You can do whatever you want. If you don't feel you are getting good representation, I would voice your concerns to your attorney first. After all, you've paid him.
Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
If you don't feel your attorney is doing everything he/she can for you, you might want to find a new one. In DUI cases there are several factors that dictate whether a case will be reduced, dismissed or tried. 0.08 BAC in and of itself isn't enough to say whether you should receive a reduction or a dismissal or whether the case should be taken to trial. You should ask your attorney the questions you feel you forgot to ask initially. If he/she can't answer them, you might want to consult another, more experienced attorney.
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You already have retained an attorney, so she is the first person you should be talking to.
If you aren't happy with the kind of representation you are receiving, you certainly have options.
Never hire a criminal defense attorney without trial experience if you want to go to trial! Ask for a copy of the discovery and consult with a few other locally experienced attorneys if you don't feel comfortable with the advice of your current attorney.
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Your lawyer should have counseled you on the range of possible dispositions in your case, and should have had some indication as to what your BAC was, and that he general circumstances of the arrest were so as to support his analysis of the various possibilities. You must due yourself the favor of examining whether your expectations are realistic. Prosecutors do not go around giving out "get of jail free" cards or "wet reckless" reductions. What efforts have you made to demonstrate, or has your attorney made to counsel on the importance of demonstrating your cognizance of the seriousness of the issues at hand. Are you being represented in your case, or merely "shepherded" through the process.
Did your attorney discuss the importance of engaging your own toxicologist?
Has your attorney held a discovery conference with you to discuss and review the fact at hand?
There are so many unanswered questions that make your questions hard to answer with the specificity you are looking for.
This answer is provided free of charge, for academic purposes only and is not intended to serve as legal advice for any specific circumstances. The question poster should confirm any opinions he or she forms as a result of this discussion with legal counsel as it relates specifically to their case, before taking any action on that opinion.
Neither I nor any of the heavy hitter DUI lawyers I know would allow you to plead to a wet on a .08! Now, if you are leaving something out, like you ran over the cop's foot, hit a little old lady while leaving, and threw up in the police car, I might [only MIGHT] alter my suggestion, but otherwise, if there are no extreme issues, you should not plead to a wet on a .08. Indeed, I generally will not plead to .08 anyway. An .08 is eminently triable and winnable. I would try to force you to hire me to come down there and work some magic, but there are several good and effective DUI people down there. And don't be concerned about upsetting your lawyer - his duty is to serve your criminal law interests, not his own vainglory. Good luck. www.kennedyforlaw.com
Alaways remember that you are the client and you are well within your rights to consult with or hire another attorney at any stage of your case. That said, my first suggestion is always to have an open and frank conversation with your current counsel. Tell him or her what your concerns are and what your goals are. There might be a miscommunication or a reason why the advice is as it is.
Many attorneys, myself included, offer free initial consultations. It will take more than just knowing your BAC to be able to estimate what the cost of your particular case may be. DUI's come in many flavors and there are a number of valuable defenses. Only after a thorough review of your discovery and a full conversation with you in a private and confidential setting, can an attorney give you that figure.
DUI's are some of the most complex criminal charges a person can face and I never recommend the "do it on my own" strategy.
The thing to remember about a wet and reckless is that although it is a lesser included charge and carries lower fines and no custody, is that for priorability purposes, this is a DUI. Make sure you truly understand what the conviction would mean for you and whether or not it's the way you want to go. Ask your attorney to sit down and review all of the options with you.
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