Former Prosecutor Help Defend in Georgia DUI

Question: How does being a former prosecutor help you defend Georgia DUI cases?

Answer: I was a prosecutor for many years around Atlanta and also other areas of the state. And I can say with certainty that DUIs are treated as one of the most serious offenses that you encounter. No one, no prosecutor wants to be seen as being lenient on DUIs and most of the prosecutors, other than the district attorneys themselves, have someone that’s supervising them and watching over them. So some people will say, “Oh, I don’t need an attorney I can talk this out with the DA and it’s going to go away.” And that’s just not going to happen. In order to try to make anything happen with the district attorney’s office, you need an experienced attorney; hopefully someone that they are familiar with, have a good working relationship with, and someone that can cut to the chase and actually get them to discuss the facts and stop trying to be so hard on DUIs, stop trying to be so hard on pressing charges against someone who has so much to lose. When I was a prosecutor, I knew from day one if we had subjective tests we were going to have a difficult time proving the case. I saw other defense attorneys have fun with our police officers at the time. I saw the field sobriety tests. I saw videos that didn’t look to me like DUI; I didn’t see, I prosecuted some where it was pretty close whether or not somebody was less safe to drive. But when the officer makes the arrest, many times the district attorney’s office has to prosecute it. They’re elected officials, they have supervisors, they’re not just going to drop a case unless it’s just completely arbitrary. And I wouldn’t have when I was a district attorney. But I know what the district attorney’s office and the prosecutors are going to look for in a case. I know what’s strong evidence for them and what’s not, because I used to do that. I know exactly what they’re looking for. And I know how to explain away the evidence that they think is going to be a homerun for them; any evidence that they think gives them their case, I’m able to show what the holes are because I’ve seen that side. I know exactly what they do. And another way that comes into play is I’m often able to say to them, “You know, I was a prosecutor for many years. I know. You’re saying this is a DUI. You and I both know that juries are unpredictable; we both know this field sobriety test, they’re just completely subjective and unreliable. I was a prosecutor, too. I’ve been in your shoes. We know this isn’t a DUI.” A lot of times approaching it that way, having any sort of credibility as a former prosecutor can lead to getting rid of charges.

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