QUESTION
Can I get a DUI reduced without an attorney?
Asked on Aug 24th, 2011 on Criminal Law - Texas
More details to this question:
I was pulled over for speeding and did have alcohol in my system. After 5 FST's, the officer didn't believe I was capable of driving. Took me to the station and I blew a .08, which is the legal limit. Do I have any chance of getting this DUI reduced solo?
28 ANSWERS
The answer to your question depends upon a variety of factors, most of which you tell us nothing about.
Answered on Jul 09th, 2013 at 1:04 AM
Criminal Law Attorney serving Howell, MI
at
Law Offices of Jules N. Fiani
Update Your Profile
One who represents himself has a fool for a client (Abraham Lincoln).
Answered on Jun 11th, 2013 at 1:56 AM
Geoffrey MacLaren Yaryan
Maybe, but your chances increase with an experienced attorney.
Answered on Jun 11th, 2013 at 1:52 AM
Michael J. Breczinski
Yes, you can represent yourself. You can also legally remove your own appendix with a swiss army knife and no anesthetic. Both are equally painless.
Answered on Jun 09th, 2013 at 8:22 PM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
No.
Answered on Jun 09th, 2013 at 8:19 PM
Drunk Driving Attorney serving Spencer, MA
at
Law Office of Ernest T. Biando LLC
Update Your Profile
You have an excellent chance of beating the charge-I have defended numerous drivers and this is something that has a great defense to the charge-contact me if you would like to speak further about the case.
Answered on Aug 30th, 2011 at 1:41 PM
Jacob P. Sartz
While you have a right to represent yourself, I'd recommend you retain an attorney. You are presumed innocent. The prosecutor needs to prove any allegations against you beyond a reasonable doubt. You have a right to council. If you cannot afford to retain a lawyer, the court may appoint one for you at the public's expense. Whether, while representing yourself, if you have the skill, training, expertise, knowledge of the law, knowledge of the facts, and could persuade a prosecutor into offering a reduced charge or convince a judge or jury at a trial that you are only guilty of a lesser offense is open question. You always have a right to represent yourself. You could find a prosecutor who is willing to work with you, depending on how you approach the situation. However, the right lawyer and effective advocacy on your behalf could make a substantial impact on the results of your case and it is worth the time and effort to at least explore that option.
Answered on Aug 29th, 2011 at 12:09 PM
Samuel H. Harrison
Depending on where your charges are, even an experienced attorney may have trouble getting this reduced. You really need to find a good DUI lawyer soon. Good luck.
Answered on Aug 25th, 2011 at 6:49 PM
Criminal Defense Attorney serving Lake Charles, LA
at
Michael R. Garber
Update Your Profile
You'd have to talk to the prosecutor to find out.
Answered on Aug 25th, 2011 at 12:56 PM
Criminal Law Attorney serving Lancaster, NH
at
Harden Law Office
Update Your Profile
It really depends on the officer and court you are located. I am doubtful that you will be able to get charge dismissed on your own. Go to the arraignment and see what the offer is, if it is to plead guilty then say not guilty and get a trial date and hire an attorney. You should also send a written request for all evidence which will be used against you at trial. If you need an attorney find the best in your area and set up a meeting. You want a lawyer that tries and wins DWI cases, is certified in the FSTs, an instructor in the FSTs and knows how to win. Good luck.
Answered on Aug 25th, 2011 at 12:55 PM
The decision as to whether to offer a plea bargain is entirely that of the prosecuting attorney. When making that determination he/she will evaluate the defendant's chances if the matter was to proceed to trial. Part of that consideration could be how well the defendant will be defended at trial. If you are well versed in the Michigan Court Rules and the Michigan Rules of Evidence, you should do well at trial and whether you have an attorney assisting you may not make a difference.
Answered on Aug 25th, 2011 at 12:10 PM
Yes, it is possible. You must ask for this. Most prosecutors will offer a reduction to negligent driving if this was your first DUI and there are no other aggravating factors.
