Newport Beach DUI Attorney Question

[kit]

Can you give me some basic tips about how to handle a Newport Beach DUI case?

Here's the basics of what happened. I was stopped at the Newport Blvd and Finley Ave, right by the Lido Village Shopping Center by the Newport Beach police. They claimed that I made some minor traffic errors, which I don't believe I did.

They then asked me to do some field sobriety tests. Like a dummy I went ahead and did them. Then they asked me to take a breath test.

I was over the legal limit, but not by much.

Now I have to go to court.

What should I expect from a Newport Beach DUI charge? Is it realistic to think that I could get the charge thrown out or reduced to a wet reckless driving charge?

I've seen an ad for an attorney that says that the firm and its lawyers are "Orange County Specialists." Is there such a thing? They seem like they are very cheap... I think they will start cases for $200 down, which seems like about the value of 30 minutes worth of work for any self-respecting lawyer.

Does it matter if a firm handles cases only in Newport Beach and Orange County? My gut feeling is no. I mean, how could it harm a drunk driving client in Newport Beach that the same lawyer also does cases in LA or San Diego?

[Lawrence Taylor]

As for breath tests, please see my reply to your previous question.

Concerning a "wet reckless"...This involves dismissal of the DUI and .08% criminal charges, in exchange for a plea of guilty (or "no contest") to Vehicle Code section 23103/23103.5 -- driving in a reckless manner with alcohol involved (a "dry reckless" involves no alcohol). It has some benefits, particularly if this is a second (or more) offense, but the primary drawback is that it will be used as a prior drunk driving conviction if you are arrested again within 10 years.

In Harbor Court (which has jurisdiction for your Newport Beach case) and in Orange County generally, a plea bargain to reckless driving is offered where the defense attorney has been able to discover weaknesses in the prosecution's case, or where there is a viable defense. It is more likely also in borderline breath/blood cases -- around .08%.

As for retaining an attorney: find an experienced and qualified DUI attorney who practices in Orange County -- one who is a specialist handling drunk driving cases exclusively, with a support staff. Claiming to be an "Orange County specialist" is meaningless; familiarity with local courts is helpful, but the specialization involves the offense itself -- breath/blood analysis, field sobriety tests, blood-alcohol metabolism, legal issues, administrative license suspension hearings, etc.

You should confer with at least three different law firms before making your decision, and all details concerning costs and services should be clear. Be prepared to pay for what you get: the best DUI lawyers will charge higher fees, and "bottom feeders" (known as "dump trucks" in the profession because they plead their clients guilty at the first court appearance). And if any "promises" as to results are made by the attorney, walk away -- or at least get them in writing (unlikely). Each case is unique, based upon many facts unknown at the time (breath machine maintenance and calibration, for example), and only unethical attorneys would make promises as to eventual results.