Legal Question in DUI Law in California

My son is convinced that on his DUI, first time offense, with the minimum .08, that the results will be the same with or without a lawyer, and he doesn't have the money for a lawyer. I would accompany him and speak in his defense if permitted, telling the judge of his recent hardships with his mother passing away, and his going through a divorce right now, that had something to do with his driving after drinking.

Is the having lawyer vs. not having lawyer a big factor in this case? Are they more apt to be tougher on him w/o a lawyer present? And what would the results be most likely in both cases if there's a difference. (The court case is scheduled for Nov. 3.)


Asked on 10/28/09, 4:51 pm

3 Answers from Attorneys

Gary Polston The Law Office of Gary M. Polston

I am sorry to hear about your son's hardships. If he cannot afford an attorney, a public defender will be appointed for him. Whether he will fair as well with a public defender as opposed to a private attorney all depends on what is trying to accomplish with his case.

As much as you want to help your son, you will probably not be permitted to speak on his behalf. I always advise my clients to let their attorneys do the talking.

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Answered on 11/02/09, 6:15 pm
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

Virtually all people do better with a lawyer than without one. If he can not afford a Public Defender one will be appointed, but only for the criminal case. He will still need an attorney at the DMV hearing. That is a seperate hearing held by the DMV to determine if they should take his license for up to 4n months if over 21 and for a year if under 21.

If he is over 21 and truly tested at a .08, a good lawyer will have the charges dismissed based on the range of uncertainty or at least reduced down to lower the fines, jail time and other penalties. Tell your son not to be so fast in his decision.

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Answered on 11/02/09, 6:51 pm
Terry A. Nelson Nelson & Lawless

It is only partly a sales pitch to encourage him to get an attorney. If attorneys were 'of no value' there wouldn't be a business for them for the last 6 centuries. The DA and court will recognize that it has 'cost' him something already and will be inclined to go easier on him than if he comes in presumptuously assuming he can negotiate as an equal with a DA who's job it is to convict him. There is a range of 'deal' potential available with the right presentation. If he really can't afford private counsel, apply for the Public Defender. You don't get to speak for him unless he is convicted, then you get to do so only at sentencing hearing. If he gets serious about hiring counsel, feel free to contact me for legal help

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Answered on 11/02/09, 7:09 pm


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