In the past few months I have had 3 DUI cases dropped by the State. All were flawed as a result of the poor policing in the cases. The most recent had a video showing the officer did not do what was in the police report. Prior to his having a video camera, I had used his KGA Broadcast to get another of his DUI arrests dismissed. The one two weeks ago had no basis for the stop, and but for my client’s notoriety, he would not have been arrested, must less charged with resisting arrest.
Once again you have to know what to look for and how to find it. Lawyers who do not do the work do not get positive results. Lawyers who are not respected for the quality of their work get horrible results. A lawyer who I have been critical of on the Criminal Defense Attorney’s List Serve gets an offer of 9 months in a case where to offer is outrageous. This is negotiated with the State and the judge. I tell him when he comes out of the back that he should surrender his law license for this. He laughs and nods his head. The lawyer knows he is in over his head and comes to me in the hallway and tells me he wants his client to hire me. The client does so and there is no solid reason for this guy to go to jail. His violations were financial obligations, not anything involving public safety. I am apoplectic about the offer when talking to the new prosecutor who is also rational and fair, and was not the one involved in the 9 month offer. She goes to the front office and presents the facts, and they agree this is not a jail case. The client pays $185.00 for court costs and goes back to working and taking care of his family. It would have been criminal for this guy to go to jail, but the lawyer had no “court cred” and was treated as a trifling. Now this should not happen, but it does, and a decent man almost lost everything. To the lawyer’s credit, he did right by the client by getting out of the case.