Are you facing a DWI? If Yes, You must be searching for a DWI attorney to help you beat your DWI.
Do you know, what is the biggest mistake people commit while shortlisting a DWI attorney for them?
Astonishing, but true! 90% of people hire the FIRST DWI attorney that they come-across. People don’t even care to explore their options, or they don’t seek help from people who have already faced a DWI.
Before finalizing a DWI attorney, you must read our short article on Common Mistakes to avoid while hiring a DWI attorney.
Let’s now read and learn-from the most-appreciated, most-watched “Edward’s DWI Attorney story”
I was part of the sales team of this insurance company. We had achieved some amazing sales numbers in the last quarter of the year. To celebrate, 5 of us gathered at a new bar, which we had been dying to try out for so long. We all were relaxed and relieved, having ended a tough year with flying colors, after-all insurance is one of the toughest things to sell.
Couple of us did a round of shots, followed with many rounds of various cocktails. We never thought that we had had enough, and it seemed too early to call it a night. Then my friend, Josh started acting very weird and clearly he was not in a condition to drive. I decided to drive him home. Well, this turned out to be a very bad idea, because when I reached the parking lot, I realized I was not as sharp as I was assuming inside.
Having no choice but to drive, I put Josh in the car with the help of my friends, and headed home. I was not feeling confident of my driving. I kept promising myself to not do drink-driving again if I came out safe from this misadventure today. This was not to be, A tree seemed to appear in front of the car from nowhere, and we hit it badly.
The next thing that I remember, Paramedics carried me out from the car and police was after us for our statements. Fortunately, none of us got badly injured. May be because we were doing slow speeds, or because we both were wearing seat-belts, or simply because God wanted to save me for facing a DWI.
(Learning 1: When you have to drive home after the drink, avoid that drink. Never think, you will control how much to drink.)
They charged me with a DWI 2 days later. I felt scared, concerned, traumatized, emotional, vulnerable and stupid.
In such an emotional state of mind, it was difficult to make a right decision, but I still had to decide about hiring a best-possible DWI attorney.
I checked online to find the best DWI attorney in my city. Shortlisted an expensive-looking law firm which boasted of having on-board an experienced team of DWI attorneys. I visited this law firm, met a DWI attorney there, he seemed like a perfect answer to all my trauma, anxiety and scare. I, in my mind, had almost hired him. At that point, a thought of meeting any other DWI attorney didn’t even cross my mind.
(Learning 2: Meet at least 3 DWI attorneys before you hire. It’s always better to explore your options.)
I was to return in the evening, with all my documents and the first installment of the payment.
My friend Josh visited me that afternoon, We discussed about this law firm and about this DWI attorney. He was shocked to hear the name of the attorney. To my surprise, he told that this lawyer does not even possess a license to practice in our state. He is a renowned criminal lawyer of a different state but is not a DWI expert at all. Such lawyers sub-let your DWI case to a junior lawyer of your state, and monitor the progress remotely.
I dug deeper, did a reference check on this so-called DWI attorney, spoke to some friends and relatives, and researched online.
I ultimately found that Josh was right, and he had saved me from making a huge mistake, which could have been too costly for me and my family to handle.
(Learning 3: Don’t be too ashamed of your DWI. You need to check with-in your contacts to see if anyone knows a good DWI attorney.)
I again had to begin my search to find the best DWI attorney.
I had researched and made a check list of what I did want in the next DWI attorney that I meet, and how I wanted to pursue this lawyer-hunt.
Reached out to many of my friends, relatives, colleagues, neighbors to see if anybody has had a DWI, and can recommend a good local DWI attorney. In the process, I came across a lot of DWI stories of people. And, finally on a neighbor’s lead, I found a good DWI attorney.
I met Andrea, who was truly a DWI expert. In her relatively short career of about 7 years, she had fought at least 100 DWIs, and her success rate was over 60%. Throughout her career, she had practiced only in my state, and only on DWI cases. This meant she knew about DWI tests, arrest procedures and legal loopholes much better than even the prosecutors or the cops.
