Monday, March 09, 2009

Top 10 DUI Mistakes

Top 10 DUI Mistakes
(from the Bickerton Law of Pittsburgh website)

1. Not hiring an attorney. An experienced attorney will be able to challenge the evidence in your case. Even if you plan on entering a plea, an attorney will be able to negotiate a more favorable sentence.

2. Not hiring an experienced DUI Defense Lawyer. Every lawyer has different levels of specialty. An experienced DUI attorney knows how to challenge the types of evidence that are unique to DUI law.

3. Not hiring an experienced DUI Defense Attorney immediately after you've been arrested or charged with Drunk Driving. If you wait to hire an attorney, you may jeopardize your chances of getting the right result. With the passage of time, memories fade, the scene of the incident changes, and exculpatory evidence disappears.

4. Not realizing that the police have no obligation to be honest with you. In other words, the police can lie to you.

5. Not challenging the first offer made by the District Attorney's Office. The State wants to dispose of your case as quickly as possible. Don't let them treat you like another statistic.

6. Not having a preliminary hearing. The preliminary hearing (prelim) is a very important opportunity to get the first crack at discovery and to test the strengths and weaknesses of the State's case against you.

7. Not challenging the validity of the traffic stop or DUI checkpoint. The police must follow the rules, too.

8. Not challenging the Standardized Field Sobriety Tests (SFSTs). The police would have you believe that the SFSTs are simply pass or fail...It's not that simple!

9. Not challenging the chemical test results. There are procedures that must be followed to ensure that the results are accurate and admissible in court proceedings.

10. Not caring about your case. The defense of your case is a team effort. If you want the best result, you need to actively participate in your own case.