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Defense Attorney, David O, Answers Your DUI Questions and More – Part 2

Written by David O
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Defense Attorney, David O, Answers Your DUI Questions and More – Part 2

Let’s continue with more commonly asked questions by clients.  Want to read Part 1, link here.

 

Frequently Asked DUI Questions and More – Part 2

Q.  I was arrested and charged with a crime, yet I haven’t received a court date in the mail, what does this mean?

A.  There are a few possible answers to this question; 1) The city, county, or state is still processing the charge and your case will be filed at a later date.  Once filed they will mail you your court date.  They have up to 2 years to do this.  2)  The city, county, or state did mail your court date notice but they did not have your current address.  If you miss your first court date, the judge may issue a bench warrant for your arrest.  Make sure the city, county, or state, and the department of licensing has your correct mailing address.

 

Q.  What is an arraignment?

A.  The first appearance in court is called the “arraignment” or  “arraignment hearing.” At this hearing the individual charged with a crime will be formally told of the crime(s) he or she is accused of and will be advised of their rights.  Additionally, the judge will want to hear the individual plead guilty or not guilty. I strongly encourage every client to plead not guilty at the arraignment hearing.

 

Q.  I just found out I have a bench warrant out for my arrest, what do I do?

A.  If you have a bench warrant out for your arrest, you must have missed a court date or failed to comply with court orders.  Contact me right away so I can make a motion to quash your bench warrant.  When a warrant is quashed it means it has been overturned and no longer in effect.  Generally a judge will quash a bench warrant if you have a valid reason for violating the court order.  If you choose to ignore the bench warrant, it will continue to be in effect and at anytime you could be arrested and taken into custody.

 

Q.  Why should I hire David O Defense for legal representation?

A.  I know I am among the top criminal defense lawyers in this state.  What sets me apart from the other top criminal defense attorneys is my focus and attention to my clients as a whole.  I truly care about my clients and their case outcomes.  I will work harder to achieve the best possible outcome.  Additionally, I make myself available to my clients 24/7 by phone, text, or email, and am willing to travel to my clients if needed.  Lastly, we allow for flexible payment plans to be budget friendly.

 

Have more questions, no problem, give me a call or send me an email, I would be happy to answer them 206-459-6392 or david@davidodefense.com.

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Defense Attorney, David O, Answers Your DUI Questions and More – Part 1

Written by David O
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Defense Attorney, David O, Answers Your DUI Questions and More – Part 1

business manI’ve been a criminal defense attorney for many years now and I have met with many clients.  Through client conversations and meetings I’ve noticed that clients tend to ask the same questions…  So I thought it would be a good idea to blog about these frequently asked DUI questions and other frequently asked questions and I will provide my answers.  Hopefully this Q&A is helpful!

Frequently Asked DUI Questions and More – Part 1

Q.  What is your legal fee for a DUI?

A.  I do not have a set fee for a DUI.  Because each DUI case and each individual charged with a DUI are unique I prefer to meet in person for a free consultation where I can discuss the circumstances of the case and  criminal history.  After getting to know more about the person and their case, I know how much work and time it will take to achieve the best possible case resolution and I can provide a flat legal fee quote.  On average I charge a flat legal fee of $4000 – $6000 for a DUI.

 

Q.  What is your legal fee for other criminal charges?

A.  I do not have set legal fees.  I prefer to talk with each individual charged with a crime, find out more about them and their case and then I can determine their cost for legal representation.

 

Q.  What is the penalty for a first time DUI offense?

A.  It depends on your Blood Alcohol Concentration (BAC) result when you blew into the DUI breathalyzer or had blood drawn or if you refused to provide a BAC sample:

BAC result less than .15 = 1-364 days in jail or 15 days of EHM (electric home monitoring), $941-$5,000 fine, ignition interlock device for 1 year, and 90 day license suspension.

BAC result more than .15 or refusal = 2-364 days in jail or 30 days of EHM, $1,196-$5,000 fine, ignition interlock device for 1 year, and license revocation for 1 year if BAC result was more than .15 or license revocation for 2 years if BAC was refused.

 

Q.  Can you guarantee my case will get dismissed?

A.  No, I cannot guarantee your case will be dismissed and no other attorney should tell you that they can guarantee your case will be dismissed during the early stages of your case.  DUI cases and other criminal cases take a lot of work to negotiate, investigate, and sometimes going through trial before a resolution can be reached.  I cannot guarantee your case will be dismissed but my goal for each and every client is to work hard to achieve the best possible case outcome.

 

Q.  How should I dress for court?

A.  I tell clients they should dress as if they were going to church.  For men, slacks or nice jeans with a button down or collared shirt is appropriate.  Men do not need to wear a suit unless they would like to.  For women, a conservative dress, slacks or nice jeans with a blouse works well.  Dressing appropriately, shows the judge that you are taking the case seriously and that you are being respectful while in the judge’s presence.

That’s the end of Frequently Asked DUI Questions and More – Part 1. Hope it’s been helpful!  Link to Part 2.

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Abby Wambach, U.S. Soccer Champ Charged with DUI

Written by David O
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Abby Wambach, U.S. Soccer Champ Charged with DUI

Anyone can make a mistake!  U.S. women’s soccer champion, Abby Wambach, recently made a mistake early this month when she was arrested for DUI after having dinner at a friend’s house.  She has taken the high road, admitting she made a mistake of deciding to drive under the influence of alcohol and more importantly voiced that she will not do it again, “I take full responsibility for my actions. This is all on me. I promise that I will do whatever it takes to ensure that my horrible mistake is never repeated.”

Soccer player for DUI blog, "Abby Wambach, U.S. Soccer Star Charged with DUIRetired soccer forward, Abby Wambach, was heading home late Saturday night, April 2nd, when she was arrested for DUI.  According to Portland Oregon police reports, the 35-year old soccer phenomenon ran a red light in her 2014 Range Rover.  Police pulled her over and immediately suspected she had been drinking.  The police asked Abby to take the DUI field sobriety tests and she did trying to be cooperative.

David O Defense always suggests to respectfully refuse to take the DUI field sobriety tests, because they are voluntary tests.  The tests are very difficult on purpose so that individuals will fail.  Even a supreme athlete, such as Abby Wambach, two-time Olympic Soccer gold medalist and six-time winner of soccer athlete of the year, cannot pass the DUI field sobriety tests.

After failing the DUI field sobriety tests Abby was taken to Central Precinct in downtown Portland.  There at the station Abby took a breath test, which she also failed.  She was later released from the precinct after processing.

Soon after Abby released a remorseful message on her Facebook page;

Last night I was arrested for DUI in Portland after dinner at a friend’s house.
Those that know me, know that I have always demanded excellence from myself. I have let myself and others down.
I take full responsibility for my actions. This is all on me. I promise that I will do whatever it takes to ensure that my horrible mistake is never repeated.
I am so sorry to my family, friends, fans and those that look to follow a better example.
– Abby

The moral of this story is that anyone can make a mistake.  Hopefully most can follow Abby Wambach’s example by owning up to their mistake, doing what needs to be done to correct their mistake, and then making sure it doesn’t happen again.

Good luck with your DUI case!

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