(Learning 4: You don’t want just a good attorney, you want a good DWI ATTORNEY. Hire a lawyer, who is a DWI expert)
One more advantage that she brought to the case was, because of her local practice, Everyone knew her and she was friendly to all local lawyers, prosecutors, cops and even judges.
She patiently heard my story, asking questions in-between and noting many details. I was embarrassed initially because of my guilt, but because she was amiable and comfortable to work with, I felt comfortable dealing with her. In this first conversation, I didn’t feel intimidated, nagged and judged at all.
After hearing my story, she told that she was quite hopeful that we would beat this DWI. She had found a procedural error on the part of cops, and she strongly thought it will help us in the court.
(Learning 5: Hire a DWI attorney who you feel ‘comfortable to deal with’. Immediately drop a DWI attorney who is not easy to work with, however good he may be otherwise.)
She used her investigative ability and local connections to the fullest, and gathered the video footage and Intoxilyzer 5000 (breath-analyzer) report from the local cops.
In the first meeting, the public prosecutor persuaded me to plead guilty. As per him, it will save me a lot of trouble and money, because this was a pretty obvious case of a DWI and there was not even a remote chance that this DWI could have been beaten. Andrea, my DWI attorney, didn’t agree to the prosecutor and told that she would want the case to go to the trials. I felt susceptible, but chose to trust Andrea.
(Learning 6: All Prosecutors are over-burdened and over-worked, they don’t want you to go for trials.)
In the second meeting, My DWI attorney Andrea told the public prosecutor that breath-analyzer report was not accurate and it would not stand any chance in the court.
The breath analyzer tests are done on Intoxilyzer 5000 machine. The machine assumes that the body temperature, at the time of the test, is normal. However, in a reality, if someone has fever, a single degree increase in the body temperature will cause the alcohol-levels on the machine to spike by up-to 7%.
As per the police report, I had a high fever at the time of the arrest, hence the breath analyzer test could not have been trusted.
My DUI attorney, Andrea also told the prosecutor that she had meticulously observed the video-recording. At the time of taking statements at the accident site, MIRANDA Warning was not read-out to me.
Every arresting officer has to read aloud “You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.”
(Learning 7: Your DWI attorney should know about the technicalities of tests and legal procedures better than the cops and the prosecutors.)
The prosecutor and Andrea debated, discussed, argued and tried to convince each-other. I was getting the feeling that public prosecutor was losing his confidence. It was clearly visible, he had understood that these 2 procedural mistakes will be of great disadvantage to prosecution’s standing.
The prosecution now wanted to do a plea-bargain. They wanted to drop the DWI charges, if I pleaded guilty of reckless driving, which Andrea and I happily agreed.
I pleaded guilty for reckless driving, They let me off on a huge fine. Thankfully, My DWI was beaten and I didn’t have to do any jail time, and didn’t lose my driving privileges.
(Learning 8: Plea-bargaining is very common when prosecution feels that their charge is weak. A good DWI attorney can do a great bargaining in your favor).
I can never thank my DWI attorney enough. I can imagine, if Andrea was not smart and had not paid attention to small details. This DWI could have cost me almost my life.
My DWI got beaten. May be, because I was not over the permissible legal limits, and fever had spiked the breath-analyzer results unfairly. But one thing was sure, I had made a huge mistake by drunk-driving.
(Learning 9: Hire a local, drunk-driving expert DWI attorney to fight your DWI. It can make or break your DWI case.)
I was unlucky to get into such a big trouble. But, I also feel very lucky to finally come out of it. I thank God that I didn’t kill anyone including myself on the road. Lucky, that I found Andrea as my DWI attorney.
It was wrong, stupid, careless and irresponsible. I have not done any drunk-driving ever since.
Feel free to write to me, in case you want to know more about my learnings from the experience.
(Learning 10: Never do drunk-driving. Save yourself and save others. A DWI attorney, however good, won’t be able to save you each time.)
If you are facing a DUI, you definitely need to go through our DUI FAQs.
You should also check some useful information on Department of Motor Vehicles website.
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