How DUI Attorneys are Like Tim Tebow

I know this post might be a little late, since Tebow and the Denver Broncos just got crushed by the New England Patriots, ending what was a bit of a storybook run for Tebow this year, but I couldn't resist. I guess we've all got a little bit of Tebow time in us!

As I was watching the game last week all I could think about was how there were a lot of similarities between the Denver Broncos and Tim Tebow, and DUI attorneys. Just a few of the things I thought of right off the bat were: (1) we're typically huge underdogs; (2) we have to outwork everybody to win; and (3) we've got to play the game to have a chance to win.

DUI Lawyers, Like Tim Tebow, are Typcially Huge Underdogs

When we schedule a case for trial, we typically go into it knowing we're huge underdogs. The system has been set up for just such a scene. First, there is the law itself. If the prosecutor simply tells the jury that a breath test is over .08 the jury is instructed that they are to find the defendant guilty unless they don't trust the test results. To make sure the jury trusts the results, the prosecutor brings in state witnesses who are hired and trained specifically to testify about these things. And they will typically say just about anything to have a breath test result upheld.

On top of that, the courts often let the cops testify as experts on DUI, even though most of them have very little education related to DUI or anything else for that matter. They are allowed to opine that field tests enabled them to conclude someone was too drunk to drive when the tests weren't designed to allow anyone to reach that conclusion!

And don't let me get started on the judges. In Washington State the judges are elected. What does that mean for your average DUI client? It means he or she is likely to not get a fair shake, particularly at a motions hearing where the likely resolution of the case with a defense win is dismissal of the case. It's not that the judges are inherently unfair, but they have a lot more to think about than just the law applied to a specific fact pattern. They have to think about their reputation with other judges, their reputation with the public (no one ever got reelected by letting a bunch of "drunk drivers" walk, and their career generally.

When we walk into any trial or any motions hearing, just like Tim Tebow, we are automatically 10 point underdogs. But, like Tebow showed last week, the opportunity to walk out victorious is always there.

A DUI Attorney Wins by Outworking Everyone

Our only saving grace is that prosecutors, like the Pittsburgh Steelers, know we are big underdogs. So many times they just have to walk into court, read some questions off a form, and secure a conviction. But we can make it hard on them. And the only way we can win is to outwork our opponents.

I can tell you this, most prosecutors don't prepare very thoroughly for their cases. They either don't have the time, don't see the point, or don't care that much. But their lack of preparation gives us the only advantage we have - at least in our office, when we walk into a courtroom and face the prosecutor, we are more prepared than they are - and we are prepared to take advantage of any mistakes they make.

That's really the key to being a good Tacoma DUI attorney, outworking your opponent and understanding the material better than they do.

You've Got to Play the Game (i.e. Go to Trial) to Win the Game

In all sports there are always upsets. Some team that is supposed to have no chance to win shows up, gives their all, and shocks the world. The same thing is true for the DUI attorney.

I can't tell you how many times I've had a case that I didn't think had much of a chance to win get an incredibly good result only because we pressed the issue and set it for motions and trial. One thing you quickly learn as a DUI attorney is that if you don't set your case for trial, you've got no chance to get a better result than you have at the time. You also learn that most of the time even if you lose after trial the chance of getting something worse than the mandatory minimums is very slim - essentially there's nothing to lose and everything to gain.

One thing you can see in Tim Tebow's eyes is that he isn't ashamed one bit of being where he is and doing what he's doing. Everyone is telling him he's no good, telling him he's not qualified to be a professional quarterback, and all he does is step out on the field, work his butt off, and prove everyone wrong. Having no fear as a DUI lawyer is very freeing, like it is for Tebow. Once you stop being afraid of what might happen you can focus on giving your best, and you can perform your best.

Comments, Questions Welcome

What do you think? Let me know in the comments section below. Have other questions? Let me know. Have a story about winning as an underdog? Let's hear it.

Two Lessons Learned from Last Week for a DUI Attorney

Last week was a tough week. First, I lost a jury trial that, while I didn't think it was a sure winner, I definitely thought we had a chance to win. Second, I saw someone else lose a motions hearing that I did think was a sure winner - only it wasn't. Those two events reminded me of two lessons I've learned, and I thought I'd talk about them here today. We all need reminded of the lessons we've learned sometime.

