Just how far should you Fight Your DUI in Court?
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Topic: Fight Your DUI in Court
Written by Beverly Hills DUI Attorney Dana Raz
Posted: October 16, 2007
Should you risk taking your case to trial or attempt to resolve it with a plea bargain and a lower charge? That depends on the case. Quite recently, I had a case where my client was charged not only with a Los Angeles County DUI, but also with endangering a minor, his 15 year old brother, who was also in the vehicle at the time by driving while intoxicated.
The Los Angeles City Attorney’s Office wanted 20 and 30 days jail time on each charge, including all the other programs, fines and obligations that went along with a DUI. However, in this specific case, my client was not pulled over, not seen driving, but was observed by the officer just sitting in the driver’s seat making a phone call, after the vehicle had collided with a fence, while his minor brother was sitting by his side in the passenger seat. Both informed the officer that the minor was driving at the time the vehicle collided with the fence as his older brother was intoxicated and unable to drive.
If you were not driving, you cannot be charged with a DUI. I took this case to trial. I had the minor ready as a witness and intended to have my client testify also. On the morning of trial, the prosecutor was informed that we were ready for trial, both witnesses will state who was driving, and that we will state that the officer’s opinion of the matter due to the surrounding circumstances was incorrect. I then managed to negotiate a plea bargain with the prosecutor which involved one excessive speed charge, no alcohol program and no Los Angeles County Jail time whatsoever.
Bottom line, there are some instances where you should seriously consider taking your case to trial, since sometimes the ramifications of losing at trial are not that different from what you are facing if you don’t go to trial…and there is always a chance at a good resolution of the matter when the defense announces ready on the morning of trial.
