San Diego DUI Case Results
A favorable outcome is possible.
Success is defined as “the favorable or prosperous termination of attempts or endeavors.” After a DUI arrest a “favorable” outcome can be achieved through a variety of means. Trial(s), motion(s), & negotiation are the three most typical.
Here are a few select case examples (actual Clients) that illustrate the different ways you can achieve success in a DUI case:
Jury Trial
San Diego man (facing 1 year in jail) after being arrested and charged with drunk driving (blood-alcohol level over twice the legal limit) and hit-and-run with a prior. Although there was substantial evidence against the driver, there was doubt about the damage to the “victim’s” vehicle that didn’t match the damage to defendants car.
Hung Jury.
Jury Trial
Repeat Offender facing state prison opted for trial because the prosecutions offer wasn’t acceptable to him. At trial on cross examination the arresting officer’s actions were fully exposed to the jury.
Not Guilty.
Motion to Suppress
Man stopped by San Diego Sheriff’s patrol officer. A “motion to suppress” was filed. During the hearing the deputy could not give specific facts; circumstances; or violation of laws for his contacting the defendant. Judge began his ruling by using the phrase “It is difficult to be a Monday morning quarterback….” The judge went on to explain to the Deputy and to the prosecution why he was suppressing the evidence.
Case Dismissed.
Reduction to Dry Reckless
Pilot facing complete loss of career. Opted for trial but before actual trial began client accepted prosecutions offer of a non-alcohol conviction allowing client to save career.
Not convicted.
Case Dismissed
Client arrested for DUI. Prosecutor would not reduce charges pre-trial. Client opted for trial but before actual trial began prosecution dismissed case.
“I don’t want to go to trial”
Eventually every DUI defendant will be presented with a “pre-trial” offer from the Prosecutors office – whether you have hired counsel or use the public defender. Your attorney must inform you of this offer, explain all of your options, and answer all of your questions. Trial is ONE option every Client has because it is your right under the law and only you can decide if you will exercise this right. A defense lawyer does not have the authority to make the decision to go to trial.
Criminal Justice In America author George F. Cole reports that in San Diego County less than 3% of Drug related cases (Alcohol is a drug) actually go to trial. However, when we feel the “offer” isn’t appropriate to the facts of the case we always recommend Trial. This means that a high percentage of trials get scheduled but actually very few are conducted. Possibly because of the stress, cost, and uncertainty of outcome, most DUI offenders actually choose not to go to trial, but opt instead to accept a negotiated settlement. If you were to proceed to trial then your case could resolve four ways: Guilty verdict, Not Guilty verdict, mistrial, or a hung jury which could mean starting over. Acknowledging Mr. Cole’s study (see above) here are the “TYPES” of results that can be achieved without the added expense of trial:
Reduced to “Dry Reckless.”
Reduced to “Wet Reckless.”
Reduced to “3 One-Pointers.”
Felony DUI – resolved for an “infraction.”
2nd DUI – prior dismissed.
3rd DUI – both priors dismissed.
3 DUIs in one month – no jail.
DUI Drugs – Dismissed.
DUI with refusal – reduced to “Disturbing the Peace.”
DUI & Evading – Dismissed.
Each case defended is unique in the approach used because, simply, each DUI case is different. Every case has a unique combination of facts and every client is different. (Previous results do not guarantee success in your case)
Always consult with a DUI Lawyer before proceeding and don’t let yourself be fooled into paying for a Jury Trial at the outset of your case unless you have a written agreement with the lawyer that if you choose to not proceed to trial some of the fee will be returned.
