My wife received a DUI in Lumpkin County (1st time offender). She popped a tire and was essentially pulled over because her hazard lights were on. She admitted to drinking earlier and took a breathalyzer (.116 in jail). She then did field sobriety tests (on gravel, in rain). The cop didn't have a camera so there's only audio.
I'm in the military so we had to take out a loan for a lawyer. Her court date is in a week. After talking to the prosecutor (who refuses to reduce the DUI) for the 2nd time yesterday he asked her if she knew she had a flat tire that night because the police report said she didn't. We've told him the details and he has the audio where she says she popped it. How could he defend her to the best of his ability if he isn't familiar with basic details? What should we do?
You should raise your concerns with your lawyer. Give him or her a chance to respond to your concerns, and that may solve any issues. I'm always surprised when people don't raise their concerns with their lawyer first. If you're still not satisfied after that, you have the right to choose another lawyer, but you may end up with the same result.
As a DUI attorney myself, I understand your frustrations as well as potential reasons for your attorney's temporary lapse in memory of the details (which the attorney may know at the time as being irrelevant to the defenses to your case). I also understand that you don't have a great deal of expendable income to throw around looking for other attorneys. That being said, your best plan of action is to schedule a meeting with your attorney to sit down and discuss your concerns as well as ask their current strategy and reasoning. After this, you will likely know if there is real reason for concern.
You need to sit down face to face with this lawyer and get his attention. I, for example, have many cases and sometimes forget some details if I'm working on other cases. Best to get a sit down with the attorney and give them the benefit of the doubt.
PS: thanks for your service.
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