During the Presidential elections we have heard the name Abraham Lincoln brought up by both parties. I suspect with the transition this week, we may hear Lincoln’s name even more often. However, it is not because he could not tell a lie but rather that he was a President everyone should try to emulate.
However, there is a big difference between telling a lie and not talking. In that regard, PI/DUI cases have a lot in common, with respect to what clients should or should not do. In both instances “Silence is Golden”. As a rule the less you talk the better off you are. Don’t admit fault in an accident or admit guilt with a DUI. It is not always what you say, but what the other side THOUGHT YOU SAID.
DUI and PI Clients should take down their social media. Investigators for the DA or Insurance Company can save a lot of money and gather a ton of info by just checking Facebook sites etc. Some accident victims post that they are going skiing or entering a marathon right after an accident.
Of course, this is after they complained to the doctor about how much they are hurt, and all the things they cannot do. Arguably if they can play a sport then they were not that injured that badly in the accident.
A client shouldn’t post that they were lucky not to have been stopped the day before when they were even more drunk or any other post about their drinking and or driving etc. It is a good idea for a client to also hire a local attorney, who will know the judges and court employees and that should be done ASAP. Once a client has a lawyer they can no longer be contacted by an investigator on either type of case.
Preserving evidence, by writing things down right away, helps. Smart cell phones can be used to take picture of parties, CDL, cars, streets and to obtain statements from drivers and wits.
The law arguably wins every time, no matter what kind of case one discusses. Whether you are found guilty or not guilty of a DUI you still lose. All defendants lose time and money from: the arrest; court trips; bail; retaining counsel; loss of earnings and dealing with the stress.
Just like the admonition of the difference between telling a lie and not talking, there is also a difference between a case being dismissed and the client being innocent. Even when the case is dismissed you have lost …as I have explained.
When an accident victim files suit, they can be served written questions called interrogatories or have their depo taken. Then one might be ordered to appear in court for a variety of appearances and though a case is called for 8 am it may not be heard until the afternoon calendar or it may be trailed until the next day or week.
Thus there is no way you can truly win, when you are in civil or criminal litigation. The stress legal cases cause, is taken it out on your significant other or your kids. This leads to subsequent domestic violence etc arrests as well as divorces and disharmony with the family……not to mention the interruption of business and the financial losses incurred therein.
A party wins or loses a case for many reasons, other than the facts. Sometimes, a client cannot afford the best lawyer or the best experts that are necessary to prevail. Often a defendant is unlikeable either because of his/her appearance … such as tattoos or their attitude.
When going to court I advise my clients:
- When you are around the courthouse, become the most courteous driver on the road. You don’t know if the driver you cut off or flipped off will be your judge, clerk or juror. You may not recognize that driver but they will remember you.
- Park your car between the lines, do not take 2 spaces.
- Do NOT smoke or spit.
- Follow Do not walk on the Grass signs.
- Hold the elevator door open for whoever is behind you.
- Be courteous to everyone in the courthouse.
- Dress professionally and cover tattoos with clothes if possible.
- Shine Shoes.
- Clean Nails.
- A belt should not be old and worn out.
- Ties should not be dirty.
- Clothes must be pressed & cleaned.
- Do not eat beans the night before.
Most lawyers agree, The Law Wins Every Time and it is often not worth fighting “the law”. HOWEVER, YOU NEVER KNOW WHAT SWAYS A JUROR.
DRINKING AND TEXTING BOTH CAUSE ACCIDENTS OR MAKE A DRIVER LESS LIKELY TO AVOID AN ACCIDENT, THAT WOULD NOT BE THEIR FAULT. BEING INTOXICATED, IS JUST AS SERIOUS AS BEING INTEXTICATED. A DRIVER MUST DO EVERYTHING POSSIBLE TO AVOID AN AT FAULT ACCIDENT. THE BOTTOM LINE IS “DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT… CALL A TAXI, LYFT OR UBER….THEY ARE A LOT CHEAPER THAN CALLING ME”
Ideas for future columns contact Dale Gribow 760- 837- 7500 or email@example.com.
Legal Representation Of The Injured and Criminally Accused
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“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT… CALL A TAXI, LYFT OR UBER….THEY ARE A LOT CHEAPER THAN CALLING ME”