Interviewer: There are no guarantees but how often can you help someone’s situation, get them significant relief or mitigate the case?
Mark: A positive thing I can do is sometimes eliminate or knock down your driver’s license suspension. Other positives include mitigating your case to a lesser charge, or pleading out too if there’s actually two counts of DUI. The A-count is not being able to drive as a reasonable person because of alcohol or drugs in your system. The B-count is 0.08 percent or higher.
The DMV only takes into account the B-count, the 0.08 percent or higher. Therefore, pleading you to the A-count would make things much better for you. Then there’s the possibility of getting the case completely dismissed. It’s hard to quantify. I don’t have records of how often I’ve had cases dismissed versus not dismissed.
At least 90% of the time I’m able to facilitate people being able to retain their licenses. If not, I may get them a one month suspension, instead of a three or four month suspension. We put that off so that they have an opportunity to prepare, get leave from work and save money. Those are the cases I can’t beat clean.
I defended a lady on a second DUI where the officer pulled her over because she did not use her turn signal when she pulled onto the roadway. Subsequently, he talked to her and arrested her for DUI. It was discovered she had a prior DUI as well. Upon the suppression motion, I got the officer to admit there were no other vehicles within an area that could be influenced by her not using her signal.
Under California law, that is not illegal. You do not have to use your signal if there’s nobody else around that could be influenced. Her case was dismissed. Again, at least 90% of the time I’m able to make things better. I am able to knock the penalties down or at least get a driver’s license suspension that’s easier to deal with.
© 2012 by Mark J. Bigger . All rights reserved.