Lesson One: It's Important to Remember All You Can do is Your Best

Losing this trial last week really hurt. It was a DUI trial, as you might expect, but there was no breath test involved (I had successfully gotten it suppressed - the reading was .173). There was video, which had some good aspects for my client and some bad, but nothing disastrous. The offer was to plead guilty, so we went to trial, having nothing to lose.

The trial went pretty much as planned. The officer testified, first questioned by the prosecutor and then torn up pretty bad on cross-examination (the officer's testimony went something like:

Me: You said for a test to be valid x has to happen?

Cop: Yes

Me: But x didn't happen in this case?

Cop: No, but in my experience if I know that y was the cause of x not happening, I know it's still good.

Me: See the video? It shows that y was not the cause of x, right?

Cop: Yeah, true, but in my experience x was still good.

It wasn't pretty.)

Once the testimony was over we made our arguments to the jury and sent them back to deliberate. They were back there for about five or six hours deliberating before coming back with a one word verdict (the kind you never like to hear).

We had a chance to talk to them and what they basically told us was that it was a really tough decision. They were kind of on the fence about what to do, but at the end they decided against my client. What I wanted to scream was that on the fence equals not guilty!

After the verdict the judge had some kind words, essentially telling me that when he first saw the case file he thought it was a sure loser, but after the trial, while the jury was deliberating, he thought it would be a not guilty verdict - so at least I convinced someone.

So, what's the lesson here? Essentially it's this - at the end of the day, all you can do is your best. I tell everyone when they come and see me for the first time that I can't make them any guarantees about the outcome of their case. All I can guarantee them is I will give it everything I've got. Sometimes you get a bad jury. Sometimes you lose cases you should win, sometimes you win cases you should lose. What you are doing by hiring me is getting a Seattle DUI lawyer that will do whatever he can to get you the best result possible.

Lesson 2: You are Always Fighting an Uphill Battle

After my verdict there was a motion hearing scheduled. The motion was to dismiss the case for lack of probable cause to arrest the defendant for DUI. In short, probable cause is a reasonable belief that a crime has been committed. It can't be a "hunch." It must be supported by evidence.

In this case, the person was pulled over for rolling through a stop sign. Other than that all driving was perfect (there was video). When stopped, the cop approached and started asking the defendant some questions. She admitted to having two drinks. The officer said her eyes were bloodshot and watery and that her face was flushed.

On the video, her face did not look flushed and her speech was perfect. She declined to do the field sobriety tests, which are supposed to be voluntary. That's it. It should have been a no brainer dismissal - but we don't live in a world free from influence, so the judge went back to "think about it a little bit." Let me translate - he went back to think of a reason to deny the motion to suppress.

And, guess what happened - yep, motion denied. It was heartbreaking for me to watch, and I'm sure the defendant was devastated. But that's what I mean when I say you are always fighting an uphill battle. You can have the best DUI attorney, the best DUI defense, a crappy officer, great facts, and you can still lose!

You've got to fight though - that's all you can do. You've got to make them make that wrong decision, to press them, to make them feel uncomfortable, hoping that some day they'll work up the courage to make the right ruling (and I'm just talking about fair here - nothing more, nothing less).

To make this possible, you need to remember several things if you are ever pulled over and investigated for DUI (and if you have alcohol on your breath, make no mistake, you are being investigated for DUI):

1. Do not admit to drinking alcohol - simply don't answer the question;

2. Do not take field sobriety tests - ever;

3. Do not take the portable breath test - ever;

4. When you hear the word attorney, demand to talk to one, and shut up!;

5. Before taking the breath test at the station make sure you understand what you're doing

Follow those rules and you'll at least make your case easier to defend.

This is my last post before Christmas, so I want wish everyone a very merry, very safe, very happy holiday. I hope Santa brings you everything you want and more, and that this week is both the end to a great 2011 and a beginning to a great 2012.

Have any questions or comments about this post? Let me hear them!

