1. Assuming There is No Defense: Yes, this is the same as the number one DUI client mistake, but there’s no excuse for a lawyer to make this mistake. Time and time again lawyers stop me in court, give me a set of facts, and ask me what can be done. Like most people, most lawyers think that there’s no way to beat a breath or blood test. Nothing could be further from the truth. There are dozens of ways to beat a blood test, and even more ways to beat a breath test. There are also dozens of legal defenses, the kind that can lead to the dismissal of your case. Of course the only way to know what defense applies to your case is to do a thorough investigation of the case, which brings us to mistake number two:
2. Failing to Adequately Investigate the Case: Most Michigan lawyers handling DUI cases appear at the first pretrial and there, for the first time, look at the police report. Then they go and convince their clients that the case can’t be won. What did the lawyer expect; that the report written by the same officer that arrested you would show that you weren’t drunk? Looking at the police report is practically the last thing that should be done when trying to actually defend a Michigan DUI case. The first thing is a detailed client interview, with questionnaires to help the lawyer spot potential defense issues. Next comes and viewing of the “scene” of the arrest. After that, obtaining the entire officer’s training materials, the documents to support that the breath or blood testing equipment was properly maintained and that the test was properly administered. The central question here is: what is the officer supposed to do, what did he do that was different, and why does it matter? Without a proper investigation there is no way a DUI in Michigan can ever be won.
3. Failing to Obtain a Proper Education: Law school does only one thing; it teaches a person how to learn the law. It does not teach a person how to practice law, and it certainly doesn’t teach a person how to win a trial. These things only come through self-directed study. Here’s a shocking fact for you; Michigan is one of only a hand full of states in the entire Country that does not REQUIRE continuing education! Trouble is, Michigan DUI law is so darn complicated. The only way to really know and understand it is to attend seminars. Lots of them. And not just legal seminars but seminars on breath, blood and field sobriety testing. This is the only way to really ethically advocate on behalf of a person accused of a Michigan DUI.
4. Not Fighting for Client’s License: Many Michigan DUI lawyers think that a Michigan implied consent case can’t be won. In fact, an old Michigan DUI trial manual recommended that lawyers not even attend these hearings! Often, the battle for the client’s driver license is often the most important battle in the entire case. These cases can be won, but doing so requires time, and it requires specialized knowledge. Make sure to hire a lawyer that has both.
5. Assuming the Cop Followed the Law: One thing about cops. They think everyone else has to follow the law – but not them! It is astonishing how often cops get training and then don’t follow it. Of course the only way to know if the cop followed the law applicable to the stop of your car, the investigation of your case at the road side, the arrest, and the collection of the breath or blood test is to know more than the cop. They used to say “all road lead to Rome.” As you can see, when it comes to Michigan DUI defense, all roads lead to training!
6. Not Explaining the Law to Their Clients: The biggest complaints clients have is that their lawyers didn’t take the time to answer their questions. At the Barone Defense Firm we believe that well informed clients are the best clients. We will always take the time to answer all of your questions, but letter, phone call and email. We are never too busy to help our clients!
7. Not Recommending Treatment to Their Clients: Simply being charged with drunk driving does not necessarily mean you are an alcoholic. However, research indicates that the probability that a person has an alcohol disorder increases according to the number of drunk driving arrests the person has had. The courts, on the other hand, may assume that even one arrest means you are an “alcoholic” even after your first arrest. And, they may be right. Consequently, you, your lawyer and your psychologist must work together to help the court see that you are not a danger to society and that your alcohol problems, if any, are “fixable.” The best lawyers have relationships with the best treatment centers and can help you find and follow through on the best treatment options.
8. Failing to Ask the Right Questions: The only way to know if you have a GERD defense, if you’ve been exposed to interfering substances, or if you are in a category for which blood testing is excluded is to ASK! Many non-DUI lawyer specialists don’t ask the questions because they don’t even know to ask. Because there are so many potential limitations to chemical testing, unless your attorney has taken the time to gain a high level of knowledge regarding these issues and testing protocols, you may miss out on defenses to your case that could lead to a dismissal or a significant reduction. It is also possible for you to be wrongfully convicted. Please don’t let that happen by retaining an unqualified lawyer.
