Spence Singleton:
The Dirty Dozen
12 Common Mistakes You Might Make in Your DUI Case in Alabama
1. People have a natural tendency avoid dealing with anything unpleasant. Getting a DUI charge is unpleasant. Dont make the mistake of putting off getting professional help in handling the defense of your case!
2. Being thrust into the criminal court system for a DUI Offense is very nerve-racking and uncomfortable situation. A DUI can negatively affect your life for a very long time. A DUI will definitely cause your automobile insurance to either be canceled or to be increased dramatically. Many people do not realize that a DUI Conviction can affect your ability to obtain life insurance, your credit, your employment and lets not forget the obvious life change of being sent to jail, paying heavy fines and suffering other penalties...like the loss of your job.. Dont make the mistake of not taking the DUI charge seriously!
3. Every case is different and must be treated as such. There is no such thing a standard DUI defense or for any criminal charge. A lawyer can not adequately prepare to defend a DUI case with little time to prepare a defense based upon the specific facts in your case. The DUI charge must be examined and evaluated for the case strengths and weaknesses. A defense must be well thought out and built piece by piece, not thrown together. Dont make the mistake of waiting to hire a lawyer to help you in your DUI case.
4. Please do not think of a DUI as just a traffic offense that can be worked out when you get to Court. A DUI is a criminal offense with mandatory sentencing requirements passed by the Alabama State Legislator. A charge of DUI can not be reduced down to any other charge. The prosecutor is going to use all of the legal tools allowed to convict you. Dont make the mistake of thinking the DUI charge is not serious!
5. A wise man once said that, He whom represents himself has a fool for a client. Do not make the mistake of trying to represent yourself.
6. The State of Alabama rules allow only ten (10) days after your arrest in which you can request an administrative hearing in order to keep your license until the case goes to Court. The time allowed under this administrative rule is strict and the procedures must be followed. Dont make the mistake of allowing the time to pass to keep your license until your trial.
7. This mistake is the one most often made. Do not seek legal advise from anyone unless he or she is a lawyer trained in criminal defense and with extensive experience in handling DUI cases!
8. Do not miss a Court date for any reason. Your failure to appear when ordered will result in a warrant being issued for your arrest and you will be held without bail until your next trial date. Dont make the mistake of not hiring a lawyer to protect your interests and keeping you advised of each step in the process!
9. Do not think that a friend of a friend knows someone in the system who can make the DUI go away. Dont make the mistake of believing that any criminal case, and a DUI in particular, is a good ole boy matter...it isnt!
10. When pulled over by a law enforcement officer anything you say can and will be held against you when you go to Court. The law only requires you to state your name, produce a drivers license, proof of insurance and the vehicles registration. You are not required to take any roadside tests. The heel-to toe and the finger-to-nose or any other test like them are not required to be taken. You cannot pass these tests and anything that you attempt to do will only be used as evidence against you. The only test required by Alabama Law is a test of your blood, breath or urine....after you have been arrested and advised of your rights under the Implied Consent Law. Dont make the mistake of attempting to perform any tests on the side of the road or answering any questions about where you have been or how much you have had to drink!
11. If you are in an accident, do not think that any report to the insurance company is private. What ever you tell the insurance agent may be used against you in Court. Dont make the mistake of filling out any reports or insurance claim form until you have contacted a lawyer!
12. There are very real legal dangers involved when you speak to anyone about your case except your lawyer. Anything you tell your lawyer is private and the lawyer cannot and will not break your confidence. Dont make the mistake of talking with anyone except your lawyer about your case!