That’s right…even though the jury found you not guilty of your DUI…you still lose…because the law wins every time. Whether you are found guilty or not guilty you really do lose. A defendant loses time and money from: Being arrested; Going to court; Posting Bail; Retaining a lawyer; Loss of earnings and Dealing with life’s stress.
You can’t truly win when charged. The stress of a criminal case often causes the defendant to take it out on their significant other. This leads to subsequent domestic violence arrests as well as divorces and disharmony with the family……not to mention the interruption of business and the financial losses incurred therein.
This applies to all court filings because the defendant is being prosecuted by the DA and once the DA decides to file, they don’t usually give in. The Indio Court has a lot of young DA’s (we call them Baby DA’s) that are looking for notches on their belt, which they acquire by trying and winning cases. Many of these cases should never have been filed and though some are not guilty, they enter pleas rather than being subjected to the challenges herein.
A defendant can lose a case for many reasons. Usually it is because the facts are against them. Sometimes it is because they cannot afford the best lawyer, or necessary experts. At times a defendant is just unlikeable because of his/her tattoos.
Other factors I warn my DUI and PI clients about when going to court are:
- When you are within a few miles of the courthouse you need to become the most courteous driver on the road. You do not 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.
- Do not walk on the grass if there is a sign not to do so.
- 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.
- Shoes should be shined.
- Nails should be clean.
- 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.
Every juror and judge are different and look for different things. As a young lawyer I tried a case against one of the most senior DA’s. I had to try the case because my client was charged with 5 counts and had a long record in addition to being on parole. If he pled, he would go away for a long time. There was no chance of winning, but the jury came back 12-0 not guilty on all counts. However, he was far from innocent.
I talked to the jury to see what convinced them of my client’s innocence. The answers totally surprised me. They commented that the DA was rude, had an old worn out belt, dirty nails, clothes that needed pressing etc. All in all, he was not well groomed…and my client was guilty.
All of this leads to defendants agreeing that the law wins every time and it is often not worth fighting “the law”.
IF you have any suggestions for future article contact me 760 837 7500/dale@dalegribowlaw.com
DRINKING/TEXTING & DRIVING CAUSE PI/DUI’S. A TAXI/UBER IS CHEAPER THAN CALLING ME.
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Even if you ultimately determine that legal representation isn’t necessary, Dale Gribow, a distinguished “Boutique/Concierge” PI/DUI firm with 25+ Top Lawyer Awards, 9 Man of the Year recognitions, 4 Dale Gribow Days, and acclaimed “Mr. Charity,” is available to offer his personal advice and guidance. With a commitment to personalized service, Dale limits his caseload so that calls are answered the “Old Fashioned” way, by Dale.
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Upon attorney Dale Gribow’s advice, I exercise my Right To Remain Silent, until you contact him: 760.837.7500 or dale@dalegribowlaw.com, because…I understand it’s not what you say, but what they thought you said! Dale advises, “the VOLUNTARY FIELD SOBRIETY (FST) AND “PORTABLE” BREATH TEST at the scene, are OPTIONAL (unless one is on probation). Thus, I ELECT not to take them. I want to cooperate and I’m happy to take a BLOOD TEST.”
