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Is our DUI lawyer representing us to the best of his ability?

Fort Benning, GA |

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?

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Attorney answers 6

Posted

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.

No attorney-client relationship has been created by answering this question. I make no guarantees as to the accuracy of any information I contribute in answering any inquiry on Avvo and I strongly encourage all concerns be addressed in the private counsel of an attorney personally contacted and retained.

Asker

Posted

Well besides this incident, our main concern now is that we can't get it reduced. We told him that we're willing to go to superior court but that it would be a long shot even if we were to hire a field sobriety or stomach expert (she has severe GERD). I understand that no lawyer can guarantee success. But we hired a lawyer with the intention of getting the DUI reduced. We can't afford to pay for the high car insurance and court costs now that we're paying off the loan. We search for a different lawyer to pursue superior court but I assume that it would cost a lot more to start off fresh with a new lawyer. My wife is going to schedule a meeting with him but unfortunately I don't think that it will change anything.

Asker

Posted

I'm sorry for the typos. HE said that it would be a long shot in superior court and we WOULD search for a different lawyer.

Posted

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.

Posted

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.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Posted

Consult with another DUI lawyer to get a second opinion.

Anthony Michael Solis

Anthony Michael Solis

Posted

I generally agree, I just think he should give his current attorney a chance to step up before he goes second-guessing him. Putting myself in the attorney's shoes, I'd want that chance.

Posted

It's easy to play Monday morning quarterback but that will not help you. Sit down and talk with your lawyer. Ask him the challenges in the case and his strategy. Hopefully that will clear things up for you.

Anthony Michael Solis

Anthony Michael Solis

Posted

As you can see from my response, I totally agree with you.

Posted

Speak to your lawyer about your concerns. He is probably doing more than you know. Often our clients do not know everything that is going on behind the scenes in their cases.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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