How to Avoid Trial
Avoiding trial is often the goal of our clients following a California DUI arrest. Once someone is charged with a DUI in California, there are only a few ways to conclude the case: first, leverage a dismissal of the charges; next, plea-bargain the charges and the consequences, so that the DUI charges are dismissed and the accused pleads guilty or no contest to lesser charges; next, to plead guilty to the charges alleged, and negotiate the consequences associated with such an admission; or finally, to deny the DUI charges and set the case for a jury trial.
The risks associated with trial include increased expense, more severe punishment (if the accused goes to trial and loses, sentencing is up to the judge, not negotiated between the parties), loss of time from work or school, increased stress, and much more. Obviously the potential reward of trial is a verdict of not guilty or a hung jury. However, the decision of whether to go to trial belongs solely to the client, and will depend upon the unique facts of each case.
One of the most effective ways to leverage a dismissal or a reduction of the DUI charge to a lesser crime is by the appropriate use of well-crafted pretrial motions. Discovery motions that reveal gaps or an omission in the arresting officer’s training, or that the investigation was conducted in a manner contrary to the officer’s training, or that there were problems with the forensic testing may leverage a reduction from a drunk driving charge to a lesser offense.
Likewise, a motion to suppress evidence that poses a risk to the prosecutor’s case can be very helpful in reducing a DUI charge. A Pitchess motion, which is a special type of discovery motion that is designed to uncover citizen complaints about law enforcement personnel that relate to dishonesty, excessive force, or racial bias, can leverage a dismissal or reduction of the charges.
In a felony case involving an accident and injury to someone other than the driver, an accident reconstructionist may be able to provide the necessary information to demonstrate that the DUI defendant was not the proximate cause of the accident. In many other DUI cases, a forensic alcohol expert that can review the drinking and eating pattern and give a well-reasoned opinion that the accused was below the legal limit at the time of driving may avoid trial.
The short version: avoiding trial and achieving an excellent result is the by-product of hard work, knowledge, and experience in defending DUI cases.
The criminal defense attorneys at The Kavinoky Law Firm have a track record of results that demonstrate their ability to achieve these goals. Whether you’ve been accused of a first-offense misdemeanor DUI or an aggravated drunk driving homicide case such as vehicular manslaughter or even murder, you can rely on our lawyers to know just how to help you achieve your goals. Please call us today at 1-800-NO-CUFFS for a free consultation.
