Handling your speeding ticket, finding a DUI attorney

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Speeding. Citation. Trial Prep. What do I do before trial?

For a speeding ticket, make sure you have all your “ducks in a row.” Make sure you have everything lined up. It’s not like TV or the movies. You’re not going to get that officer on the stand and ask that magical question where the officer just scrambles and does not know the answer. The officers are trained for trial, especially for speeding tickets. To them, it’s no big deal. So be prepared.

Your job is to educate the judge….educate the judge as far as why you should not be held responsible; that is, the verdict should be in your favor after the trial.

Photographs
Make multiple copies; blow them up if needed. You don’t need giant sizes, but make sure you lay out the history of what happened in the case–the curb, the roadway, the conditions, the construction zone, how busy it was at that time of the day. Take pictures at exactly the same time; go back the next day if you have to. Take pictures of everything.

Witnesses
Make sure your witnesses are ready. Speak with them beforehand. Make sure they are on time. If the judge wants to begin, and they’re late, most of the time you will go without them.

Documentation
If you have any documentation to support problems and maintenance, calibration, a unit or units of laser or radar being taken out of service, you can use that to support your case.

So, be prepared. Show up on time. Know what the issues are going to be. Research the factors in your case. Look at the law. Be ready to proceed, and good luck to you.

So, what do I do if the citation is much more serious than a mere speeding ticket? What if I get a DUI? My advice is not to proceed on your own. There is simply too much at risk. Hire an attorney.

How do I find a good DUI attorney?

First, you want to make sure before setting up an appointment that the attorney is familiar with the jurisdiction or the court your case is in. The attorney must be comfortable and have knowledge about DUIs in front of a particular judge and particular prosecution. Some judges and prosecutors across the country have different opinions or different resolutions for different types of cases or DUIs, such as an “adult” DUI versus a “juvenile” DUI, or someone under the age of 21 or an “under 18” DUI. Therefore, you have to make sure your attorney is familiar with the particular forum in order to provide your defense.

Second, you want to make sure your attorney routinely handles DUI. You might not want to go to an attorney who dabbles with the occasional DUI case. For example, if you have a family law attorney whom you have used for years, and that attorney has either never handled a DUI case or only takes the occasional DUI case, you may want to consider another attorney. You can hire that attorney, but you might want to consider, at least for a consultation, an attorney who practices DUI law on a routine basis, someone who knows the laws–someone who knows the issues and challenges that are particular for DUI cases–as it relates to the specific facts of your particular DUI case.

Third, take a look at or ask about credentials–associations or education as it pertains to DUIs. Attorneys are required to continue their education; this is called CLE (Continuing Legal Education). Is the attorney taking advantage of CLEs to seek out and educate him/herself on the latest issues of DUI? Does the attorney attend DUI-themed seminars and sponsored lectures? Does the attorney participate on a regular basis in outside associations such as a national DUI association? Does the attorney receive newsletters and/or updates regarding DUIs?

Fourth, as far as your particular DUI, what does it involve? Does it involve an issue with alcohol in relation to a Breathalyzer test or a blood draw, or drugs in relation to a urine test? Ask the attorney. Is your attorney familiar with each type as it applies to your case? Does your attorney have an affiliation with an outside laboratory to have the blood or urine re-tested if it is needed? Ask those questions because it is very important, if you need to go down that path, that your professional association, your attorney, can provide the defense you need.

Fifth, what about trial experience? If you need to go the distance–in front of a judge or jury for that ultimate decision, you want to make sure your attorney has the experience. He/she should be familiar with the court and should be comfortable arguing the facts of your case in front of a judge or jury. In addition to the judicial, the court, is the attorney familiar with the Department of Motor Vehicles (DMV) and the issues pertaining and relating to your driver’s license? Consider the issue of suspension or loss of your license and how that relates to your DUI? Pre or post-conviction or dismissal?

All of these are very important matters, and they should be addressed to assist you in finding the right attorney who will help provide an aggressive defense for your DUI.

Jack Pritt has been an attorney in Maricopa for two years. His office is located at 20987 N. John Wayne Pkwy, Ste. B140. To contact him, go to www.prittlawarizona.com.

Photo by Scott Bartle

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