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The Role of Your Attorney in Your DUI Case

While hiring an attorney is expensive these days, defending yourself in a DUI case is almost certainly a recipe for disaster. According to Jeff Haynes, a DUI attorney in Sarasota, Florida, the right attorney can make all the difference in your DUI case. And the sooner you get your attorney involved, the better. Here, Haynes talks about what role an attorney will play in your DUI case.

Determining if Your Case Is Defendable

First and foremost, your attorney's role is to evaluate the evidence in your case to determine whether or not your case is defendable. Did the police officer have a valid reason to pull you over? Have you taken a breathalyzer or field sobriety tests? Were you involved in an accident in which someone else was hurt or killed? Were there any witnesses? All of these factors are important in determining whether or not you should plead guilty to a DUI charge. In order to decide which motions are in your best interest to file, your lawyer needs to evaluate all the facts in your case.

Negotiating a Plea Bargain

A plea bargain is a deal offered by the prosecutor in exchange for a guilty plea. If you've already been charged and your attorney believes that the evidence against you is strong, then your attorney can work with the prosecuting attorney to negotiate a plea bargain. As part of a plea bargain, your attorney may be able to get the charges against you reduced or get you a reduced sentence. He may even be able to save your driver's license.

Defending Your Case in Court

Your attorney's another role is to defend your case in court if your case goes to trial. A common misconception is that there's very little chance of winning a DUI case. But in fact, there are a number of situations that could make your case difficult for a prosecutor to prove. For example, were you stopped for a legal reason? Regardless of whether or not you were drinking and driving, you cannot be stopped unless a police officer has probable cause (a reason to suspect that your ability to drive is impaired). While observably poor driving is certainly probable cause, a police "hunch" is not. If you were stopped without adequate evidence that you were intoxicated, then your case may be very winnable, according to my experience.

In addition, witness problems are also common in DUI cases. Because getting a case into court takes time, sometimes, police officers retire or witnesses move out of the area. Without the proper witnesses, it may be extremely difficult for the prosecutor to prove your guilt. Therefore, unless the prosecutor has a rock solid case against you, it isn't in your best interest to plead guilty.

Safeguarding Your Legal Rights

In my opinion, the attorney's most important role is to ensure that your rights are protected as your case progresses through the legal system. A DUI arrest can be a very frightening experience. With so much on the line, it's incredibly important to have someone by your side, walking you through each step in the process and doing everything possible to ensure the best possible outcome.

In order to find the right DUI attorney, I recommend looking for someone who is not only experienced in DUI cases, but also familiar with the judge and the prosecutor who'll be handling your case. For example, as a former prosecutor, I believe I'm uniquely qualified to handle DUI cases in Florida. Finding someone with that kind of insight into the system could mean the difference between a harsh, life-changing sentence and putting your DUI charges behind you once and for all.

On the other hand, it is expensive to hire a good attorney. Good attorneys are not free, but an attorney with extensive DUI experience can get a better result. If you can afford to hire your own attorney, you certainly won't be sorry you did. However, if you can't afford it, you should absolutely exercise your right to free counsel.

This article is for informational purposes only.  You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel.  Publication of this article and your receipt of this article does not create an attorney-client relationship.

About the Author

Jeffrey Haynes is a writer for http://www.yodlelawmarketing.com">Yodle Law Marketing, a business directory and online advertising company. Find ahttp://local.yodle.com/articles">lawyer or more lawyers articles at Yodle Consumer Guide.

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Tips for high risk drivers on how to save money on car insurance

Are you having trouble finding affordable car insurance because of your driving record? You have come to the right place! This article is intended to help answer two main questions:

1. What criteria causes drivers to be classified as "high risk"?

2. What can high risk drivers do to save money on their auto insurance?

In the general sense, most people have a good idea of what "high risk" means as far as car insurance is concerned. There are many things a person can do to become classified as a high risk driver. While some of those things are very obvious (like getting a DUI,license suspension, racking up moving violations, etc.), other things are not. In fact, you will probably be surprised at some of the criteria that car insurance companies use to evaluate the level of risk associated with drivers.

