As you may realize, it is impossible, unreasonable and unrealistic to
predict an outcome at this time and until a number of things happen:
A) we review and analyze all of the State’s evidence including but not limited to
the arrest report, the BAC test record (not just the breath
the result may be at or above the legal limit but the record may be inadmissible),
and all other documents;
B) I conclude my investigation including responding to evidence once I get it; and
C) I meet with the prosecutor and judge to respectfully request dropping charges.
Anyone who can predict an outcome before that is not being forthright with you, as you can imagine.
The State Attorney Bar precludes one to predict an outcome, so it is legally unethical to try to predict an outcome.
As I teach other DUI attorneys in my video
, things can change once I am inside a hearing or in a courtroom.
I have had losers but then once I get going in them, I can make things happen based on different factors
– e.g. a failure to follow proper police procedure, etc.
Obviously, our objectives are to win the court case –
get charges dropped and avoid a harsh license suspension
(as opposed to get convicted and receive severe penalties).
There are many “in betweens” and a number of different possible results and outcomes.
The California Vehicle Code is over 1,000 pages long and contains over 42,000 sections.
the minimum is 10-30 days or 90 days Jail if second conviction within 10 years.
Realistically, Jail is not likely for a first time conviction unless there was an accident causing injury to a victim.
Any Jail for a first offense is unacceptable and I would fight all the way to the U.S. Supreme Court to avoid.
I am not Las Vegas. I do not predict nor do I set probabilities. I am a fighting realist.
5) Always keep you updated.
Beyond that, any DUI attorney who tells you the Possible Outcome
at this moment can not
If another attorney tries to otherwise convince you now what is going to happen in the future, get it in writing.
I can make no guarantees and cannot tell you what our best strategy or tactic is at this early stage.
Our best strategy – and hence, our likelihood of prevailing – is a direct function of the evidence,
our investigation and evidence and what can be done at the actual hearings (which is, in turn,
a function of which prosecutor is assigned your case, which judge hears the case, and so on.)
This is based on my honest opinion and reasonable experience of over 35 years.
“It is a capital mistake to theorize before one has data.
Insensibly one begins to twist facts to suit theories, instead of theories to suit facts.”
As all my 5 Star reviews
reveal, that does
For my free San Diego DUI/DMV Defense Evaluation, click here
Rick Mueller, Attorney, San Diego County DUI Law Center