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DUI

Mitigating a DUI: How to Win Before Ever Setting Foot in Court

In the immediate wake of a DUI charge, time is of the essence. An elite DUI attorney can and will make use of every second they have to defend you. That means the first hours, days, and weeks that follow your arrest must be used wisely to set up for a successful outcome when the court date finally arrives. There is a finite amount of time between the incident date and the trial date, but, if utilized properly, this time can be used to create substantial positive leverage. This positive leverage—a collection of beneficial steps to be taken by the client leading up to court—is generally referred to as “mitigation.”

Every new DUI client initially calls their attorney anxious, scared, and unsure of the steps that must be taken leading up to court. These feelings are natural and normal to a certain extent, but they accomplish nothing if simply left to fester. An expert DUI attorney should know how to harness these emotions within the context of a comprehensive mitigation plan, funneling this energy into constructive steps that ultimately allow the client to be viewed in the most favorable light by the court.

Step 1: Setting a Solid Case Foundation

From the onset of a DUI case, the attorney must have a solid command of what matters the most. In the very first phone call with the client, the attorney must ask the right questions about the right details, to optimally set up the chessboard in a given case. Every single DUI case is different. The attorney should never have a “cookie-cutter” approach to DUI cases. Each client needs and deserves a custom-tailored plan to attack their particular set of facts and circumstances

Differentiating factors in DUI cases may include, but are not limited to:

  • The given jurisdiction (county) in a case
  • Whether there was an accident
  • The extent of any such accident
  • The score of the breath or blood sample or whether there was a refusal
  • The statements made to the officer by the client
  • The particulars of the field sobriety test(s)
  • The type of driving exhibited by the client as observed by the officer
  • Whether there were passengers or other witnesses to the incident
  • Whether the stop was audio/video recorded by the officer
  • Whether the client had any relevant health issues at the time of the incident
  • Any circumstantial evidence such as an open container in the vehicle, the weather, etc.

An attorney cannot optimize a plan for you without knowing the answers to all of these questions. Our team will ask for this information up front so we can begin a unique defense strategy.

Step 2: Understanding Difference by Jurisdiction

Jurisdiction is particularly important when attempting to craft a tailored approach to mitigation in Maryland. This is an area where the attorney’s localized knowledge is so critical to the fate of the client in court. The prosecution and sentencing of DUI cases is not uniform throughout our state. Every county has its own prosecutor’s office with distinct policies and procedures as to how they treat DUI offenders.

The same notion applies to the judges in each county. The expectations and leniency of the judges vary greatly from county to county. An excellent DUI attorney will have their fingers on the pulse of each court system and guide their client through the process with these particulars in mind. As a client, you cannot afford to hire an attorney that does not have deep familiarity with the legal system in the county where you have been charged, because the consequences of not accounting for the particularities can be very painful and costly. With DUI wins in every Maryland county, our team is prepared to take your case, no matter where you were pulled over.

Step 3: Enacting the Plan

Once all of the above factors are considered carefully, the plan must be crafted and patiently conveyed to the client. Then, the attorney’s firm must oversee the client’s progress on this plan and be available to answer questions and guide the client throughout the process. At the same time, the client must do their part with dedication and genuine intent.

All mitigation accomplishments must be methodically documented and prepared for the scrutiny of the court. Mitigation components include various types of alcohol education, driving education, and the gathering and creation of critical documents the court will expect to receive and review on the trial date. Our firm has strong working relationships with all of the best service providers in the state. Further, our firm has a long-forged reputation for routinely presenting the best-mitigated clients to the court.

We Can Help You Mitigate Your DUI Charge

At Alpert Schreyer Poe, we have pioneered the implementation of customized mitigation plans for every new case we take. We have a legion of loyal and happy clients who list our mitigation planning as one of the most important aspects of our representation. We are very proud of our position as a leader in this realm, and the success we have achieved in court has delivered consistently for decades.

By virtue of our careful planning from the very inception of each case, we have not only improved their odds in court, but also their lives—bettering their relationships with family and friends, and their performance in school and work. Though in the short term you might be worried more about your trial outcome, we plan each mitigation process with the goal of improving your future. We know how scary facing a DUI charge can be, and we want to help you avoid such circumstances in the future.

The tremendous success we have achieved through our commitment to mitigation planning is simply unparalleled. Let us set you up for success in court and beyond!

Call Alpert Schreyer Poe, LLC today at (301) 321-7277 or send a message online. Our team is available 24/7 to help you start your DUI defense and mitigation process.

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