How to Leverage a Better Settlement
DUI arrests require the accused to answer to drunk driving charges in court. This means that the case will proceed down one of three paths to get to conclusion: dismissal of the charges, settlement of the charges, or trial. In the majority of DUI cases, the case is resolved by way of settlement. If you stand accused of a DUI or related drinking and driving offense, you may already be asking yourself “How do I leverage a better settlement?”
There are two major categories of arguments that bring about better results in criminal cases: facts or arguments relating to the crime (or inability of the prosecutor to prove each and every element of the crime), and facts or arguments relating to the accused.
As to the crime of driving under the influence, prosecutors are often fixated on the forensic test results, whether a blood or breath test. In California, the critical time that prosecutors and defense lawyers alike are concerned with is the time of driving. The DUI defendant’s alcohol level at a later time – the time of testing – is only relevant to the extent that it allows the lawyers (and forensic experts on both sides) to look backwards in time and reach conclusions about what the alcohol level was at the time the accused was behind the wheel driving. Remember, the crime is driving under the influence, or driving with an alcohol level above the legal limit. It is not being under the influence while at the police station later. Weakness in the case often hinges on developing lack of certainty in the test results, or total certainty – that the driver was under the legal limit at the time of driving. This is best accomplished by the use of a defense forensic alcohol expert, and also the use of advanced computer software that allows defense lawyers to enter different eating and drinking patterns to demonstrate the impact on blood or breath alcohol level.
Other strategies to create risk of loss for the prosecution, and thereby leverage a better plea-bargain settlement, include litigation of a variety of motions. Motions are simply a request that the judge issue some kind of order. This may be to compel the prosecution to turn over evidence that it does not want to give to the defense, to get into the arresting officers’ private personnel records, to suppress illegally obtained evidence, to strike prior convictions as being unconstitutional, to force a lineup if identification of the driver is at issue, to suppress illegally obtained statements made by the defendant, and many others. If these motions are successful, or cause the prosecutor to question their ability to prove each element of the charged crime beyond a reasonable doubt, then they can leverage a better settlement.
Besides facts and circumstances related to the alleged crime of DUI, facts and circumstances relating to the defendant themselves may be important in negotiating a favorable settlement. These facts can include the defendant’s driving record, where an absence of past misconduct can be helpful during plea negotiations. A lack of prior DUI convictions may be helpful; certainly if there are past DUIs, this will be a factor used by the prosecutor to seek stiffer sentences, and there are also certain statutory minimum sentences that apply where prior DUI convictions occur within a specified time period (which is currently set at 10 years in California DUI cases, as calculated from arrest date to arrest date.)
Also, the DUI defendant’s behavior after the arrest but before case settlement may be relevant in settlement discussions. Depending upon the facts of the case, and whether or not the accused has suffered prior DUI convictions (which generally lead the prosecutor and judge to the dubious conclusion that the defendant must therefore be an alcoholic), documented attendance at Alcoholics Anonymous or other 12-Step meetings can be an important consideration in leveraging a better settlement.
Successful settlement of a California DUI case can be a delicate undertaking. Having a great lawyer on your side will certainly help you achieve the best possible result. The Kavinoky Law Firm stands ready to provide a free consultation to discuss the settlement alternatives in your case.