I have compiled a list of criteria to illustrate many of the factors that determine risk, and how they affect car insurance premiums. Keep in mind that each company is different in how they weigh each factor (and many companies choose to ignore some of the factors altogether), which is why car insurance premiums can vary greatly from one company to the next.

So, to answer the first question: What criteria cause drivers to be classified as "high risk"? Here arethe vast majority of factors:

1.     Age. Young, newly licensed drivers are automatically considered high risk until they turn 20-25 years old,depending on the company. This is because of their inexperience in driving. Also, elderly drivers are considered high risk because of their diminishing motor skills and reflexes.

2.     Gender. All other factors being equal, men pay a higher rate than women do. This is because crash statistics data clearly show that men are more likely to be in an accident.

3.     Marital status. All other factors being equal, single drivers pay a higher rate than married drivers do.

4.     Driving record. This one is self explanatory. The more moving violations you have on your drivers abstract, the more you will pay. Most violations will affect your level of risk for 3 years. But many companies will go back as far as 5 years for more severe violations, such as at-fault accidents and DUI's.

5.     Prior Insurance. Having continuous car insurance is important. If you currently do not have car insurance, or have had recent lapses in coverage, companies will place you in the high risk category. A company looks at a driver without insurance and concludes that either the driver has been driving irresponsibly without insurance, or that there must be a good reason why another company has cancelled them. Either way, it will raise the premium (exceptions can be made if someone can prove a valid reason for not having insurance, such as being hospitalized/disabled for a long period of time or being deployed overseas in the military).

6.     Vehicle being covered. A sports car (high performance) will cost more than a sedan. A 2 door vehicle will cost more than a 4 door vehicle.

7.     Credit rating. What does someone'scredit rating have to do with their ability to drive safely? Many would argue that a credit score is irrelevant to driving ability. But statistically, people with low credit scores tend to file more claims than people with good credit.

Part 2: How can high risk drivers save money on their car insurance?

Now that we have covered most of the reasons that one could be considered high risk, it is time to focus on ways high risk drivers can save money on their car insurance…..

1.     Get "free" online quotes from independent agents. I say "free" in jest because I've never heard of an agent charging a potential client for a quote, not once ever! This is the single best thing you can do to save money on car insurance. Why? Because by going through an independent agency online, you fill out one quote form and get quotes from multiple companies in a matter of a few minutes. This is much more time efficient than trying to contact individual companies individually. In about 30 minutes, you would have time to get online quotes from several independent agencies. This half hour could amount to getting quotes from 10-20 companies. The following tips are helpful and significant but there is no better way to find the cheapest car insurance available, period!

2.     Discounts. Every company varies as far as what discounts they offer. The main point you need to understand here is that the companies in many cases don't exactly go out of their way in making you aware of all the available discounts. In many cases, it is usually mentioned for the first time when a long time customer complains about the premium rates. New potential clients usually do not have a problem with missing out on any possible discounts because discounts are a selling tool. But with many existing customers, some of these discounts have selectively flown under the radar. Be proactive!

3.     Know what is on your driving record. This may sound trivial, but I am amazed at how unaware people are of their own driving record. Depending on the severity, most violations go off a driver's record in 3-5 years. If your driving record has cleaned up since you took out a high risk policy, chances are that you can once again re-enter the standard insurance market, and save a lot of money. But do not expect your company or agent to call you and say "you no longer fall under the high risk category and can now purchase cheaper insurance". That simply will not happen! A company will not do that because it's not in their best interests. An agent will not do that because they do not have the resources to monitor their clients driving records. Therefore, You must take action.

Be sure to see my upcoming blogs, where I break down each of the above 3 categories into more detail. I've already posted an article about being more aware of your driving record on my blog. I will be adding 2 more parts about online quoting and discounts as well in the next week or so.

Food for thought

About the Author

Dan Lyles is the owner of Lyles Insurance, an independent agency based in Wheelersburg, Ohio that specializes in high risk auto insurance and Ohio SR22 bonds. For more tips on car insurance, be sure to read Dan's car insurance blog @ lylesinsurance.webs.com/apps/blog.

Ohio drivers may also get an online quote @ lylesinsurance.webs.com/ohioautoinsurancequote.htm