How to beat A Dui Case In Illinois
How to Convince a Prosecutor to Dismiss My DUI Case? (A Former DA Explains)
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as a former DUI prosecutor now a DUI
defense attorney people ask me all the
time how can I convince
- cuter - cut me a break and dismiss my
DUI case well today I want to address
two misconceptions or two things that a
lot of people think would be persuasive
to DA's but really are unlikely to
convince them to dismiss your DUI the
first is showing that you have good
moral character so maybe you've never
been in trouble before maybe you were an
honor student maybe you've got a great
job
maybe you provide for your family maybe
you coach Little League
maybe you contribute to charity maybe
you're a veteran and you served in
combat and you have PTSD
unfortunately the prosecutor usually
does not care too much about these
things and is unlikely to cut you a
break because of them the fact is that
most people who get charged with
first-time DUI are good people
are normal people who have no prior
criminal record and they rarely get a
break because of that the second
misconception that a lot of people have
is that the prosecutor will sympathize
with them if they are going to suffer
harsh consequences due to a DUI
conviction maybe if you lose your
license you won't be able to work maybe
you lose your job maybe you won't be
able to provide for your family
maybe you'll lose your professional
license we call these collateral
consequences sometimes the DA will
consider these things but usually they
will have very little sympathy usually
they will say hey if this person really
cared about their family and their job
then they wouldn't have been out there
drunk driving so if those things are
unlikely to convince a prosecutor to
give you a break what sorts of things
will well the answer quite simply is
showing the DA that there's problems of
proof or problems with their evidence in
the case so maybe the police officer who
arrested you lacks credibility
maybe the crime lab that tested the
blood made mistakes
maybe the breathalyzer that you used had
not been properly maintained maybe you
have a documented medical condition that
causes falsely high readings on the
breath
vizor these are the sorts of things that
will signal to the prosecutor hey if I
take this case to trial there's a good
chance I may lose and get a not guilty
verdict and those are the sorts of
things that are more likely to persuade
the prosecutor to come to the table to
cut you a break and to reduce or dismiss
the charges and the fact is these sorts
of problems and the evidence are present
in almost every DUI case and it's the
job of a good DUI defense attorney to
uncover them and bring them to the
prosecutor's attention
