Don't Go to Jail! by Saul Goodman

Author:Saul Goodman
Language: eng
Format: epub
ISBN: 9781466891401
Publisher: St. Martin's Press

The Trial

I think I’ve already touched on many elements that will go into enduring a DUI trial. The prosecution’s focus—loopy driving, red eyes; roadside, blood, or breathalyzer tests—and some of the strategies a DUI attorney could employ in their valiant efforts to keep you out of lockup. Your attorney can pick these things apart, maybe try to find reasonable doubt in something as simple as the time elapsed between the moment you were first stopped and when the officer administered the breath test, or whether your blood was refrigerated properly or not before the scientists threw it in the rusty old gas chromatograph. Even in an unsavory crime like a DUI, you remain innocent until the state proves you were drunk as a skunk.

Can you win? Damn, Sunny Jim, it’s possible. Here’s how:

First, don’t even consider pleading guilty. Nope, not even a little, no. The system owes you your damned day in court for this charge—otherwise, what are we even doing on this big blue ball? Just waiting around for another asteroid to strike?

Next, prepare. Client and attorney both need to become legal Rain Men as far as the case is concerned, with detailed, total knowledge of every minor detail. Line up challenges to every possible element: to the tests, to the lab work involving the blood (if blood was drawn to measure alcohol content), to the officer’s personal record—you get the picture. Those hardworking folks up in the state house—in pretty much every state—have, under pressure from groups lobbying hard to end drunk driving, stacked the deck of legislation against defendants and defense counsel. So you and your counselor have to be better. Faster. Stronger. Members of my tribe who do go ahead and advertise as specialists in DUI law are up-to-date on hopefully every element of the legislation. We know many cases are more winnable than they seem. It’s just good old-fashioned professionalism. You should expect that from the guy who fixes your car, from your favorite erotic dancer, and most definitely from your attorney.

Often a good idea: have your history and head discussed with and checked by a substance-abuse counselor. This can reduce the danger of looking like a potential three-peater—or five-peater—to the prosecutor. It’s a way to say, “Hey, I know, I might have a wee little problem here.” In addition to that assessment, round up medical records. If you’ve ever had any one of a number of medical challenges, they can have a profound effect on how you responded at the time you were stopped. What if you have a mild learning disability and the officer’s instructions during the sobriety tests were hard to follow? How fair is that, to get a DUI for the same reason you once failed PE class? Sure, mean old Coach Thunderthighs from junior high might say “Very fair,” but Coach would be wrong.

Act like you’re applying to the Ivys and put together the most detailed résumé possible. Academic records—especially if those are halfway decent—verification that you are a solid

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