Standard DUI procedure for lawyers?

Asked over 3 years ago - Blue Island, IL

when an attorney has a first time misdemeanor DUI client, what does the lawyer do from the time hes hired to the first court date? make discoveries? make formal requests for police evidence? does alot happen prior to the first court date other then the need to make a request to rescind the summary suspension?

Attorney answers (2)

  1. Wayne Rodgers Foote

    Pro

    Contributor Level 14

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    Answered . My best guess is that you are the poster from Blue Island who has an experienced DUI lawyer on the case, andwho has asked several other questions about DUI including whether you are an over anxious client because you email your lawyer daily about the case. If that is the case you need to slow down. This question is a good example of why you need to take a deep breath and let your lawyer work.

    While there may be roughly standard procedures that some lawyers follow in some DUI cases, there is no one-size-fits-all-cases procedure. Every case is unique. Your case is unique. Every lawyer has some differences in their approach to cases. These differences mean that you need to let your lawyer work and not try to do her work for her. The risk you run by even asking these questions on a forum like this is that someone will tell you something that differs from what your lawyer is doing. That then causes you to question her needlessly and, perhaps, lose faith in her work without any reason. That can only hurt you.

    I expect your lawyer has already given you the answer to this. If so, listen to her. If not, ask her, not this public forum.

    I am not trying to be rude or to discourage you from having legitimate concerns. My aim here is to urge you to work with you lawyer, not against her, to urge you to rely on her and to accept her counsel.

    Wayne R. Foote, Esq.
    Board Certified OUI Defense Law Specialist
    by the National College for DUI Defense, Inc.
    Law Offices of Wayne R. Foote, PA
    344 Mt. Hope Ave
    Bangor, ME 04401
    (207) 990-5855
    (207) 990-5858 (fax)
    www.lawyersmaine.com
    "Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT... more
  2. Jonathan Craig Reed

    Pro

    Contributor Level 16

    Answered . At the time of hiring the lawyer the client and lawyer should discuss the probable plea bargain available, the consequences of rejecting it and pleading innocent and going to trial, the downside of pleading innocent and losing the trial, the chance of winning the trial, and if the decision is to go to trial, how much money will the client advance to pay for possible expert testimony. This discussion will pretty much answer your questions.

    To sum up, most first time DUIs are plea bargained and the fee for having an attorney do this should be a lot less than the fee for pleading innocent and going to trial.

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