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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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I just got a Dui. Im due in court oct 25th, there is a pre

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I just got a Dui.   I'm due in court oct 25th, there is a pre hearing that I will attend with the cop present that I understand could be a chance to get the case taken out of the court. The officer pulled me over after folling me for a few blocks. I asked why i was pulled over, I was driving the speed limit, I was not swerving, I used my signals, he said that my lights seemed more bright than usual, failed to dim headlamps. I did not have my brights on, I did have my drivers lights on, two smaller lights on the bottom, or fog lights, I always use these. He asked me if I had been drinking and I told him I had had two drinks, I got the roadside test, did fairly well, except for holding my leg out for 10 seconds. I blew .148. My question is, and I dont have the money of course, but should I hire an attorney for the meeting before the trail or at the trial?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  lwpat replied 6 years ago.
Subscription customers. An ACCEPT is credited to me but you are not charged. Followup questions WILL be answered if my first answer is acceptable.

If the officer did everything correctly, and most do, then you will be convicted. The preliminary hearing is simply to show that the officer had probable cause. When you admitted to drinking that gave him probable cause. The attorney will review the videos and see if there is anything technical that was done wrong and then get it put off for you, possibly for as long as two years. The longer the better. The fee you have been quoted is normal. To have any hope of a dismissal or reduction you need to hire the attorney but your chances are about one in four.
Customer: replied 6 years ago.
Thank you for your time and answer. So from your answer it sounds to me that at the preliminary hearing, hiring an attorney gives me a good chance of putting off the court date already set. You then say "the longer the better." Could you give me more insight into this thought or statement? Im thinking more time gives me more of chance to save money and prepare myself for the eventual future trial date< study up on what I can do to make my sentence a better outcome?
Expert:  lwpat replied 6 years ago.
Im thinking more time gives me more of chance to save money and prepare myself for the eventual future trial date.

That's true but the older the case the more the prosecutor will want to get it off the docket and may be willing to deal, the officer may retire or leave the department, they may lose the video (have actually had it happen) or any number of things.
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