Posts Tagged ‘trial’

Felony DUI trial victory

November 2nd, 2009

I just finished a grueling trial last week on a felony DUI. My client had been accused of DUI and refusing to submit to a breath test as well as stealing a car. My kid was looking at at least 2.5 years in prison if he had been convicted of the crime.  It was the greatest feeling to hear the foreman of the jury say the two sweetest words in the english language: Not Guilty!

Sometimes you can just look at a DUI case and figure that it is going to trial no matter what. Sometimes the facts of the case will dictate that direction while other times it is the client’s personal circumstances. Either way, you must always be prepared to take the case to trial. This isn’t poker. Bluffing gets you nowhere except a poor result. If the DA even suspects you are bluffing or that you never follow through with your assertion that you will try the case, chances are your case is going to fold and you, the client, will be left holding the bag.

Choosing an experienced trial lawyer is the key to the successful outcome of your case. Let’s face it. When life gives you lemons, sometimes you have to just make lemonade. If you hire the attorney who tells you “don’t worry, I know the DA”, or “I’ll get you a good deal”, you have just made a big mistake. There is nothing wrong with trying to angle a deal in a DUI case. However, deals don’t just grow on trees. They are earned through hard work and preparation as well as a time-tested reputation. It is better to negotiate with the point of a sword than it is to do it from your knees.

Don’t make the classic mistake of hiring the cheapest attorney or the attorney who will tell you what you want to hear. Rather, hire the attorney who you feel will most likely get you the results you want in your case.

Maine DUI trials – does the chemist have to testify?

October 12th, 2009

In a Maine DUI case involving a blood test or a drug test, the State must produce the chemist who tested the blood or urine for alcohol and drugs.  Recent US Supreme Court case law mandates that the State must prove this portion of the case through live testimony.  Previously, the State could rely on a chemical analysis affidavit alone.  However, the US Supreme Court decided that the Confrontation Clause of the US Constitution mandates live testimony.

So why is this important?  Because that means there is one more step that the State must take to try and prove their case against you.  One more step that they can be tripped up on.  One more thing to pile up on an ever increasing workload.  All of this equals additional strain and work on the DA which means a higher likelihood that a good plea offer may be more likely or that the State will have a difficult time scheduling or preparing their expert for trial.

Remember the maxim of the trial lawyer… Those who expect a trial and prepare for trial, win the trial.  Those who expect a plea and prepare for a plea merely plead their clients guilty.