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Are DUI charges more severe if you move to trial opposed to a plea in court? I'm represented by a P.D who advised against trial
Anonymous3 views6 answers
DUI arrest in June 2012, CHP video shows no traffic violations as documented on police report or supporting officers testimony about the reason to stop, however judge denied our motion and advised the prosecuting attorney to offer a "wet wreck less" since the video shows driving properly and no traffic violations (no priors, 1st DUI charge) if faced by a jury. Is it possible to argue against the "pulling over" in trial or was that my one opportunity at fighting these charges? BAC was .13 through blood test and .12 on breathalyzer )and probably why P.D doesn't want to proceed to trial. Advice is appreciated.
First of all after trial typically the sentence is more severe as opposed to pleading out prior to a trial. That being said it appears that your trial court judge has indicated that he believes there are facts and circumstances in your case in your favor that's why he suggested that the prosecutor offer you a wet reckless.
Your lawyer can renew their motion to suppress for no basis for the traffic stop in trial but that is a legal argument. That's not something that would be argued to the jury to get your case dismissed rather it may be an argument that you were not impaired.
Two things are in your favor. One the judge appears to be not impressed with the states case. Secondly as the trial date approaches the prosecutor may take the advice of the judge and offer you a reckless driving disposition.
Best of luck.
Curtis Lamar Harrington JrTax LawyerLong Beach, CA ·
You wrote "CHP video shows no traffic violations as documented on police report or supporting officers testimony about the reason to stop"
Now if I break this down, I understand SEPARATELY that you did a motion to suppress?
and that:
(a) no traffic violations on video;
(b) nothing on video? to support "testimony about reason for stop"?
If there was a reason for stop and there was evidence (testimony of the officer) and the PD took him on cross and was not successful? to suppress?(assuming it was your motion), then you need to possibly think about:
(a) whether the suppression was fully developed at trial and whether it can be developed further for appeal
(b) hiring a really excellent attorney with the full monty of experts.
DUI is a question of impairment.
Having a trial is about going before a jury.
Without experts, there is NO ONE to make the link between impairment and the BAC level (and thus illustrate doubt).
The blood test is pretty solid, and breathylizer is less so (due to many factors).
The point is that if you really want to fight this, you need a really good lawyer who will hire REALLY GOOD experts.
Here is an example. I am a chemical engineer and can go on all day about testing error, but as a lawyer I can't testify about it. I can only get data and facts and DOUBT into evidence through an expert. Its not enough that the lawyer knows it, but the expert has to tell it to the jury.
A good lawyer plays to win. Winning is its own reward. You think your PD will spend $5k on a primo impairment pharmocological and breathylizer expert and play to win?
This is just a question of whether you are willing to invest to keep your record clean.
Remember, a PD does a good job at the perfunctory stuff. But they are in front of the same judge every day. If a PD were to go hard core and spend what is needed and try every case, and set out to win every case no matter what, what do YOU think the outcome would be in terms of his working relationship with the judge and DA?
DUI needs to be kept off your record. One of my kids bosses had a DUI and thought he'd fly to Canada. OOps! Prior DUI action --> denied airport entry.
Does what I have said make any sense?
You should listen to your lawyer. Have him/her explain to you why this advice is being given. No one here knows your case, your judge, and your prosecutor like your own lawyer.
If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others.
Thank you.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.
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I can only assume you are being represented by a PD as a last choice, and as a result of limited financial resources. As discussed, mounting a defense can be a considerable cost if done correctly. Without investing in your defense, the option of trial is likely a loosing proposition. You risk the harshest punishments by taking the matter to trial, and unless you are willing to really Lawyer Up and get some experienced experts on your side, your best option may be to simply listen to your PD.