Posts tagged DUI defense lawyer

DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

Austin Seferian-Jenkins Talked Too Much and Scored a DUI

It just never pays to talk too much to the police, especially when they suspect you’ve been DUI, Driving Under the Influence of alcohol.  Nobody knows this better than pro NFL player, Austin Seferian-Jenkins, who could have slipped away from police with just a written warning for speeding.  Instead of using the right to remain silent, ASJ chose to chit-chat with officers which lead to a DUI charge.

It was about a month ago when former University of Washington Husky and now New York Jets tight end, Austin Seferian-Jenkins was pulled over by Florida Highway Patrol.  According to police reports, ASJ was allegedly speeding 75-80 mph in a 55 mph zone.  During the questioning, officers discovered that they had pulled over a pro athlete and this may be the reason they were going to let him go with just a written warning, even though they could smell alcohol on this breath.  However, Seferian-Jenkins couldn’t keep quiet.

ASJ continued to make small talk with the officers.  He talked about passing the DUI field sobriety tests, he apologized to the officers  for wasting their time, he spoke about his catches on the football field and recent touchdowns, he continued telling the officers how he wanted to go to his quarterback’s house for a meeting and how he wanted to go home after and watch American Horror Story.

The officers could hear Seferian-Jenkins slurring his words and observed odd behavior. All the babble gave the Highway Patrol time to check his driver’s license which revealed ASJ was required to have an ignition interlock device in his car from a previous DUI charge back in Washington State.  This was enough for officers to arrest and charge ASJ for drunk driving.

Quiet Please Pop Art Woman, Austin Seferian-Jenkins DUI blogWhile on his way to the station, the 6’6″, 262 pound NFL player kept saying he needed to take a, “huge sh*t,” right away.   The officer quickly replied not in his new patrol car.  ASJ laughed and said he wouldn’t but the officer better hurry and get to the station.

Here at David O Defense, our DUI defense attorneys always recommend very minimal talking with police officers.  Talking does not improve a person’s situation, it only makes it worse.  A person will not talk their way out of a DUI charge, they will only talk their way into a DUI charge, just as ASJ did!

SHHHH!  Don’t talk to cops!

 

 

Not Just Any Old Lawyer Will Do ~ Hire a Reputable DUI Lawyer

Are you looking to hire a lawyer to defend your DUI charge?  Make sure to do a little research before choosing a criminal defense attorney, not just any old lawyer will do.  You’ll want to hire a reputable DUI lawyer!

Sure, any old lawyer could show up to court and move your case through the judicial system, but that’s not enough, especially when you consider the possible consequences of being convicted of a DUI; suspended driver’s license, jail time, fines, and more.  Choosing to hire a reputable DUI lawyer will give your case the best fighting chance to get optimal results.

Check out these 4 Reasons you should hire a reputable DUI lawyer over any old lawyer!

  1. A DUI attorney is well-practiced in defending clients charged with drunk driving or driving under the influence of drugs.  Attorneys that practice other types of law will not have as strong of a skill set in the practice of DUI defense law.  For example; if you needed to see a doctor because of heart pain, you would be best served seeing a doctor that specializes in the heart such as a cardiologist rather than seeing a primary care doctor who would have less knowledge about the heart.  The same is true with law; if you need help with a DUI you would be best served with a reputable DUI criminal defense attorney rather than an attorney that practices multiple types of law.
  2. During DUI negotiations, an experienced DUI attorney is more capable of discovering legal issues and developing those issues to present to the prosecutors.  A stronger case presented to the prosecutors = better case resolution.
  3. Washington State DUI laws and penalties change frequently, a reputable DUI lawyer will be up to date on those changes and can use those changes to better serve their clients.
  4. And lastly, a DUI criminal defense attorney works closely with reliable resources such as treatment agencies and ignition interlock companies to make the DUI process easier and less stressful for clients.

So take a little time and do some research before hiring the first attorney that comes to mind or is at the top of your Google or Bing search.  Check out some websites, read some attorney reviews, and meet up with a few DUI lawyers in person.  You will get a much better idea of how that reputable DUI lawyer will handle your case and you’ll feel much more confident as your case moves through the judicial system.

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com

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