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Is it possible for a client to win a DUI jury trial

About a year ago, I had the great pleasure of representing a client who actually worked for the Department of Defense, and he was an aerospace engineer. He truly was a rocket scientist. And this gentleman, unfortunately, was driving on the 91 freeway during construction time, and he struck a Jersey wall. The CHP arrived at the scene of the accident, my client’s vehicle was severely damaged, and when they spoke to my client, he told them he hadn’t drank any alcohol. Unfortunately, that was not true. Ultimately, he was arrested. A chemical test came back showing him to be a 0.11. He hired our office, because his entire career was on the line. He was told by his supervisors, even though he was well-liked and very well respected, that if he suffered a DUI conviction he would lose his job, a very high paying job, and more importantly, a very rewarding job for him. We tried for months and months and months to negotiate a resolution with the district attorney’s office in Riverside County, that would allow our clients to keep his job. Ultimately the district attorney rejected all our offers to resolve this case.

We tried that case for– it was a misdemeanor DUI trial, in Riverside County– for seven days, presenting expert testimony, where we used the art of psychodynamics to put the jury into the exact position that our client was facing, going through a road construction area, late At night, an area unfamiliar to him, scraping the side walls of a K-rail, and ultimately being contacted by the police. We were successful to put them into the position of our client, with a rising blood alcohol defense. And ultimately, the client was found not guilty. I’m Joe Mitchell, a criminal defense attorney with AAMA Law Group. If you or a loved one are in trouble and need help, call us

Things cops can’t make you do at DUI checkpoint

As a DUI defense attorney, one question I get from people all the time is, can I refuse a DUI checkpoint? And the answer is if you actually drive up to the front of a checkpoint where the officers are stopping motorists, then you have to stop and roll down your window and provide your license and registration and proof of insurance. But there are several key things that you do not have to do at a DUI checkpoint. First of all, you do not have to answer any questions about where you’re coming from, or whether you’ve been drinking, or how much you drank.

Secondly, you do not have to perform the field sobriety tests, such as the one-leg stand test or the walk and turn test. Thirdly, you do not have to take the pre-arrest handheld breathalyzer called the PAS test, that is, unless you are on DUI probation or you’re under 21. Moreover, the police cannot even order you out of your vehicle unless they have reason to believe that you’ve been drinking. But the key thing that most people don’t realize is that you can turn around before you get to the checkpoint. There’s no law that says that it’s illegal to turn around in order to avoid a DUI checkpoint. And in fact, doing so does not give the police probable cause to detain you, as long as you don’t commit any traffic violations in the course of turning around, such as an illegal U-turn or failure to signal. And in fact, I turn around before I reach DUI checkpoints all the time, not because I’ve been drinking, but because I don’t want to sit in that line. So the upshot is this. If you’re approaching a DUI checkpoint and you have been drinking and you have the opportunity to turn around and go the other way legally and safely, then you should do so.

But if you do get detained, remember that you don’t have to do anything other than provide your identification.