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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son's atty is recommending that he take a plea deal and

Customer Question

My son's atty is recommending that he take a plea deal and not go to trial on his 1st Dui with accident & b.a.c .14 case in Glendale, CA (Los Angeles). Does that mean that he does not think that we have strong enough arguments to work with in trial for a not guilty verdict? The police arrived to the scene over 30 mins after the accident & my son was not driving or inside the car when they arrived. He was standing on the side of the highway near the car but sufficiently away from it. No other car was hit nor did anyone get hurt (the car hit the dividing barrier of the highway). We were hoping for a not guilty or at least a wet reckless but instead the plea deal includes: 3 yrs probation, alcohol classes, victim impact statements from "mothers against drunk driving" also known as "MADD", fines, a breathalyzer machine attached to his car, & I think that's about it. My question I guess is should we take the plea deal or go to trial?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Criminal Law litigation attorney. Thanks for your question. I'll be lad to assist.
You really should put the most stock in the advice of his attorney because he knows the facts, the probability of prevailing and how re judge will deal with this. So, it's difficult to say that the lawyer you hired isn't giving you th best advice and acting in your best interest.
When you have someone blow that high, nearly twice the legal limit, that's tough to win. Also, it doesn't matter that he wasn't in the vehicle at the time the police arrived and it doesn't matter if no one saw him driving.....if the circumstantial evidence shows he was there and there was no other person around that could have been driving, he's going to be considered the one who was driving.
Thus, your lawyer is likely trying to get a sure thing instead of the maximum penalties the judge can hand down if he goes to trial and loses.
So, your son likely should listen to his lawyer....and if there are any specific issues about the deal that concern him, he should talk to his lawyer.

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