The Decision to Plea

Many ask me when do I know when a client should plead and to what? The question is a good one but one that can not be answered easily. A number of factors come into play when advising a client.

The evidence. The first and most obvious factor is the evidence. In a prior post I discussed an attorney’s due diligence responsibility to their client. After performing this task, your attorney should be in a position to tell you the evidence against you, any anomalies in the police departments records, problems with FST’s and failures by the police department in any stage of the arrest and/or tests.

The court’s history. As I’ve said before, some courts have agendas, some have precedents relating to sentencing, and others, and in most cases, thankfully, take each matter on a case by case basis. Your attorney should have such knowledge and be able to advise you accordingly.

Politics. The topic of DUI/OVI is constantly in the news. Every day we are bombarded with news of those being charges with DUI, aggravated vehicular assault or manslaughter as a result of a alcohol or drug related incidents. This morning I even heard a radio ad from a national agency decrying “drunk motorcyclists.” Mothers Against Drunk Driving (MADD) are monitoring courts and petitioning the legislature seeking tougher laws. Judges and juries can not be blind to this. Judges, especially, are looking over their shoulder and being influenced in what has become a political hot potato.

As a result, taking a case to trial requires enormous skill and deference to the factors outlined above. There are many alternatives. The most obvious is to plead guilty (or no contest) to one of the DUI/OVI charges. If a strong issue is found, perhaps a reduced plea or sentence can be negotiated. If the court has a history of denying suppression motions or returning guilty verdicts notwithstanding the evidence, perhaps a no contest plea with a request to stay sentencing pending an appeal is appropriate. These are but a few of the alternatives that may be available.

Whichever, any plea should be forthcoming only after consultation with your attorney after they research the facts thoroughly and take into account those factors outlined above.