We've Got a New Look! Check Us Out and Tell Us What You Think!

Most of the time on this blog I like to focus on issues pertinent to DUI law - what to do if you are stopped, some myths and untruths that are out there, and what we can do to help you if you are charged with a DUI. But today I'd like some of your feedback. I'd like to know what you think of some of the changes we've made.

The main change that's come about is the look of our website. For some time now our motto has been "helping you across the legal tightrope" or something to that effect. The logo was a picture of a guy with a briefcase walking across a tightrope with the cityscape of Seattle in the background. When I first came up with that concept, I really liked it. But over the months that followed it became apparent to me that it wasn't exactly what I wanted.

See, I didn't think it really provided a good first impression of who we are and what we do. I like the concept of the tightrope, because if you are charged with a DUI you really are walking on a tightrope - one move the wrong way can have some dire consequences. But for my website the concept ended too early. What I wanted people to feel like when they got to my site wasn't that we were acting to help you across the legal tightrope, but that we were there as the net. No matter where you fell we'd make sure you were taken care of. That's what people want in a DUI lawyer, and that's what we can do.

What we had up just didn't do the trick, and, like I said, didn't really convey where I thought we were coming from. And for a little while I wasn't sure what to do. One of the things I don't want to do is what all the other DUI lawyers are doing out there - we aren't like all other DUI lawyers, we provide a level of service that I think outshines everyone. We are different, we act different, and I wanted something that would demonstrate that to potential and current clients.

But I didn't know what that was, until I started looking for artwork for the office. We moved offices in June to a space that was bigger. If you've ever been there you know it's not what you would typically find from a DUI attorney. There are no offices. It's completely open. It's above a brewery. It's got an industrial feel to it, with exposed wood beams, wood floors, and exposed pipes and ventilation. It looks cool, which I like. I mean, come on, just because I'm a DUI attorney doesn't mean I have to be a stuffed shirt, right?

I was looking for artwork to put up in the new office, and I was looking for images that were strong and representative of our style and our work ethic. The first thing I found was a picture of an American flag. It wasn't your normal picture - it was made to look as though the flag had been out on the battlefield, like it had been through some wars - just like us. It was perfect. The second picture I found was a black and white picture of two boxing gloves hanging on a nail. Again, I thought it really captured where we were coming from. We aren't afraid of a fight. We aren't afraid to fight for our clients. We can be strategic when we have to and we can put our heads down and jump into the middle of something when we have to. That's what I wanted people to feel like when they visited our site and interacted with us.

So I made a change.

The first stage of the changes are up on the website now. If you go check it out and remember what the old used to look like I think you'll notice a pretty big change. I hope if makes you feel like we are there to fight for you no matter what, that we'll give everything we can to your case, and we'll do the work necessary to give us the best chance to win.

I'd love your feedback on the changes. How does the site make you feel when you open it up? Does it give you the feelings I discussed above? Are those good feelings when you're looking for a DUI lawyer? What don't you like? What would you change? I'd love to hear your feedback - it's important to me. And I'll take it into account as we move forward.

Not all DUI attorneys are created equal. The choice you make could affect you for the rest of your life. Make sure you choose wisely.

Washington State Patrol Tweets DUIs - Is That Okay?

Recently the Washington State Patrol decided to live tweet a night with the DUI task force emphasis patrol. I didn't follow along that night but have had a chance to go back and see what was going on, and I was a little surprised to see it. It got me to thinking, is it okay to live tweet this stuff? Is that responsible of the Washington State Patrol?

I think you might assume that I'm a bit biased in my opinion about this behavior - I am, after all, a DUI lawyer. And you would be right. But you might be surprised why. It's not necessarily because people's arrests are being tweeted out there for all to see - an arrest, after all, is public information. If you wanted to you could go down to your local state patrol and find out who was arrested the night before.

I actually love the twitter feed. You can find it here - @wspd1pio. It gives you a great glimpse into the mind of a State Trooper. It shows you why you should never take field sobriety tests if asked to do so. The deck is stacked against you before they even make contact with you.

