FREE Report on What you must know if you're arrested for DUI ....
3 Secret Weapons in Fighting Your DUI Charge
Plus 6 Questions You Must ask before hiring an attorney
If you are arrested for DUI (driving under the influence) or APC (actual physical control), can wreck your life in several ways. In fact, if you are arrested and either refuse to take the breath test or fail it, Your license will be revoked for a minimum of 6 months up to 3 years beginning 30 days from your arrest, unless you request a hearing within 15 days of your arrest, and win the hearing. This hearing is with the Department of Public Safety and has nothing to do with the date for your criminal case.
Obviously, if you can keep from being arrested by avoiding actions that cause the police to stop you, you'll save yourself a lot of grief. And here are the most common reasons the police will stop you:
* Weaving or Swerving
* Making wide or illegal turns
* Crossing or straddling the centerline
* Following too close
* Braking on and off without cause
* Almost hitting an object or another car
* Driving at night without headlights
* Driving at a slow speed - more than 10 miles under the speed limit
* Coming out from a local tavern
* Expired license tag or safety inspection problems.
3 Things you SHOULD do when the police stop you.
• You should be courteous to the arresting officer
• You should get out of the car when asked and show your drivers license, and insurance verification
• You should take the Breathalyzer or intoxilizer test whichever they offer you- if you don't - your refusal can be used against you both at your Department of Public Safety hearing about revoking your drivers license and in your criminal court case. NOTE: You do not have the legal power to demand which test they give you.
2 Things you SHOULD NOT do when the police stop you.
• You should not refuse to be video taped. You cannot refuse to be video taped, but you can and should refuse to take the field sobriety test.
• You should not take the field sobriety test. You are not required to do so and even if the officer tries to use your refusal against you, that is not conclusive because many people who are totally sober can not pass these tests. In these tests, the police ask you to perform certain physical tasks (watching a pen move across your eyes, touching finger to nose) which the police will use to justify your arrest.
The police officer can claim to the jury that you refused the tests because you were afraid you would flunk, but the police officers are not qualified to properly interpret these tests. Your refusal to take any of these tests has no effect on your driver's license. You are not sure the police officer will accurately report the results anyway.
Police routinely look only for and report only signs of intoxication, not sobriety, so they overlook signs of sobriety, may fail to report them, and then may not even remember them because that is not what they were concentrating on, not what they cared about at the time. How could they remember such observations weeks or months later after 99 more arrests if no mention was made in their report?
Okay, you're thinking "Gee, it's too late for me, I've already been arrested and charged. There's nothing I can do. Wrong!
I know of several "secret weapons" to fight your charge and here are just 3 of them:
1. The Breathalyzer machine can be tampered with
2. The Breathalyzer machine can malfunction
3. Arresting officers sometimes exaggerate results of field sobriety tests.
So you see, even if you failed the breathalyzer or field sobriety tests, all is not necessarily lost, but you must have an experienced and capable attorney representing you who knows the ins and outs of your kind of case. Here are some strong reasons for being very careful in your choice:
You can be convicted and actually get jail time even if this is only your first time charged. - Just think about how this will affect your life... what kind of hardship it will cause for your family.... what it will do for your ability to get or keep a job.
You drivers license can be revoked even if you're found NOT Guilty! - not being able to drive can mean you'll lose your job even if you're not convicted.
If your license is revoked your insurance rates will go through the ceiling!
Now you may be starting to appreciate how serious the situation is and how important it is to get the right attorney---- and why shopping for the lowest priced attorney can be a big mistake. Just think of how much it can cost you in the long run if you lose your job, or can't get the same kind of job or one that pays as well in the future.
Can you imagine how you'll feel if you have to depend on family or friends to drive you around? Plus the fact that when you do get your license back, you'll be paying through the nose for a long time just to get insurance.
While no lawyer can guarantee an outcome, it does make a difference to your case and your future, as to who your lawyer is.
You may or may not know this, but -- just because someone has a law degree and is a friend of your Uncle Joe's -- doesn't mean he or she is the best attorney for you.
After all, when you're talking about being charged with a criminal offense, that kind of situation is no small matter. What happens to you in the court system can affect you for the rest of your life!. Do you really want to trust your defense to just any lawyer? Just think about it -- Wouldn't you rather have an attorney like Johnnie Cochran (O. J.'s attorney) representing you instead of Marsha Clark (the prosecuting attorney in the O. J. Case)?
That's why you can't shop for attorneys like you shop for shoes. They are not all created equal! I'm sure you realize that after watching the O. J. trial. So, deciding on an attorney based on price alone does not make much sense -- that is, if you want to have the best chance of being found not guilty.
If you shop for a bargain basement attorney, you'll get a bargain basement defense. Can you really afford to settle for that? Tell me, what's your future worth? After all if you buy bargain basement shoes and they hurt your feet you can either take them back or you can live with the pain for a little while until its time to get new shoes. But in a criminal matter you can't undo the bad outcome of a bad defense. You can't take it back and start over again like you can with shoes. If you end up in prison -- seeing your family only on visiting days -- because your attorney was inexperienced or inept, what kind of a bargain is that?
No, -- what you need is someone who knows their way around a courtroom, someone who knows what they're doing in a criminal case. You don't need your next door neighbor's divorce attorney or the attorney who drafted your brother-in-law's will. And even though you may ask all your friends to refer you to someone, chances are they will not have the expert "in the know" advice on the best attorney to handle your case.
So, what are you to do? Just go through the yellow pages and pick out the name you like the sound of or the attorney with the biggest ad? I don't recommend that approach either..
