WHY DID I LOSE MY DUI CASE?
May 16, 2018
The back of my business card states:
Upon advice of my attorney, Dale Gribow, I exercise my Right to Remain Silent until you contact him at 760 565-0533 email@example.com.
My attorney has advised me the VOLUNTARY Field Sobriety & Breath Tests, at the scene, are OPTIONAL (unless one is on probation). Thus I elect not to take them.
I want to cooperate and am happy to take a BLOOD TEST.
You, are probably the reason you lost or will lose your DUI case by not following this advice, and not knowing the following 10 ways to lose your DUI.
Silence is Golden and Handcuffs are Silver. No matter what you say the police are not going to let you go. Unfortunately It is not only what you say BUT what the officer THOUGHT HE HEARD YOU SAY. Remember the officer does not prepare the report until s/he goes back to the station and thus often forgets facts.
Don’t hire a DUI lawyer from out of town. Though competent, they will not know the local Judges, DA’s and court personnel (clerks and bailiffs) and procedures. Most cases do not go to trial so it is important to know and be respected by the local court.
Take down your Social Media/Facebook until the case is over. Social media is the biggest advance for DA’s, who no longer have to leave the office to investigate a driver.
Have your LOCAL CV ATTORNEY call DMV within 10 days and request a STAY, which freezes the suspension until a DMV hearing determination. Thus will save your license, which would otherwise be suspended 30 days after your arrest, for 4-5 months, as stated on the Pink slip (Temporary License) you received.
If you completed a chemical test, the issues are of constitutional rights at most hearings. A Refusal will be used to prove guilt. You must explain refusals to win. Do not try this alone as hearing officers are both judge and prosecutor and are trained to cross examine you.
Remember the DA has the burden of proof to prevail on all issues or refusal matters. If the DA meets the burden of proof on only part of the issues, you win as set forth by the law.
A DUI creates 2 separate proceedings - the court and the DMV hearing. The outcome of one does not necessarily affect the other.
At a DMV hearing there are only 3 issues after you completed a Blood or Breath test. They are set forth on the back of the DMV paper you received. The main issue is whether the officer had probable cause to stop or contact you and whether the chemical test is beatable.
The DMV hearing is an Administrative PER SE Hearing and if you have a .08 or higher you are per se guilty in their eyes. The burden of proof then, in essence, reverts to the driver to prove they were not guilty. They don’t follow the same rules as the court and DMV wins 90%.
We don’t want our clients at DMV hearings because most are arguments over evidence, not facts. If the driver is present, the hearing officer can call them to testify under oath, over our objection. The hearing is taped so the driver’s statements can be used against them in a court trial. Pleading to the hearing officer for your license because you have never been arrested before or because you are a wealthy philanthropist, who has never had a ticket, will do no good. The hearing officer may pity you but they will still take your license. Hearing officer have no authority to “plea bargain” or deviate from the statutory penalties.
“Though I am sometimes referred to as a DUI criminal defense lawyer, I choose to not view my clients as "criminals". I prefer to view them and more importantly to treat them as good, honest people that have found themselves in a scary and unfortunate situation.”
I look upon my job as protecting the Constitutional Rights of every American who drinks and drives and gets arrested for a DUI.
I do however “Change Hats” when I SUE Drunk Drivers for damages to my Injured or Deceased (Wrongful Death) clients.
PLEASE DON’T DRINK AND DRIVE OR TEXT, CALL A TAXI, UBER OR LYFT………IT IS A LOT CHEAPER THAN HAVING AN ARREST OR ACCIDENT AND CALLING ME ………SO DRIVE SOBER OR GET PULLED OVER