Here are just a couple of examples of tweets from that night:

There's 3 collisions in Thurston right now. Usually these are the DUI's that don't quite make it home.

Stop #12!! Lane travel violation this time. So far, anyway

Trooper Gill's running field sobriety tests on stop #12.

Yay! Stop #12 was not an impaired driver!

We've had 11 stops tonight, 2 of them DUI's. Wonder how the others are doing?? (Not as good as us!! Muahaha!)

Here's what I find interesting about these tweets. Let's talk about the first one first. What we've got here is a report of an accident (three actually). There's no information about the accident other than there's a collision. Before the Trooper even gets there he's thinking about arresting someone for DUI. I understand he probably can't help this, but that promotes the idea that you have no chance of escaping if the Trooper gets there and you have any odor of alcohol on your breath.

As with the others, what disappoints me is that it seems like every person that is stopped ends up going through the field sobriety tests. For stop number 12, we see a lane violation. Next thing we know, the person is going through field sobriety tests - then they are let go. I don't know all the facts about this stop, but I'm going to guess this Trooper is administering field tests on almost everyone he stops since he's part of the DUI emphasis patrol.

Why is this a problem, you might be asking? It's called a pretextual stop. It's stopping someone for one thing (a minor traffic violation) when really looking for something else based on innocuous circumstances (in this case there may have been previous DUI arrests in this location, and it's late at night). The problem with this is that in Washington State pretextual stops are illegal!

I hope the troopers keep on tweeting. I hope anyone stopped and arrested for DUI that night (November 25-26) has a DUI attorney that somehow stumbles upon this information (maybe they'll read my blog). It opens up at least the argument that the stop was illegal. And if the stop was illegal, everything after that is illegally seized evidence, and can't be used in a trial.

Stay safe during the holidays. Don't drive drunk. Use your turn signals. Say no to field sobriety tests. Say no to the portable breath test. If you are arrested demand to speak to a DUI attorney before doing anything else. Happy holidays!

Tacoma DUI Lawyer | If You're Not Getting Better You're Getting Worse

If you're not getting better, you're getting worse. That's a philosophy I live by, and I try every day to get better than I was the day before. That applies throughout my life, but it applies most greatly to my role as a Tacoma DUI lawyer. I was thinking about that today as I stood up in court to announce ready for a trial, and I thought I'd write about it.

There's A Lot You Can Learn From Other Attorneys

I'd like to think I'm one of the better DUI lawyers in the area, and maybe I am, and maybe I'm not, but I do know there are several DUI attorneys out there that I have a ton of respect for. And there's no better way I can think of to show that respect than to sneak into court whenever they are doing their thing.

It happened today when I was in court (bet you thought I was going to tell some great story about some great thing I did, huh? Guess again). In the courtroom with me was a Seattle DUI lawyer I have a lot of respect for - George Bianchi. I heard him tell the judge that he had a motion scheduled in another courtroom and had to have his other case set aside for the time being. I found out the courtroom and went and dipped my head in to see what was going on.

Once he was done I went up and chatted him up. Turns out he was making a pretty technical argument about the adoption and then striking of a statute from the Seattle Municipal Code. His argument was the striking of this section of code prevented the City from making some arguments that they would certainly want to make in his case. It was very interesting, and, honestly, something I hadn't thought of.

Admitting You Don't Know Doesn't Make You Dumb

There is a wealth of knowledge out there. There are going to be things you don't know. If you don't know them, fess up and go out there and learn them. If you think someone can teach you something, go out there and get that information from them.

All of those statements hold true for a DUI lawyer like me. No matter who is up there doing there thing, there are things you can take away from it. Sometimes it's something you realize you don't want to do. Other times it something you may want to adopt yourself. Either way, wanting to learn doesn't make you dumb - quite the opposite actually.

Back to the point of this post - treading water is falling behind. In today's world, probably like yesterday's world, there are always people out there working to be where you are, to beat you at your game, to take what you've got. If you aren't working every day to get better, someone is catching up to you. Give them enough days and you'll be passed right on by. I want to be the best Tacoma DUI lawyer I can be - that's why I work as hard as I can every day to be better than I was the day before.