecutor is notoriously tough on drunk driving, especially felonies. Look for a lawyer that makes DUI defense a substantial part of his practice. One that is familiar with Ingham County the better. A lot is at stake here. Investing in an experienced OWI lawyer is the best thing you can do.
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Valarie Mcneice ·
A .013 is significant. That is enough to convict you if the prosecutor has the evidence. The prosecutor may be able to get evidence in about the injuries even with out the victims testimony. If you are not comfortable with your attorney's advice, get a second opinion. Being a public defender is no indication of how good or bad an attorney is at their job.
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Daniel Melican ·
Don't post info online! Get three other opinions from the best Criminal/ OWI attorneys you can find/afford. Some of the best criminal attorneys do court appointments. Your attorney doesn't help the prosecutor. It doesn't sound like the prosecutor needs any help. The seriousness of the injury may be an element of the case to be evaluated/disputed but I would not put quotation marks around the word victim in communicating about this case as it doesn't convey the right message. Thanks.
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Becket Jones ·
If you are unhappy with your lawyer, you can always retain private counsel. Your belief that you have a good shot at beating it is realistically unfounded. Public Defenders know what they are talking about generally speaking. You may have a good shot at beating it, but whether your friend / victim doesn't want you to get in trouble is largely irrelevant. When push comes to shove, if he testifies, then the prosecutor is going to draw out of him that he suffered a serious bodily injury, which realistically will be backed up by medical diagnoses / reports (and if the prosecutor is prepared, than I assume a MD will likewise testify to the extent of the injuries). Again, its not to say you don't have worthwhile case to take to trial, but I would be cautious about making assumptions about the strength of the case, unless you have some experience in trying a case to a jury. I agree with one of the responses on Attorney Michael Nichols. He is an excellent attorney on controlled substance / alcohol related driving matters of all kinds. He is beyond well versed in the statutory laws, and more importantly the case law related to the nuances of an individual case. There are likewise many other high quality OWI / criminal defense attorneys in Mid-Michigan to choose from, including one of the responders to this question - Mr. Jared Austin. Best of Luck.
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Robert H. GermanDUI / DWI AttorneySpring Lake, MI ·
Public defenders are attorneys who are paid by the court. Some are full time defenders and others are court appointed because there is not a public defender office in your county. If it was me in your position, I would find money somewhere because of the penalties associated with a conviction. I do not see a way for the prosecution to try the case without a person to testify, but you never know because each case is different from the next. If you are not comfortable with the advice you are getting from your lawyer, talk, not email or text, other lawyers who focus on OWI Defense.
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