QUESTION
How can I get a DWI dropped and what are my options?
Asked on Aug 14th, 2011 on Criminal Law - Texas
More details to this question:
I was involved in a car accident DUI and felony assault SBI, my fiance was in the passenger seat without her seatbelt on.When I hit the other car she slid out the seat (she was in a curled up position sleeping) her ankle broke. She has signed an affidavit explaining the situation and not pressing any charges on me. I did take the field sobriety test and also blew a .18. I currently have an attorney that I have paid $15,000 but I feel as though he is not giving me the correct advice. What are my chances for trial by jury rather than have him work out a deal with the prosecutor (whom he says he knows personally). I am currently pursuing a Medical degree and this (my first DUI) will be a huge obstacle. They did offer a course I could take that would drop my DUI charge but this would be an 18 week course in another county. I was hoping that the House bill sb 218 would have passed allowing first time offenders deferred adjudication but it did not pass. So now I am currently facing DWI/Intoxicated assault/evading. I was not evading I was pulling my car off to the side of the highway and the police officer stated I was evading because I had gotten out of the car, then got back inside to move the car (at 20 MPH) on a highway to the shoulder. Also since I have signed this contract with my lawyer would I be able to drop him for another? Since I am dissatisfied with his services (he doesn't even know my name when we go to court and has to look it up, has treated both myself and my fiance negatively, has been considerably rude, and seemingly has no interest in my case etc). what options would I have in terms of suing him etc? What are my possibilities of having the DWI dropped as well although I did blow over the limit? I had 3 drinks but I am 115lbs , and my body produces ALDH2*2 enzyme so alcohol break down is slower. (I had consumed the drinks around 2.5 hours before driving).
2 ANSWERS
Simon Brian Purnell
The short answer is that yes you can fire your lawyer. The practical question is whether he does not know your name, etc. because he is focused on the issues in the case (rather than your name) or if he is simply not paying attention to your case. Either way, its up to you whether you choose to continue with him. Of course, you will be out the money you have paid him, but if he is not taking care of your needs, then that may be the least of your concerns. As far as how the case needs to be handled, it sounds like there are defenses to each case that need to be addressed. First, can they prove you were intoxicated given your individual characteristics? Second, does moving the car arise to the level of evading? Third, is this case the type of case where a jury would find intoxicated assault? All of these issues are case specific and would be determined by a jury. There are never any guarantees on what a jury would do, but if the state is not offering an acceptable plea, a trial may be your best alternative. The decision to plea or try the case is always yours (not your lawyers). Your lawyer should only advise you on what the alternatives are and the likelihood of an adverse outcome at trial. I hope this helps.
Answered on Aug 17th, 2011 at 5:52 AM
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Cynthia Henley
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You are asking for a lot by asking this question on your case. Your case is very complicated and seems to me that you are lucky to have the option of taking a course and having the case dismissed. .18 is quite high, and the fact of the accident is very bad for a DWI case. A lawyer would need to review ALL the facts and see your video, get information on the intoxilizer, etc., in order to give you advice on how to proceed. Certainly the medical information about your body producing ALDH2*2 would be interesting but would require an expert. Certainly only 3 drinks consumed 2.5 hours before driving should not have made you over the legal limit, and certainly not .18. As far as your lawyer's representation, if you are not satisfied, you are free to hire another lawyer to substitute in but you will likely have to pay that lawyer. You might be able to hire a lawyer to consult with your lawyer under the understanding that your entire future is at stake and you just want to be certain.
Answered on Aug 16th, 2011 at 12:31 PM