DUI case studies provide practical insight into how particular DUI cases are resolved. These case studies are for misdemeanor DUI cases only. Felonies are far different and are not discussed in the case studies.
Real Life Situations
These DUI case studies are important because they are real-life situations. The studies not just hypothetical possibilities. What is also important is I do not just describe the cases. I also include my thoughts and actions as the case progressed. The cases are a sample of what I have been doing on a day-to-day basis for 47 years.
Here are several principles I keep in mind as I handle an individual DUI case:
For felony DUIs you need a reason to try the case; for misdemeanor DUIs you need a reason not to try the case.
Felony cases are far more serious because the outcomes can be much worse after trial.
I remember a case 30 years ago which another lawyer had. It was a felony DUI, and the defendant’s license was suspended because he forgot to pay the reinstatement fee from his first DUI. If he had only paid the reinstatement fee, the case would have been a misdemeanor and if guilty likely 30 days in jail. There was no bad driving and the defendant was stopped for a suspended license plate. There were no breath or blood tests. The mandatory minimum sentence was 4 months in prison. I do not know what the plea offer was, but it probably was the minimum of 4 months.
The defendant lost at a jury trial. The prosecutor and probation department recommended the 4-month minimum. The judge said on balance the defendant was not a bad guy, and then gave him the presumptive sentence of 2.5 years. The defendant may have had good reason to try the case, but he ended up with a much worse sentence by doing so. Although a judge doing something like this is not as common as it was 30 years ago, it is always a possibility the outcome of a felony case can be much worse after trial.
For misdemeanor DUIs, many times the offer is plead to the most serious charge. For example, if a test result is less than .15%, to plead to a regular DUI charge; or, if the test result is more than .15%, to plead to an Extreme DUI charge. If that is true, then many times after a jury trial the sentence is the same as the plea offer. The sentence could always be worse but rarely is, and an experienced attorney knows when this might be. If there was an accident the sentence could be worse. The question then is why not try the case, what is there to lose?
Felonies you can lose a lot, misdemeanors, not very likely.
If you do not know the answer, that means you do not know the answer.
Over my 47 years of practice this has been an important point to remember, most particularly in jury trials. A lawyer can make an educated guess as to what will happen at trial but it is exactly that, a guess. Guesses can turn out wrong and so a lawyer must always be open to that possibility. All lawyers, including me, have tried cases thinking I would win, or lose, and then the opposite happens. A lawyer must always be open to the possibility they could be wrong. A lawyer should be very careful saying they know what will happen.
Trials often have elements of irrationality.
To serve as a juror one must appear to be fair and impartial. Jurors are also instructed to decide the case based on the facts presented at trial, and not to use information they know from outside the trial.
I was once a juror myself, and what surprised me when we deliberated is how quickly the other jurors went off on tangents. They tried to decide the case with facts that had nothing to do with what was presented at trial, and I had to gently remind my fellow jurors what they were talking about was not evidence presented at trial. Of course, the judge and lawyers had no idea the jurors were doing this and therefore could not have addressed those points during the trial. I as a lawyer could remind them to stick to the facts presented at trial, and this was true because I know the criminal jury instructions well.
On this case, without me, the jurors could have decided the case based on facts not presented at trial.
A trial lawyer needs to keep this in mind and although it is hard to do, namely anticipate the irrationality.
Review My DUI Case Studies for More Insight
These are a few of my thoughts about cases and trials. I invite you to review my case studies to see what actually happens in real life.
Please keep in mind, nothing I have said here or in the case studies is legal advice for anyone else.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
