While there are occasions in which it may make sense to plead guilty as charged, this is rarely the best option on a first offense case.
Seattle, WA (PRWEB) February 12, 2014
In a recent blog post, Dan Gerl explains why arguing motions are so important for individuals facing DUI charges. “While there are occasions in which it may make sense to plead guilty as charged,” Dan states, “this is rarely the best option on a first offense case – and certainly not without arguing motions...”
Dan goes on to give real life examples in the form of stories from his own career. The first example describes an individual stopped by a police officer for speeding. During the court session, it was brought to light that the arrest for speeding and driving under intoxication was done during heavy rain. The officer was unable to confirm whether he knew if radar was effected by rain, nor was he able to estimate how far away the driver was when he clocked him. These details, while seemingly insignificant, were presented to the judge in such a way that prosecution failed and the case was dismissed.
“These details were only discovered because we had chosen to file and argue motions,” Dan says.
In Dan’s second real life example, his client had been stopped by a police officer after several traffic infractions. During the trial, Dan displayed that the officer had used blatant coercion to get the client to perform field sobriety tests, which are not required by law, but are up to the individual. Such confessions from the officer compelled the presiding judge to follow up with other questions for the officer.
“While the hearing is still underway,” Dan said, “after the valuable information gained and evidentiary issues raised, the prosecutions case is weak.”
Dan ends the post by posing questions that a client should be asking their DUI attorney, and questions an experienced DUI attorney should be asking about the case. In most cases, the article reiterates, filing and arguing motions will be of great benefit to the client and should always be explored. If your attorney isn’t exploring those options, perhaps you need to reconsider your choice of representative.
Gerl Law believes that everyone deserves someone that will fight for them. Dan Gerl, the leading attorney, is a former prosecutor with extensive knowledge of both the defense and prosecuting process. He focuses on DUI cases, which make up over two-thirds of his client base. He enjoys working with each client personally to ensure you have the best possible defense.
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