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Got aclawyer I though was good for DUI but didn't do much at DMV hearing
Anonymous2 views4 answers
I had a .08 BAC and after looking at police reports sand there was nothing that could be done and that I will pro ably get my license suspended. Did not subpoena the officer to the hearing. Should I consult another attorney to handle the court proceedings?
If you don't feel comfortable with your attorney, then you should speak to another attorney or two to handle the criminal case. That being said, just because you have a .08 BAC does not mean you will or can automatically win a DMV hearing (and just because your BAC level is higher than .08 does not mean you will lose your DMV hearing. Sometimes subpoenaing an officer to a DMV hearing is a good idea, sometimes it is not. A lot of variables in DUI cases.
The DMV hearing can be a great opportunity to examine the police officer outside of a regular court environment. In many cases, we have gathered information at the DMV and used it in negotiations with the District Attorney or for impeachment at trial. The only downside to calling them to testify might be in a case where the officer made numerous errors on the reports that would be clarified or "cleaned up" if the officer was called in.
The question of whether or not you should hire another attorney to handle the court proceedings can only be made by you.
Without more information, it is really impossible to tell. I would tend to be concerned if my attorney told me, "there is nothing that can be done," but I'm guessing there is more to the situation.
In the end, if you aren't satisfied with you attorney, you can certainly hire another one. It's probably time to sit down with your current attorney and have a thorough discussion of the situation.
