Will My DUI Go To Trial?
Statistically speaking – your DUI will not go to trial.
Because if you have an experienced DUI attorney who has tried cases over the last twenty (29) nine years in the Charleston, Berkeley, Dorchester and other Courts throughout the state – that attorney has enough experience to save you the anguish of an unnecessary Jury Trial.
Peter Brown is that attorney.
Hiring an experienced attorney – and Peter David Brown has tried cases in the Tri-County area for nearly thirty (30) years – means that your battle tested attorney can accurately analyze what a Judge and jury might do with the facts.
While no attorney can predict an outcome, a vastly experienced DUI attorney is obviously more likely to be able to accurately analyze the evidence and anticipate how a criminal matter might proceed.
Years of experience and familiarity with the Judges and their prevailing views on various motions and possible defenses, are invaluable.
By requesting all the evidence (Discovery Motions [Rule 5]) and carefully analyzing the procedure followed on the in-car, body cameras and in the data master room, an experienced DUI attorney will be able to both prepare a defense and anticipate the prosecutor’s legal arguments.
There is little doubt that an experienced DUI attorney who has tried cases to conclusion can effectively negotiate cases with solicitors, prosecutors and police officers. There is no substitution for experienced counsel who has routinely appeared in front of Magistrates, Municipal Court Judges and Circuit Court Judges around the State.
Often times an experienced DUI attorney can find “Fatal Flaws” in the Arresting Officer’s procedure; from the Reasonable Suspicion/Probable Cause surrounding the initial stop to the Standardized Field Sobriety Tests to the Mirandizement of the driver.
A “Fatal Flaw” is a procedural or factual error that as a result of existing case law might be enough of an issue to warrant the DUI arrest to be dismissed or at least reduced to a more reasonable charge that allows the client to keep their driver’s license.
By hiring an experienced DUI Defense Attorney, you will have a well trained eye looking back over each and every piece of available evidence to seek out these “Fatal Flaws” and any other errors that show the arresting officer’s inexperience.
Very rarely is a DUI arrest one hundred (100%) percent “airtight!” Even if the case is extremely strong, there still might be some room to negotiate with the prosecutor for a less damaging result than the original charge and avoid potential mandatory jail time from a very high Datamaster reading.
If the State’s case has been handled by an experienced officer or a member of one of the many DUI Task Forces around the State, they might have a winnable case for the State. An experienced DUI attorney will review the evidence, sit with their client to go over the positive and negative aspects of going forward with a Jury Trial. No client wants to unnecessarily go through a six (6) or eight (8) hour DUI trial with very little chance of success.
Preparing a Matter for trial:
Sometimes preparing for a trial is necessary to push the State to be more flexible as far as making a more reasonable offer. An experienced attorney recognizes these valuable opportunities and is opposed to involving additional time, energy and money unless there is something to be gained for the client. Again, sometimes even the strongest case, with the most compelling evidence, can be negotiated to a less harmful resolution for the client. Whether that benefit be a reduction in mandatory jail time, a fine or a rewrite to a DUAC.
Each individual arrest is different from any other, with differing officers, agencies, facts, evidence and witnesses. Cases that often appear “unbeatable” can often have several “Fatal Flaws” ranging from faulty videos, to testing that did not take place in the proscribed manner in accordance with the SLED procedures.
Only an experienced DUI Defense Attorney will recognize and be able to use this very valuable information to have the DUI charge Dismissed or reduced to a lesser charge such as Reckless Driving, Careless Driving, or a minor moving violation. Sometimes even the ugliest of cases can still be dismissed and rewritten to a ticket for Driving with an Unlawful Alcohol Content which has certain advantages over a DUI conviction. Don’t give up hope before you have at least spoken with an experienced DUI attorney.
Please contact us immediately if you or someone you know has been arrested for DUI or a related offense in the Charleston area. You may reach us by phone at 843-971-0099, or by clicking here to contact us for a FREE case evaluation.