San Diego DUI Lawyer Question

[al b tor]

I have a few questions that I'm hoping a San Diego DUI Attorney will be able to help me with.

1. How long does the process of litigating a drunk driving charge (if the arrest occurred in Bird Rock) take from start to finish?

2. Is there any reason why a Judge in a Misdemeanor case would not allow a person charged here to leave the state or the country while the case is going on?

3. Are there any real dangers of litigating a San Diego DUI case and taking it through trial? I've heard that judges in some places impose a "trial tax" and punish people more if they go to trial and lose versus just pleading guilty. Is this the case in San Diego? Are there certain judges that a person should look out for in this regard?

4. Do the police usually show up for trial? If they don't are there judges that will throw the charges out?

What other tips and tricks can experienced San Diego drunk driving defense lawyers share with me?

[Lawrence Taylor]

1. The length of time it takes to complete the legal proceedings in any given San Diego DUI case varies widely -- anywhere from a month to as long as a year or longer. It will take roughly a month after the arrest for the initial court appearance, called an "arraignment"; if a guilty plea is entered at this point, either as the result of a plea bargain or otherwise, the judge will impose sentence immediately in most cases and the case will be over (except, of course, for any probationary period -- typically 3 years). If the case continues on with pre-trial hearings and possibly to trial, the case can take a year or more. Generally speaking, the more serious the drunk driving case, the longer it may take; DUI manslaughter and murder cases can easily take over a year.

2. It would be rare for a judge to refuse to allow a defendant in a normal DUI case to leave the state, absent a showing by the prosecution that he is a flight risk.

3. Theoretically, a defendant cannot have his sentence increased by going to trial. This practice, often referred to as a "trial tax", would be a violation of the defendant's right to a jury trial. However, there are a few judges who will informally let it be known that those who go to trial will receive stiffer sentences; they often justify this afterward by claiming that facts brought out in trial show reasons for more jail time.

4. At least the arresting officer is almost always necessary to establish the prosecution's case. He will establish probable cause to stop, detain and arrest; DUI driving symptoms; personal symptoms (flushed face, slurred speech, etc.); performance on field sobriety tests; and administration of breath test or withdrawal of a blood sample.