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]
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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 – I am well known in Cobb County and it would be very embarassing for me if word of my DUI got out. I’m not convinced that I was really guilty, but I would rather just pay the fine and be done with this mess. Is there any way to take care of my Cobb County DUI without having to appear in Court. If not, is there any way to schedule my hearing first thing in the morning or in a Judge’s office?
Answer: All DUI’s must be disposed of in open Court. If you do not want to personally appear, you can give me Power of Attorney to handle your plea in your absence, including paying your fine and getting your probation set up. However, the first DUI sentence often requires the Defendant to serve a minimum of 24 hours in jail, and I will not do that for you. You’ll have to do the jail time.
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I am 19 and got arrested for DUI. Is the judge going to tell my parents about this?
Answer: That’s up to the judge. The law does not require it, but many judges will prefer that you have your parents with you when you finish your case, especially if you are still living at home and depending on your parents for food and shelter, and usually payment of the fine.
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I got stopped for DUI by a City of Marietta police officer. I heard that I can ask for my case to be heard in Cobb County instead of the City of Marietta Court. What’s the difference and what do you recommend?
There are many factors to consider when you are trying to decide whether to take your case to the State Court of complete it in the City court and you must talk to an experienced attorney who is familiar with each court in order to make the correct decision. Briefly, if you want to enter a guilty plea to the charge, you may want to enter into plea negotiations with the City Court. If you want to contest your case and have a jury trial, then your case must be transferred to the State Court as the City Court usually does not have the authority to conduct jury trials.
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I got arrested for DUI and I am guilty. I was drinking at a bar for several hours. What is going to happen to me? Is there anything you can do for me?
Answer: Yes, it is important to know your rights when negotiating a plea, and how you may avoid jail time. Remember, the Prosecutor and Judge are not there to advise you of your rights, and they frequently will recommend that you have an attorney to make sure that you are apprised of the consequences of your plea.
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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
