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Fighting For Client’s Rights – No Fear in Taking Criminal and DUI Cases To Trial if Necessary

Fighting For Client’s Rights – No Fear in Taking Criminal and DUI Cases To Trial if Necessary

Our mission statement at David O Defense is “Fighting for Rights, Providing Peace of Mind, & Serving the Community.”  We don’t take our stance in “Fighting for Rights” lightly, it describes our commitment to defend our clients to the fullest to achieve the best possible case resolution – even if that means putting on our legal boxing gloves to fight for our client by taking their case to trial.

David O Defense isn't afraid to put on the boxing glovesA major attribute that separates David O Defense from other law firms, is that the lawyers at David O Defense are not afraid to take a case to trial.   If it’s in the client’s best interest to go to trial our attorneys will be prepared.

One may assume, “don’t all lawyers take criminal and DUI cases to trial, isn’t that just part of their job?”  The answer is NO, many attorneys don’t want to take a case to trial.  Reasons a defense attorney doesn’t want to take a case to trial may include; the attorney doesn’t want to work that hard, they don’t really care about their client or their client’s future, they don’t want to spend the time and energy necessary to properly prepare for a trial, they aren’t a good trial attorney,  they don’t want to look foolish in front of their client or judge or jury, they don’t believe in the client, and finally the attorney may not believe they can win the case so they don’t even try.  Thus, unfortunately, to avoid going to trial these attorneys convince their client to plead guilty to the original charge or convince their client to take a bad plea deal even when it’s not in the clients best interest.

Here at David O Defense, it is all about our client’s best interests and achieving the best possible case resolution.  Our criminal and DUI defense lawyers are committed to each and every client, and are willing to put in the hours necessary to properly prepare for trial.  Our attorneys are confident in their trial skills and enjoy the challenge of presenting a proper defense.  Our attorneys know we can’t always win every case but that does not stop us from preparing and having that intention for our clients.  We don’t prepare to lose for our clients we prepare to win.

DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

In this DUI case, my client (“MC”) was arrested for driving under the influence in Snohomish county.  The state trooper stopped MC’s vehicle for allegedly “not having working license plate lights” and nothing else.  After a brief DUI investigation, the trooper arrested MC for DUI (driving under the influence).

RCW 46.37.020 mandates vehicles to display lighted headlights and other lights after sunset or before sunrise and at any other time when persons and vehicles on the highway would not be clearly discernible at a distance of one thousand feet.  This statute is relevant because it would determine by law when lights are required on a vehicle while driving and in what type of conditions.

RCW 46.37.050(3) states: “Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear…”  This statute is relevant because it specifically relates to a vehicle’s license plate and some facts related to my case.

My evaluation of MC’s DUI case; the trooper had no basis to stop MC’s car.  However, the state prosecutor didn’t agree with me.  I never take it personal when a prosecutor does not agree with me because, at times, I know they are just doing their “duty.”  So, I set MC’s DUI case for a motion hearing.  A motion hearing is a hearing similar to a trial but without a jury. There is no waiver of a jury trial for this type of hearing.  It’s a hearing where testimony will be provided by witnesses and legal issues presented to a judge.  After hearing all the issues the judge will decide and make certain rulings.

Fortunately for MC, the judge agreed with my argument and dismissed MC’s DUI case!  The judge decided the trooper did not have a reasonable basis to stop MC’s vehicle.  As MC criminal defense attorney, I put a lot of time and energy reviewing police reports, Washington State laws, interviewing witnesses and presenting my findings to the judge in a persuasive manner.  MC was very pleased his DUI was dismissed!