Mistakes to Avoid San Diego Mistakes to Avoid DUI
Not requesting a DMV Hearing within 10 days.
A DUI case is actually two cases in one: a criminal case and a civil "administrative action." Once you have been arrested or "cited" for a DUI, it is your responsibility to request an administrative hearing. You are officially notified of this requirement on the back of the "pink paper" however, this is often missed by drivers. A DMV hearing can often be the single most important part of a DUI case, and failure to request a hearing results in automatic suspension. Most likely about 50% of those arrested for DUI miss this very important deadline.Making assumptions - like thinking that if the Breath Result Is Greater Than .080, The Case Is Lost.
This is the single greatest error made by uninformed defendants. Breath machines can be very inaccurate. Errors are made in procedures everyday. Don't assume anything, good or bad.Not putting it in Writing.
While the event is still fresh in your mind, write down everything you remember. This will help both you and your attorney sort through the case. If your case goes to trial, it might be up to year or even longer, so the details may fade.Gathering your evidence.
If you have witnesses make sure you have their contact information. These can be people who were in the vehicle with you, people who saw you drinking (or who served you), or passers-by who witnesses the field tests. If they are willing to make a written statement, have them put their memory of the events down on paper.Hiring a DUI lawyer based on the amount of the fee alone.
The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest. However, you need to be aware of those firms that charge you the "all inclusive fee" which includes jury trial.Hiring a Law Firm where you DONT meet the actual attorney who is doing the advertising.
If you can't speak directly to the attorney who is doing the advertising then you automatically know that some other attorney will be assigned your case - but who......... the brand new lawyer who just passed the bar exam? There are over ten thousand lawyers in San Diego and all of them will take your money from you. How do you choose? I recommend that you personally meet (or at least speak to over the phone) the attorney who has his/her name on the website or advertisement. So if the website says Michael Richmond then speak to me. If is says Pacific Law Center you need to speak to Robert Arentz. Regarding pacific law center see this: PLC ArticleFailure To Call a exclusively DUI lawyer.
Most people distrust lawyers. I know this. Why? Because most lawyers will say anything they can to get money out of your pocket - without regard to reality. Due to the complexities of a DUI case, it is generally never a good idea to call a family law practitioner.Failing to appear in Court.
The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.Falling for the recent "list of victories"
Here is a list..........21 Not Guilty .23 Not Guilty .09 Not Guilty
Do you know if it is real? Or just some list I typed up? If you speak to an attorney who uses this method of advertising ask them to "prove it" before you hand them $5,000.00.
Attorney at a Glance
DUI / DMV / DWI Only
N.A.C.D.L.
Over 600 DUI cases defended
National College for DUI Defense
CA DUI Lawyers Association
CA Attorneys for Criminal Justice
Better Business Bureau Member
Breath Machine Certified Operator
Breath Machine Certified Tech.
Field Sobriety Training Course
Sample Testimonial "F5" to view more
Dear Michael, First of all let me thank you from the bottom of my heart for taking my case and helping me through all this. When I first talked to you I thought that all was lost. But even during our very first conversation you made me feel so much better about my whole DUI situation. Having dealt with other attorneys, I really appreciate your frankness and honesty. I felt confident in your services from the very beginning. Please know that I will refer everyone I know who gets a DUI to your office. Thanks again for such a wonderful job!
F.H. (02/26/07)
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