Potential clients often ask me to tell them their mathematical chance at winning their case. Many ask for my "record" or the "records" of my associates. The question is entirely understandable, but its premise is based on a misunderstanding of the complexities of a legal problem. I tell everyone that calls my office that it is impossible to predict the outcome of someone's case until we thoroughly investigate it, and any Georgia DUI Attorney that says anything otherwise, is not being honest.
Every Georgia DUI Case is Different:
No two DUI arrests are the same. There are thousands of permutations of facts and circumstances in any arrest. When we investigate a case, we look the following circumstances:
- The manner of driving
- How a person is pulled over or whether there was an accident
- Were there injuries in an accident
- Smell of alcohol on a person's breath or person
- Manner of speech
- Ability of a driver to follow an officer's instructions
- Performance on standardized field sobriety tests
- Performance on non-standardized field sobriety tests
- Officer training
- Officers procedures during the arrest
- The arrest itself
- Post-arrest questioning
- Chemical Testing or Refusal
- The attitude of the accused and their overall behavior
- The position of the arresting officer and his or her opinion of the accused
Every Jurisdiction is Different:
A court is made up of an amalgamation of human beings who have their beliefs, biases, and values. Some judges and prosecutors are more forgiving of first offenses, and others are not. Within each jurisdiction are also Assistant Prosecutors who also bring into every case their views. My point is that the law is the ultimate human endeavor. Thus, we cannot put the facts of a person's case into a computer program and output a result. The practice of law is both a social science and an art. That is why Georgia DUI Attorneys are better than others.
Every Person and Their Situation is Different:
When evaluating a case, one of the first questions we ask is about prior offenses. The single most important fact in a criminal case is whether it is a person's first offense. Most judges and prosecutors afford first offenders far more leeway than those who have had prior offenses.
For example, a person is far better off with a more serious first offense than a borderline second offense. Most prosecutors are very reluctant to reduce or dismiss a second DUI arrest. That does not imply that all first offenses get a good outcome. My point is that all of us are more judgmental of people who have made more than one mistake.
Another important factor is the age of the accused. When a person is 19 years old and is charged with their first offense, that raises far more concern than a 69-year-old person who has never been accused of a crime. Juxtaposing an entire life's good work against one mistake is far easier to excuse than a young person who has started getting into trouble a young age.
How to Choose a Georgia DUI Lawyer?
I tell everyone that they must take a leap of faith when choosing legal counsel. We cannot predict the future. Look at the reviews of a potential choice; however, understand that every case, jurisdiction, and situation is different. Choose an attorney that is honest and straight forward in both their analysis of the situation and potential outcomes. Never choose someone who makes a promise of an outcome before investigating your case. We are here to help if you feel we are the right choice and wish you good luck!