One of the most frequent questions I hear from clients has to do with plea bargains vs. trials. If there is a fundamental flaw with the evidence to be used against you, or if the State’s witnesses are weak, the State may not be able to prove its case beyond a reasonable doubt and you should consider taking your case to trial.
On the other hand, your case may be one where the State’s evidence is admissable and we may decide that a judge or jury trial may be risky. In such instances, we may be able to negotiate a favorable plea bargain to keep you out of jail or to other minimize the negative consequences of a DUI conviction.
What factors come into play when we negotiate a DUI plea bargain. There are no published statistics to answer this but DUI defense lawyers around the country generally find similarities in their experiences.
Ohio DUI lawyer Brad Koffel posted a list of the top ten risk factors that hurt his chances at negotiating a plea bargain. Brad’s list is not exhaustive but I agree with him that the more of these factors that apply in your case, the more difficult it will be to negotiate the most favorable terms of a plea bargain. Here are the factors that attorney Koffel identifies:
1. Car Accidents
2. Blood Tests
3. Breath Tests
4. Urine Tests
5. Video showing an impaired client
6. State patrol hotline calls about our client
7. Client or passenger statements tantamount to confessions of being DUI
8. Rudeness & belligerence towards police officers
9. The county the DUI arrest occurred
10. Prior Convictions for DUI
Rest assured that even if your case seems hopeless, my job as your DUI defense lawyer is to identify each and every weakness of the State’s case and to guide you regarding steps you can take to help your chances.
I have found that clients accused of the most serious DUI offenses need representation even more than first time offenders with limited alcohol impairment. I have yet to see a case where even a repeat offender with several of these risk factors does not have some redeeming character attribute that can help his case. I therefore urge you not to just give up if the case against you looks bleak.
[tags] repeat DUI charges Georgia, DUI plea bargain Georgia [/tags]
Filed under Georgia Courts, list, negotiate, ohio, Pre-trial actions, Punishment issues, repeat by 
In a gesture of appreciation to his fellow criminal defense lawyers, Guy Sharpe has published his Motion for Full Information on the Intoxilyzer 5000. Guy states that he frequently receives calls about this Motion and he has released it to the DUI defense community as a “thank you” to the many DUI and criminal defense lawyers throughout the State who have generously shared their expertise with him.
This Motion is for the use of criminal defense lawyers only and carries with it no warranties or guarantees of any kind. Attorneys who use or modify this Motion do so at their own risk.
[tags] DUI Motion, Intoxilyzer 5000 discovery motion, Guy Sharpe [/tags]
Guy, my 19 year old son was stopped last weekend in Fulton County and taken to jail. He has been charged with DUI, reckless driving, speeding and several other charges. I am scared to death that this mistake will follow him the rest of his life. Will this affect his college admission? job possibilities? What is the possible punishment?
Guy Sharpe’s response: The maximum punishment for DUI, which is a misdemeanor, is one year in jail and a $1,000.00 fine. Usually plea negotiations result in the lesser included offenses being merged into the DUI, such as reckless driving, speeding and others. The DUI record will always be there, so it could affect your son’s ability to obtain certain kinds of employment and may affect his ability to get scholarships to go to school.
[tags] Georgia DUI, Georgia DUI under 21, DUI sentence, DUI punishment [/tags]
Filed under dui, Georgia Courts, punishment, Under 21 arrest, under 21 dui georgia by
This is the first post for Guy Sharpe’s Georgia DUI defense blog. Your questions and comments are welcomed.
–Guy
Yes, lawyers and clients frequently refer cases to us.
Filed under Arrest issues, Blog, Georgia Courts, Intoxilyzer 5000 issues, lawyers, Police conduct issues, post, Pre-trial actions, Punishment issues, questions, refer, welcomed by