Answered on Aug 25th, 2011 at 11:59 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
Update Your Profile
I think you have a good case and you can certainly try to represent yourself. However I believe that your chances of success will be greatly enhanced by hiring an attorney that work in this area of law, and one that you feel comfortable with.
Answered on Aug 25th, 2011 at 11:50 AM
4 Awards
Anyone facing a criminal charge needs an attorney. It would be unwise to try to handle a criminal matter without competent legal representation.
Answered on Aug 25th, 2011 at 11:17 AM
Why would they offer you a lesser charge? Because theyre having a good day? In a very generous mood? The reason cases get negotiated and settled for less is because the DA has doubts about their ability to win the case. While DAs can often see the flaws in their case, they arent going to sweat the flaws when theyre up against someone who isnt an attorney and doesnt know what theyre doing. They might make you an offer to get rid of you if youre too much trouble, or they may just pass the case onto a junior attorney or law clerk to give them trial practice.
Answered on Aug 25th, 2011 at 11:16 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
No. The prosecutor won't deal with you by yourself. You'll need an attorney.
Answered on Aug 25th, 2011 at 11:14 AM
Yes, you can likely have it reduced to a DWAI without a lawyer.
Answered on Aug 25th, 2011 at 11:00 AM
Possibly, but it is still a better idea to have an attorney so the prosecutor doesn't take advantage of you.
Answered on Aug 25th, 2011 at 10:48 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
A chance? CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against an experienced prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on Aug 25th, 2011 at 10:46 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Without an attorney I would say your chances are slim to none. Consult with an attorney. DUI convictions are far reaching and even without an attorney can result in costs to you in excess of $10,000.00 due to fines, increased insurance, alcohol treatment, loss of license, and impact on job. Don't scrimp.. Hire an attorney.
Answered on Aug 25th, 2011 at 9:53 AM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
Yes. But you stand a much better chance with an attorney. You should show up at the arraignment, if they offer you a speed ex, take it. If not, continue the arraignment so you can get an attorney. Remember the DMV will try to yank your license. You need to request a hearing within 10 days.
Answered on Aug 25th, 2011 at 9:52 AM
Criminal Defense Attorney serving Seattle, WA
at
Eric Schurman Attorney at Law
Update Your Profile
It would be foolish to proceed without an attorney.
Answered on Aug 25th, 2011 at 8:39 AM
Criminal Trial Attorney serving San Jose, CA
at
Law Office of Thomas F. Mueller
Update Your Profile
Yes, but you improve your chances with a good lawyer.
Answered on Aug 25th, 2011 at 5:40 AM
You will not get it reduced on your own. However, an attorney can work with this and based on the facts given has a good chance of getting it reduced or dismissed. Contact me with all the facts.
Answered on Aug 25th, 2011 at 5:14 AM
Gary Moore
You have the requisite reading for a dui conviction. If you hire a breath test machine expert you may be able to win the case.
Answered on Aug 25th, 2011 at 5:14 AM
Criminal Defense Attorney serving Seattle, WA
at
The Law Office of Michael Morgan, L.L.C.
Update Your Profile
Yes, that is possible.
Answered on Aug 24th, 2011 at 8:45 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
The prosecutor will probably make the same offer to you that they would make to your attorney. The difference is, your attorney will know if this is a good deal or not, and if there is anything in the report that could get them to make a better deal or get the case dismissed. These are details to error that only a trained eye experienced in reading such reports and evaluating Data Master results can spot. And 0.8 is the threshold for driving drunk. If you are .08 or above, you are considered intoxicated so that is not a safe number. However, when they are right on the line like that machine error can factor in and whether or not the machine was properly maintained and regularly serviced. This is what you need a good DUI attorney for. A good one will more than pay for himself in what he can save you in terms of costs, fines, jail, probation, tether, vehicle immobilization, and higher insurance premiums. The stakes are too high and the system is too complex to do it alone.
Answered on Aug 24th, 2011 at 8:05 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
No. You MUST have a lawyer. You got a DWI, not a DUI.
Answered on Aug 24th, 2011 at 7:40 PM