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!