You probably would like most to know how well the attorney does at getting his clients a not guilty verdict, or at least getting a lesser charge. And I am very proud of what I have been able to do for my clients. However, I think it's more important for you to hear about some sample cases as well as what my clients have to say about me. So please Click here to read what they say, not just what I say.
There are also a few other ways you can determine if you've found the right attorney to handle your case --- so you have the best chances!" After being in the criminal law field in Oklahoma City for 27 years I think I can offer you some advice on the 6 most important questions to ask a lawyer before deciding to hire him.
1. First of all, you must ask -- "How many years has he practiced criminal law?" Of course, the longer the time -- the more training and experience he will have. Ten years or more gives you a good probability that he will have expert knowledge to use in getting you the best outcome for your case. This expert knowledge not only relates to knowing the laws, but also knowing the other lawyers, judges, and how they operate,... and being able to figure out the best strategy for your case.
2. Secondly , you must ask -- "How many trials has he handled?" Obviously, you would rather have someone who has tried a lot of cases, ideally 100 or more. An attorney with that level of experience is going to be better at such things as jury selection, negotiating reduced sentences, closing arguments, and any number of critical elements in a criminal case. You don't want to get someone just out of law school!
3. Next, you should ask -- "How many were jury trials?" Jury trials are very different from other trials and are a true test of the attorney's ability to think on his feet. Again you want that number to be high -- say -- at least 50 or more. One of the ways I see defendants unknowingly losing their ability to get the best plea bargain (without going to trial) is having a lawyer who is inexperienced in trials or who avoids them altogether. Believe me, the prosecution can smell that inexperience and therefore will not offer as good a plea. But, if the prosecution knows the defense lawyer is not afraid of trial, your bargaining power is immensely improved. You see, the assistant D.A.'s don't want to waste their time trying a case if they think your defense attorney will win.
4. There's another key question to ask that almost no one asks because this is a little known credential that most attorneys will not tell clients about. And that question is --"Is he a Certified Criminal Attorney by the National Board of Trial Advocacy? -- This is a designation few attorneys have. It means the attorney has tried at least 40 jury trials along with several other rigorous requirements. You can be sure he/she has the experience you want and desperately need if he is certified. This certification comes from an impartial board that has certain strict National requirements for attainment not based on any "political" or biased considerations.
Few attorneys are certified because they either do not have the strict qualifications it takes or they do not care enough about their clients to give them that reassurance.
5. Something else you want to know is "Will he provide you with at least a monthly update on your case?" Many attorneys leave their clients in the dark about what is going on. This "not knowing" can drive you crazy and make it hard for you to concentrate on other things in your life like earning a living -- which can actually cost you money and maybe even give you headaches, ulcers, or high blood pressure!
6. Last, but not least, you must ask, "Will he give you a flat fee price or charge an hourly rate which can go on forever?" After an attorney does a thorough job of determining what kind of work is needed for your case, if he is experienced, he should be able to quote you a set price. After all, you want to know what it will cost you -- without having to worry about an attorney who purposely drags things out to run up his fees!
Ok, so you're probably wondering what would my answers be to the above questions. So I'll lay it out for you.
* As I mentioned I have 27 years experience in criminal law in Oklahoma City, --- or in other words, I've been around the block a few times. I am a former prosecutor, having worked for Bob Macy for a number of years as an assistant District Attorney. In fact, I trained a number of the current prosecutors that are there now. So, I understand how the other side thinks and acts. And let me tell you-- this inside knowledge is a real edge in criminal defense.
* Over those years, I have handled several Hundred trials
* Well over 100 were jury trials.
* I am one of only a handful of attorneys in this state who is a Certified Criminal Attorney --certified by the National board of Trial Advocacy.
* You will receive an update at least monthly, on your case if you choose me. I don't want to leave you in the dark and all nervous. If I ever miss giving you your monthly update -- You can deduct 20% off my fee---- That's my guarantee to you! Tell me, when have you heard of any other attorney giving you that kind of Guarantee?! -- Probably never!
* After you share with me everything I need to know to analyze your case, you will receive a Flat Fee Guarantee from me to handle your case -- so you will know how much its going to cost before I start. This way you'll know that I'll do a great job on your case in as short a time as possible. You see, I'll have no reason to drag things out because my fee won't be based on the number of hours I bill you. What that means to you is that you can get this situation over with as soon as possible and get on with your life
After all, isn't that what you're after -- to improve your chances of getting the best outcome, being kept up to date, knowing what it will cost, and getting this handled so you can concentrate on the rest of your life!
Since you've come to this website, you or a loved one probably have a pending DUI or APC criminal legal problem and so... what I am going to do for you, if you call me and mention this website you'll receive a Free 30 minute legal examination of your situation. All you have to do is call me at 405-728-8223 to schedule an appointment. If I'm in trial, I'll get back to you within 48 hours.
I want you to know that even though I have allowed a certain amount of time for some of these FREE legal examinations, my busy schedule may not allow me to take your case (There is only 1 of me and my time is limited - so calling right away will improve your chances!) So if you put this off and call too late, don't be surprised if I have to recommend some other attorneys as second choices.
Ed Geary, Attorney at Law
5601 NW 72nd Street
405 - 728 - 8223
P.S. Just pick up the phone and call my office at 728-8223 and mention this website, to schedule your FREE 30 minute legal examination. And, if after the Free 30 Minute Legal examination, you don't think I'm the right attorney for you, YOU WILL OWE ME ABSOLUTELY NOTHING. No hassles and No Hard Feelings! So you really have nothing to lose!