Found an issue on this page? Let us know and we will look into it as soon as possible.
DUI. Do I have other options?
Anonymous6 views7 answers
Hi. I need some advice on a matter. I was pulled over in doraville, GA for DUI, wreckless driving, failure to maintain lane and speeding. I was 0.12 on the breathalyzer. As far as the cop was concerned he even told me that I should only get"done" for wreckless driving. Well it's been 3.5yrs of postponing the case to see if I can get a lower charge and even as far as moving the case to another county. I'm not a habitual drinker at all, I'm a family man with three kids and another on the way. That evening I went out with some work friends and I got pulled over. I've since had a drug and alcohol evaluation and also a psych evaluation. I scored the lowest on both and they said I am definitely not a "candidate" for DUI. I don't want a DUI but my lawyer says that's it. What are my options?
Most likely your lawyer is telling you that the prosecutor is not willing to reduce the charge from DUI to Reckless Driving. Therefore your options are to accept whatever offer has been made by the prosecutor or take the case to trial if you and your lawyer believe that would be in your best interests. Keep in mind that there are potential risks associated with a trial and you should thoroughly discuss this with your lawyer. Any time you are charged with a DUI, you need to make sure the lawyer you hire has substantial experience defending DUI cases specifically.
Amanda Michelle GranthamCriminal Defense AttorneyAtlanta, GA ·
The 2 previous attorneys have said it all. I write only to advise that you should have a long, in-depth conversation with your lawyer about the risks of both trial and a guilty plea. If you trust your lawyer, you should follow their advice.
Oh, and by the way, while you are there with the lawyer, ask him to see the video, the photos he had taken of the scene, the theme and theory of his initial defense and any opinions he has from any experts witnesses he has who have reviewed the case. By the time he has come to the conclusion to plead guilty, most all of that should be in the file. Then again if the file does not contain items of this nature, you might look at just the over-all size of the file he has sat down with. If it's a paper file measuring less than a couple of inches thick, well maybe there was never a real intention to develop a significant defense to begin with. This observation often follows a real "bargain" of a fee and confident assurance to you that knowing the prosecutor or the judge was his strength. All of the above lawyers gave you real good advice.
Because you are represented by an attorney I cannot give you any legal advise concerning the pending DUI charge. However, it appears that you have several options based on the information in your question: 1) Just roll over and take a Conviction on the DUI and whatever punishments the Court doles out to you and hope it doesn't affect your Job/Marriage/Insurance etc. (I don't recommend this option at all.) 2) Talk with your attorney to find out the reasons that he/she believes a DUI conviction is inevitable. If you are not satisfied with the answers you receive, then 3) Consult with and retain a new DUI Defense Attorney that is the best DUI Attorney that is available to you! Unless you are independently wealthy and don't need to work and aren't concerned about being able to drive or how much your insurance (Car and Life) premium is - you can't afford to simply enter a Guilty Plea to a DUI without at least exploring every possible defense that is available to you!!! I hope this information is helpful. Good Luck!!! George McCranie IV
Your lawyer would know more about your case than anybody on . That who you should be seeking advice from.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616
I agree with other answers on this thread, but would like to ad just this: Although you have some opinions as to prehaps not being an alcoholic, you've done well on a pysch evaluation and you are a family man with children, all of this is not revelent, unless you have successfully filed ad won a motion to suppress. And as far as the offcer saying that you're likely to get a reckless driving out it, don't be surprised if he testafies te did't say that and your were itoxified and may have thought that. I don't want to be a prophet of doom, but ifI could get every .12 DUI client a reckless based on what you have recited to us here, I ould have retired rich many years ago. In any case good luck, and if your attorney has been able to get your case reset for 3.5 years preghaps you need to talk with him again after reading these insights to your case.