4 Factors That Affect Your DUI Defense
You pay your attorney for more than filing paperwork and standing in court; you pay for expertise, some of which is gained through training in law school, whereas some can only be acquired through courtroom experience. For instance, there are many factors that a seasoned defense attorney takes into consideration when deciding whether to pursue a plea deal or take a case to trial.
These factors change state to state and even county to county, which is why you should always select an attorney with experience in your area. If you are in need of a Fort Myers DUI defense attorney, call us. At the Law Offices of Michael M. Raheb, P.A., we’ve represented hundreds of clients in southern Florida courts, so you can count on us to provide you with tested, relevant legal advice.
To schedule a free consultation with Mr. Raheb, call 866-949-0888.
1. The Arresting County
Based on the county where you will stand trial, your attorney can make assumptions about the judge and jury in your case. Some counties are generally conservative and are more likely to convict defendants and subject them to harsher penalties. In other counties, juries and judges tend to be reluctant to convict defendants or pass down harsh sentences. Your attorney may be able to use this information to negotiate a plea bargain with the prosecution.
2. Prior DUI Convictions
According to the Florida Department of Highway Safety and Motor Vehicles, the court has full discretion over the length of imprisonment, but the chances of jail time increase drastically if it is not your first DUI conviction. The same goes for length of probation, amount of fines and duration of license revocation.
3. The Arresting Officer
Certain police officers have a great deal of experience testifying at DUI hearings. These officers are often very knowledgeable about DUI laws and know exactly what to say. However, some officers lack experience or training in DUI cases and cannot clearly explain their reasoning behind a DUI arrest, which may affect the jury’s decision. In these cases, going to trial is often preferable.
4. Test Results
The results of any breath, urine or blood testing will certainly affect your case, but your behavior during the arrest and testing process can also play a large role. If the officer recorded the stop and you appear flustered or upset on video, then the jury tends to assume you were drunk; however, if the recording shows you performing well on roadside tests and interacting in a polite manner with the officer, the jury may doubt that you were intoxicated.
Although an experienced attorney can identify and use some of these factors, there are no guarantees when it comes to a DUI case, so it pays to find an attorney who can think on their feet and adapt to changing situations. If you are ready to speak with a reliable defense attorney in Fort Myers about your case, call us at 866-949-0888.
