Plan "A" is beat the case. . . . Plan "B" is minimize the damage and obtain the best possible resolution that has the least negative impact on a clients life. That is the plan of attack for the drunk driving defense lawyers at GRL Law.
Whether it is a 1st, 2nd or 3rd offense operating while intoxicated offense, the defendant is facing some of the most severe mandatory minimum penalties for misdemeanors of Class D felony offenses. A person charged with drunk driving in the State of Iowa is looking at mandatory minimum jail time and the highest mandatory minimum fines of any criminal offense in this state. See http://www.grllaw.com/CM/Custom/Criminal-Penalties.asp. That being the case, an aggressive defense from the outset of the case is paramount to obtaining the best possible result. The more holes that can be poked in the State's case the better the ultimate resolution will be for the Defendant. Prosecutors hate to take cases that are not sure victories to trial. The worse the case for the prosecution the more likely there is for a favorable resolution or all out dismissal.
Not every case results in an all out acquittal or dismissal and likewise not all cases end with a guilty plea or guilty verdict to the charged offense. This is because in the majority of cases, plea bargaining takes place. A reduction from Operating While Intoxicated to a traffic offense or simple misdemeanor is a victory regardless of the case. Reckless Driving or Public Intoxication http://www.grllaw.com/CM/Custom/Pulic-Intoxication-Iowa.asp is always better than a conviction for Operating While Intoxicated. Mandatory minimum jail time is avoided and the fines are much lower not to mention the fact that no Operating While Intoxicated conviction is on the person's criminal record for the rest of their life. Reduction of charges are not just given away because someone is a good person, has lots of money, knows the right people or any other reason than a factual or legal issue that weakens the prosecutions case. It is these weaknesses that drive a reduction of charges and nothing else.
While an aggressive drunk driving defense lawyer, such as the lawyers at GRL Law (http://www.grllaw.com/CM/Custom/Attorneys.asp), is an important piece in securing a favorable resolution such as a reduced charge, what the defendant does from the time he/she is pulled over to the time that an attorney gets involved is equally important. Even the best lawyer can't change the facts of a case once they are established. While facts can be developed in certain ways to benefit a client, the core facts will always remain unchanged. That being the case, it is important for people to know and understand their rights and responsibilities before getting in a position where they are faced with a drunk driving charge. For more information regarding avoiding a DUI please refer to our prior blog at http://grllaw.blogspot.com/2008/08/dui-prevention-top-ten-ways-to-avoid.html
Know your rights; Exercise your rights; Preserve your freedom