Wednesday, June 1, 2011

Last three DUI case results

I typically don't like to post results of DUI cases when the DUI charge gets reduced to a lower offense.  I have noticed some other DUI attorneys do this, as if its a notable accomplishment.  And to be honest, it is good when a client can avoid a DUI conviction.  However negotiating with a Prosecutor is just part of our daily practice, and getting DUI charges reduced to lesser offenses is just a regular day at the office.  I save the posts for when a DUI gets dismissed, or a client gets found not guilty at trial.  Those are the types of results to write about, NOT getting a DUI lowered to a Neg 1.  Thats rookie

Anyway today Im going to break my rule and discuss the last three DUI case results I have had.  Not to brag about the end result, but to show its possible to get a DUI charge dismissed without litigating it at trial.  The last three DUI cases I have resolved have ended in deferred sentences.  What a deferred sentence is where a person will plead guilty but the Judge will not impose a sentence.  Then if the person stays out of trouble for a period of time, they come back before the Judge and take back their guilty plea, and the charge gets dismissed.

So what happened with my last three cases.  In 2 of the cases the DUI charge got reduced to Negligent Driving 1, in the other DUI case the DUI was dismissed completely and the charge was refiled as a Negligent Driving 1.  Which in and of itself is a good result.  However I was also successfully able to negotiate with the Prosecutor to recommend a deferred sentence.  Meaning in two of the cases the charge would be dismissed in 1 year, and in the other case the charge would be dismissed in 6 months.  This would allow the client the benefit of keeping their record clean, and avoid a criminal conviction which would could negatively affect their lives.

Remember there are lots of creative ways to avoid a criminal conviction, and having a DUI attorney that understands this goes a long way in making this possible.  If you have been charged with a DUI and you're looking for a DUI attorney, please contact my office immediately to set up a free 60 minute consultation.

Leyba Defense PLLC  

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