Since we last busted on them for recruiting lawyers by telling them that DWI defense was easy and lucrative because people were willing to pay a lot of money and all you have to do is plead them guilty, DUI1.com has changed their recruiting literature. Hard to believe that the expertise of the lawyers signed up for such a service is any different though.
"DUI defense is a lucrative field. Every chance they get, state legislatures are making DUI financial penalties tougher, instituting mandatory jail terms, and lengthening suspension and revocation terms. Cops write DUIs at the slightest odor of alcohol and prosecutors are proceeding on even the weakest cases, because in the current political climate, they can't afford to do anything less. Bottom line: Today's DUI defendant has more to lose than ever. The old way of dealing with DUI just doesn't cut it anymore, because DUI isn't what it used to be. As a result, defendants are willing to pay for a real defense. Additionally, despite tougher laws designed to reduce the incidence of DUI, more people are arrested each year, making the pool of potential clients perpetually greater. If you're willing to do the work, they are willing to pay for the attention a public defender may not be able to provide. DUI Defenders at www.dui1.com is the number one result on Google. Our 1 year membership is only $380."
This is a scant month after saying "Fact 1: Most dui cases are settled before going to trial because there is really no defense. DUI is really like a strict liability crime. Once you do it, you are guilty." Can you believe these guys?
Here's an example of how DWi defense works with an attorney willing to fight even what appears a losing case.
On Monday of this week, I had a DWI case set for trial. The prosecutor had made their "Standard Offer" and was refusing to back down in any way. Having handled DWI cases for over 10 years I knew that even after trying and losing this case my client would receive NOTHING worse as a sentence than what the prosecutor was offering. There was one minor issue dealing with timely certification of records, but nothing that couldn't be cured with a motion for bifurcation (although because of a significant and unjustified delay in even filing the charges, such a motion might not have been successful).
I advised my client to proceed with trial. Even though we would likely lose, he really had nothing to lose because pleading guilty provided no benefit. He agreed. Shortly after the trial began the prosecutor asked the Officer if he saw the driver in the courtroom. Mind you, my client is sitting next to me at counsel table. After looking around for about 30 seconds at the 6 or so people in the courtroom. The officer replies, "Honestly, I can't say that I do." I'm surprised, the prosecutor is shocked and the case is shortly thereafter dismissed.
This is what a real defense is worth. The willingness to go the distance just to see what will happen. Make sure your lawyer has tried a DWI case and make sure your lawyer is willing to try your case not just if they think they can win but even if you just have nothing to lose.
Lawyers just looking to make a quick buck pleading desperate people guilty to DWI don't get cases dismissed.
