Frequently Asked Questions

Do I really need a lawyer?

When I worked for a City Attorney I would cringe when defendants would come to court without a lawyer. I have seen people attempt to represent themselves in all kinds of cases. Every time I was stunned by how naïve they were about the process. It was obvious the defendant believed they could get their charges reduced or dismissed if they just reasoned with the police, judge, or prosecutor..

Unfortunately, that is not how the process works. The police, prosecutor, and judge are not there to ensure your interests are protected. They may seem nice, and most of them are, but they’re not on your side. Moreover, they know you are not familiar with the process and are likely to take advantage of you. In fact, that’s their job. They work within the rules to represent the state to the best of their ability. If your interests get in the way of that objective, they could not care less. They are not your attorney.

The police, prosecutor, and judge won’t make any motions for you, admit any evidence on your behalf, examine any witnesses for you, determine whether any of your evidence is admissible, object when the prosecutor offers evidence that may be inadmissible, or consider the weak aspects of their case when determining whether or not they should reduce or dismiss the charges against you.

If there was no probable cause to pull you over, and as a result evidence they seized should be ruled inadmissible? It’s not their job to tell you that, and they will not.

If you were clocked with a radar or laser device in a speed trap, and your ticket should be dismissed? It’s not their job to tell you, and they will not.

If there was no traffic survey on file and your ticket should be dismissed? It’s not their job to tell you, and they will not.

If it is questionable your blood alcohol was over the limit when you were driving, and you have a argument for reducing or dismissing your charges? It’s not their job to tell you that, and they will not.

I could make hundreds of statements like this, but I think I have made my point. You need a lawyer. Just the possibility of paying hundreds, if not thousands of dollars in increased insurance rates is worth paying my fee. Not to mention losing your license, going to jail, or having your car impounded for 30 days! If you want a free consultation regarding your case, call me. I’ll gladly talk with you about it. However, in the event you decide to not hire me, I strongly urge you to keep looking for an attorney. I honestly want you to have the best chance regarding your case, and you simply cannot without a lawyer.

What is the punishment for drunk driving?

Generally, for first time offenders you will be forced to pay approximately $2,000.00 in fines and assessments. Your license will be suspended for a period of time, but you can get a restricted license, and you will be required to attend a $500.00 alcohol program. However, these are minimum punishments. You can be sentenced to jail. The fines and assessments cold be greater. You could have your car impounded for 30 days, and an interlock breathalyzer placed in your automobile - all paid for by you.

What happens if my license is suspended and/or taken at the time I was arrested?

If you are arrested for any of the DUI crimes your license will be suspended before you are convicted. The suspension will take place automatically UNLESS you request a hearing with the DMV. At the DMV hearing you will have to convince the DMV to overturn your suspension and/or grant you a restricted license. If you fail to persuade the DMV your license will be suspended. The suspension time will vary depending on the particulars of your case and any prior convictions or suspensions you may have.

What if I refused a chemical test?

If you refuse to take a chemical test your license WILL be suspended for one year. If you have a prior DUI conviction or license suspension your license will be suspended for 2 years.

If I submitted to a chemical test and it showed my BAC was over the legal limit does that mean I have no chance of having my charges dismissed or reduced?

Absolutely not. There are various ways to attack a chemical test. It depends on the specifics of your case.

What is a DMV hearing?

It is an administrative hearing at the Department of Motor Vehicles to determine whether you license should be suspended, and if so, whether you will be granted a restricted license. Most of the time the restricted license allows you to drive to and from work.

What if my car was impounded?

If your car was impounded you will be required to pay for the storage. Moreover, if you are convicted a judge may order your car to remain impounded up to 30 days.

What will happen to my insurance if I am convicted?

If you are convicted of DUI, or any other moving violation, it will appear on your driving record for a period of time. During that time, the information will be available to any insurance company and it WILL increase the price you pay for insurance.

Is it possible to beat a speeding ticket charge?

Absolutely! It happens everyday. There are several avenues of attack to achieve this result. Contact me and I will gladly give you a free evaluation of your case.