In their initial interview, most of our clients state that "they know what they did is wrong, and they just want to avoid jail and get their license back as quick as possible..." but they go on to state "I know there is really nothing that can be done for me, no one can beat these cases." There are many different reasons that people have this belief, and it is unfortunate. It leads to many people going into court at their first appearance and pleading no-contest or guilty to a case they might have been able to beat, or at least received a reduced charge.
While we at Patituce & Associates do not consider our defense strategies basic by any stretch of the imagination, even the most basic strategies can help our clients receive the results they deserve.
The above are just the basics on how defense strategies pay off for our clients. In our opinion, the two most important pieces of DUI defense are the video from the dash camera and the logs relating to the breath test.
Here's why: police officers often overstate, even accidentally, your performance on the test.
It happens all the time. We will review a police report and say "Wow! Sounds like you were intoxicated." The police report will say things like "slurred, slow speech, poor balance, etc." but when we go to the video, we see our client speaking normally, not losing their balance, and performing the test well. We like to argue in court, and have done so successfully, that a police officer might lie but video does not. That's why video is important.
We are shocked that there are attorneys out there who do not actually go to the police station and review the logs that relate to their client. Recently, we sat in court and watched a lawyer who was a police officer for decades plea their client to a first offense DUI at the arraignment. This attorney did not go to the police station and did not review the records. What was outrageous was that we had a case out of the same police station and knew, because we had examined the records, that the machine was defective. The result? Our client agreed to take a reckless operation and received a $50 fine plus court costs. They got their license back that day. The other attorney's client? They received 3 days in jail and 3 days at a driving class. Not the best result.
If you need help, give us a call at (440) 709-8088 for a pressure free consultation. We are available 24 hours a day to help you, and we would honored to help with your DUI defense.