One of the things that an experienced attorney may spend time doing is putting together a strong mitigation package. Or information about the person who has been arrested and charged with a DUI in Lubbock.
When someone first gets arrested for a DWI in Lubbock and they have never been in trouble before. The district attorney knows very little. The only thing that the Lubbock DA knows is the person’s name and that they have been arrested for a driving while intoxicated offense.
This leaves a lot of room for negotiation in terms of discussing with the prosecutor how to best reduce or dismiss any potential penalties an individual may be facing as the result of a DUI charge. To best understand these elements, an individual should contact a Lubbock DUI attorney as soon as possible.
Prior Violations
As the case comes in and the district attorney begins to look at the case. They will do the same thing an attorney would do. They first look to see that there is no criminal history. Some people, who have never been in trouble before. Will have some minor trouble with crimes such as traffic violations, speeding violations, and similar infractions.
Some individuals may have prior alcohol violations. They may have been arrested for a DWI or DUI, or may have been arrested for driving under the influence by a minor when they were under 21. They may have had a minor possession, minor consumption, or public intoxication charge. The DA may begin to look at those cases a bit different. Because they begin to think that it might be more than just a lack of judgment or lapse in judgment. In these instances, an attorney can begin negotiating with a prosecutor to help lower any potential penalties.
Building a DUI Case
However, there may be some chemical dependency or addiction in play. One of the first things an attorney will ask for are the results of any breath or blood tests. They will spend a lot of time putting together a series of documents or ideas to show the district attorney who the client is outside of the DWI arrest.
A lawyer wants to expand that target, and have documentation to show that the client is a good person.
Letters of recommendation or letter referrals may be helpful when negotiating with prosecutors in a Lubbock DUI case. If the accused individuals are students at Texas Tech University or Southland College. For example, an attorney should be working on obtaining transcripts and documenting any type of event that the student has been to or groups that they are a part of in school.
Lessening the Charge
The options that an individual has after getting arrested for driving while intoxicated in Lubbock County could range anywhere from working out a deal to dismissing the case with the district attorney’s office. These cases typically present some issues or problems in the case.
Many of these cases come with a variety of issues that must be handled. There may be an issue with the level of intoxication of the client. Or an issue with the police officer, the lab, or any of the equipment. An attorney can help to work out these issues to produce a dismissal. Or if that does not work, then some sort of reduction in the charges. For example, a lawyer may be able to lower the charge from driving while intoxicated to obstruction of a roadway or reckless driving.
In addition, a lawyer may be able to do a pre-trial diversion. That is an agreement given on probation. When the person is done with probation, the case is dismissed and one can get that case expunged. That is the benefit in doing a pre-trial diversion.
If none of those happen, then a lawyer would move to a potential suppression hearing to see if they can get the judge or the trial court to suppress the stop or the arrest if the facts warrant it. If not, then the case would move on to trial and a jury could find the defendant not guilty or could find they are reasonable now that they are guilty. It is a lesser-included offense, the lawyer could find that there was a violation of the law.
Benefit of Experienced Counsel
To best prepare for a case, the prosecutors will attempt to determine which lawyers are going to go to trial in Lubbock County and which lawyers will not. It is important for an individual to contact an experienced attorney who is willing to take the case all the way to trial.
It is important for the client to understand that the lawyer will follow their lead as they work through the case. If a client receives a result they like, the lawyer will be content. But if not, then it is client’s call whether or not to proceed with trial.
Likewise, if an attorney thinks the result is good but the client wants to go to trial. Or the result is not good and the client wants to go to trial. Then the lawyer should be experienced and ready to proceed with trial.
Role of a DUI Attorney
Everybody has a different story to tell. Some people have experiences in high school or at university. And others have never been arrested and are 50 years old. It is an attorney’s job to try to learn who the client is so that they can communicate that to the district attorney and prosecutors.
They can highlight the good things about the person so that the district attorney can see that the individual may not be deserving of such a harsh punishment.