The 7 Biggest Mistakes Monterey and Salinas DUI and Drunk Driving Defendants Make
Having been a prosecutor, a public defender and a private dui defense attorney in Monterey and Salinas for several years – the following comes from a significant number of hours in the courtroom.
I don’t believe, if you are guilty or not-guilty of a DUI, that you are a criminal – you may have messed up, but that doesn’t make you a criminal…don’t be treated like one.
1. Waiting too long to hire an attorney
After their arrest for a DUI a lot of people put their head in the sand. This can be out of fear, anger, confusion, or any other number of emotions. One of the biggest is embarrassment and they don’t want to be judged by their family or friends. They think is will all go away if they do nothing. In fact, the opposite it true, the case usually can only get worse if nothing is done. I’ve seen way to many case where the person could have saved their license had they acted immediately.
One case I’m personally aware of, had the person not contacted an attorney, the evidence to prove the accident was not her fault would have been destroyed. Remember these things:
Time is a tool, it can be used to either help you, if you act, or hurt you, if you don’t act.
The harm that comes with waiting to hire an attorney can only magnify as time passes.
Witnesses in your favor may start to forget, you might start to forger, or the actual scene of the arrest may change over time (especially if construction is going on). Sometimes, witnesses even disappear.
You may be asking, “When should I hire a DUI lawyer?”
The answer is easy: “Immediately”. The reason is simple, the sooner you act, the better chance you will have in getting the best DUI defense.
2. Not taking the matter seriously
People don’t realize that even on their first offense they may have to take a 9 month DUI class, when they could have taken just a 3 month if they had good legal representation (this is a savings of 6 months of class and tuition).
They also don’t realize that they may have to pay to have an ignition interlock device on every vehicle they own – this can be very expensive and embarrassing.
Finally, besides losing a license on a first offense, the additional insurance rates alone could cost you thousands of dollars. Also, in California will be used as a priorable offense if you receive another within a 10 year time period.
Also, it can have an impact on any professional license (nurse, teaching, etc.).
Finally, a DUI can impact you if you ever want to visit Canada. You can and usually will be prevented from entering Canada for business or pleasure.
3. Not hiring an “ knowledgeable ” and “local” Monterey or Salinas DUI Attorney / Lawyer
I concentrate on Monterey and Salinas DUI cases, although my clients are literally from all over the world. California DUI laws are complicated, and the tools, techniques, and laws in defending DUIs are constantly changing. Locally the players are constantly changing in terms of judges being reassigned, new prosecutors coming and going, and practical defenses evolving which work locally. That is why it imperative to find a local lawyer who stays on top of the current DUI laws, trends, and what occurs in the Santa Cruz and Monterey Courts everyday. I am that lawyer.
Here’s a KEY, I concentrate my Continuing Legal Education on DUI specific seminars, rather than general criminal law issues (here’s a trick to find out if your attorney may be over extending themselves on doing every type of case – ask them if they are on the alternative public defenders list-this means they usually have to do all areas of criminal law and don’t have the time to concentrate – no matter what their marketing says-on just DUI.)
4. Not taking full advantage of your rights, under both the United States and the California Constitution
I see this regularly occurring when people try to handle the case on their own or worse yet, hire an attorney not well versed in DUI laws (I can’t tell you the number of family attorneys or friend attorneys that walk in and get terrible deals for their clients because they are not significantly experienced in DUI cases).
Here are a list of rights that may be impacted:
•Constitutionality of the stop
•Constitutionality of the arrest itself
•Constitutionality of the Miranda rights (what’s left of them)
•Whether the Field Sobriety Tests are legal and valid
•Whether the breath test is admissible
•Constitutionality of any search and seizure
•If there is a refusal allegation, whether is meets the legal requirements
5. Failing to appear in Court
Many people think that not showing up in court just means more paperwork, where in fact it can actually mean arrest. We get calls all the time from people that are arrested picking their kids up from school, or rolling through a stop sign.
If you, or an attorney on your behalf which agrees to show for you does not, the Judge will issue a warrant for you to be arrested and forfeit any bond you may have posted.
The next time you are stopped for a basic traffic ticket, you will be spending some time in jail and posting a bond for your future appearances, usually a very high bond. Also, we’re seeing more people arrested at airports.
6. Thinking that by talking to numerous attorneys you will then be able to handle it on your own
This is a biggy, and I see two things happening from my time watching people attempt to do this is court.
First, you need to have an attorney to go in front of the Judge for you. There is no way around it. It has been said that “an attorney who represents themselves in court, has a fool for a client.” (yes, I’ve even seen local attorneys lose their own personal DUI cases and their right to drive).
Second, they think they will go to court with an explanation – common is “I was only a few blocks from home”, or “someone else was driving my car when the accident occurred”. These don’t go over well.
You must have a knowledgeable DUI lawyer to present your facts for the best outcome possible.
7. Pleading “Guilty” to the DUI to get it over
“I’m guilty”, so I don’t even need a lawyer” is the type of call I get all week long. Or, “I just want to get this over with – do I even need a lawyer?”.
“YES!” My career isn’t simply to prove innocent people innocent, and it’s not to simply get guilty people “off.”
I am here to insure that you are treated with respect and dignity throughout the whole ordeal and get you the best outcome possible, ESPECIALLY if you are guilty.
Many times a small nuance can save a job, or a long time in jail or work alternative (similar to community service) – why would anyone want to do 60 days community service at 8 hours a day when they might have been able to just do 10? Or take a 9 month DUI class when they may only have to take a 3 month with a little strategy?
You must know and understand all your options before you make decisions that are going to have such a long term impact on your near and far future.
Just remember that if you plead guilty, you have a 100% chance of being found guilty.
The bottom line is that even if you are guilty, you should have a good DUI defense attorney in your corner to insure you understand your options and are treated correctly.
I don’t believe that you are a criminal – you may have messed up, but that doesn’t make you a criminal…don’t be treated like one.