There are certainly DWI cases that have to go to trial. Attorney Eric Sachs takes these types of cases to trial on an average of three to four times a year. He always advises his clients that when you go to trial, it is because you have to go to trial and not necessarily because you want to. There are certainly DWI cases that don’t have to go to trial. However, for someone possibly facing deportation, or jail time and loss of your driver’s license after a subsequent DWI, those may be reasons to take your case to trial. For example, after multiple DWI convictions the license revocation statute from the DMV kicks in and some people face five year revocations, some have ten year restricted licenses and some may even face a lifetime revocation.
Do DWI Attorneys Generally Avoid Taking A Case To Trial?
Attorney Eric Sachs believes that some DWI attorneys generally avoid taking a case to trial. Some attorneys who allege to be DWI attorneys are really not trained to try this specific type of case and that’s the big issue.
Attorney Eric Sachs, on the other hand, is in the National College for DWI Defense. He has received numerous hours of DWI defense training in the science of DWI, DWI trials and all different aspects of these types of cases. They can involve breath, blood and urine tests and other evidence or there may be nothing at all. However, there is always science involved in every DWI case.
Attorney Sachs believes that what happens is that a lot of lawyers will not charge a lot of money but instead, they will undercut the competition. Those are the “you get what you pay for” lawyers. Then there are attorneys like Eric Sachs who is capable of taking cases to trial, even though he will try not to just because of the unknown. In fact, he tends to get better dispositions so a lot of his cases don’t actually need to go to trial. He is more prepared and more able to show the weaknesses of the case to the prosecution and to the judges in the court system. Therefore his clients may actually get a better result in a plea bargain than another lawyer who calls himself a DWI lawyer for the same kind of case.
According to Attorney Sachs, he finds that some lawyers try to avoid going to trial because they just don’t understand the case, don’t actually know how to go to trial and are intimated by the police and the science of these cases.
What Factors Help You Determine Whether A DWI Case Should Go To Trial Or Not?
When a client comes in to see Attorney Eric Sachs, he always tells them, “If you need to try your case, you have good defense to do so. We are capable of this but ultimately we don’t want to try your case if we don’t have to.”
The criteria of deciding whether or not to take a case to trial, really is to look at what outcome the client is looking for. Where the case actually starts is in reverse. In other words, you need to look at where it is that you want to and need to be at the end of the case.
For instance, some people who have a commercial driver’s can’t have an alcohol related offense. They will lose their license. There are people who may be facing an immigration issue, and those cases may have to go to trial. The case needs to be looked at from the end first, working your way forward.
Once that is established, you have to look at what else is involved in the case such as having a conviction on your record and whether it’s a conviction for the crime of driving while intoxicated or a conviction for the violation of driving while ability impaired. It has to be asked what else comes with it? What will the judge sentence you to? Are you facing jail time?
There are a lot of other collateral issues that are involved in a DWI case. After you establish and explore what the client is looking at regarding the record or the conviction or whatever the disposition will be, along with what the sentence, then you get to the beginning of the case as to, what is it that we need to do?
Attorney Eric Sachs has gone to trial on cases where the person was accused of having .08 percent blood alcohol concentration level and there was actually a plea offer of driving while ability impaired. However, he took the case to trial because this person could not afford to have even that charge on his record and won the case altogether. Additionally he has gone to trial in cases where people arrested had BAC levels well over the legal limit, for example .32 percent, and has been successful and had the cases dismissed.
A lot lawyers who call themselves DWI lawyers would not know how to handle those types cases and would probably have taken a disposition, or been intimated with a .32 BAC level.
Attorney Sachs was ultimately successful with it because he understands all of the habits of a DWI case; from the minute the police officer’s lights come on until the end of the case. He knows how to do that and he takes all of those things into account. He sits down and explains all of this with people when deciding whether or not to take their case to trial. However, ultimately the decision as to what he wants to do, is up to the client.
For more information on DWI Trials In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 921-0617 today.