THE CONSUMER'S GUIDE
TO CHOOSING A DUI LAWYER

Nine dangers in choosing the wrong DUI Lawyer:

  1. Price rip-off
  2. Not getting the best “deal”
  3. Longer jail sentence than necessary
  4. No communication with lawyer
  5. No case assessment by lawyer
  6. Lack of information about your case
  7. Loss of license for longer than necessary
  8. Possible “hidden” costs
  9. Missing a key defense strategy

Four misconceptions about DUI defense:

  1. It is not possible to win a DUI
  2. Any lawyer can walk you through this process(so pick the cheapest)
  3. All lawyers charge fair and balanced fees
  4. All lawyers know the Motor Vehicle Code and driver licensing laws

Four reasons you want a DUI specialist to represent you:

  1. Complete assessment of your case with all possible defenses explored
  2. Fees based on experience and volume
  3. Familiarity with the “system”
  4. Ability to work with Departments of Transportation

This Consumer guide is provided free
by the law firm of:

NISTICO-ROBERTS, P.C.
300 West State Street, Suite 207
Media, PA 19063
(610) 566-0500
SERVING CHESTER, DELAWARE, MONTGOMERY AND PHILADELPHIA COUNTIES IN PA. AND ALL OF SOUTHERN NEW JERSEY

NINE DANGERS IN CHOOSING A DUI LAWYER

1. Price Rip off:
  1. Beware of the bait and switch of the legal game; that is high quote of many thousands of dollars for a “vigorous defense” of your case and at the end a guilty plea.
  2. The initial “low ball” followed by never ending requests for more money as your case progresses.
  3. The fee without an agreement spelling out everything that the fee is buying you and what it is not buying you.
2. Not getting the best deal:
  1. Does the lawyer know the local customs and alternative sentencing options in the county/municipality where you were charged?
  2. Does the lawyer have a good or bad relationship with the prosecutor and Judge?
  3. Does the lawyer know all of the weaknesses of the prosecutions case and how to take advantage of them?

3. Longer jail sentence than necessary:

  1. Lawyer must know mandatory minimum sentences for your case
  2. Lawyer must know your complete criminal history for sentencing guidelines.
  3. Lawyer must know all DUI arrests and convictions in all jurisdictions.

4. Communication with lawyer:

  1. You want a lawyer that returns your phone calls promptly
  2. You want a lawyer that explains every aspect of your case so you understand what is happening to you and why.
  3. You want your questions answered honestly and promptly

5. No case assessment by lawyer:

  1. Necessary in order to give the entire impact on you and your family of your DUI offense
  2. Necessary in order to explore any and all defenses in your case.
  3. Necessary in order to make sure that ultimate conclusion of the case is the best possible deal.

6. Lack of information about your case:

  1. Lawyer should know everything that happened at least 12 -24 hours before the DUI.
  2. Lawyer should know your job and domestic situation
  3. Lawyer should know how your life will be affected by a loss of driver’s license.

7. Loss of drivers license for longer than necessary:

  1. Lawyer must be familiar with how the DUI will affect your ability to drive.
  2. Lawyer must be familiar with licensing laws in other jurisdictions.
  3. Lawyer must be familiar with delays and avoidance of license suspension.
  4. Lawyer must know the effect of jail on license suspension.

8. Possible “hidden” costs:

  1. Are all fees for all lawyers in the firm the same?
  2. Are you being charged for additional costs such as travel time, reproduction costs, printing costs, etc?
  3. Are you charged a separate fee for each appearance, even if the case is postponed through no fault of yours?

9. Missing a key defense strategy:

  1. Is there some legal challenge that can be made to the prosecution case?
  2. Are you sure the lawyer knows all the possible legal defenses you may have?
  3. Has a complete and thorough assessment been done of your case so as to uncover any and all possible defenses?

FIVE MISCONCEPTIONS ABOUT DUI DEFENSE

1. It is not possible to win a DUI:

  1. All evidence has to be dismissed if the officer did not have probable cause to stop your vehicle.
  2. With the new DAI law a reduction in the tier (blood alcohol level) can greatly reduce your sentence.
  3. Only after a complete DUI assessment can you be sure there are no defenses to your case.

2. Any lawyer can walk you through this process (so pick the cheapest):

  1. The DUI law is very complex and has become even more complicated With the new law that went into effect Feb. 1 2004.
  2. A general practitioner deals with many areas of the law and usually does not have the expertise to handle a specialized area such as DUI.
  3. Even for first time offenders, the new law makes the ARD process more complex and difficult to obtain.

3. All lawyers charge fair and balanced fees:

  1. Beware of lawyers who charge large fees, promising great results and wind up recommending a plea.
  2. Beware of lawyers who charge considerably higher fees to clients who are in higher earnings brackets.
  3. Beware of lawyers who charge low fees to begin with and then pile them on after you are on the hook.

4. All lawyers know the motor vehicle code and driver licensing law.

  1. The motor vehicle code is very complex and contains many provisions that can affect your right to drive in addition to the DUI sections.
  2. In addition to license suspensions, you may need to know about the ignition interlock and the occupational limited license.
  3. There are things you will need to know about your suspension such as earning credit and no credit for jail.

FOUR REASONS YOU WANT A DUI SPECIALIST TO REPRESENT YOU

1. Complete assessment of your case with all possible defenses explored:

  1. In every case the DUI specialist will assess the effect of the DUI on you, your family, your job and your future.
  2. In every case all aspects of the case from 24 hours before the stop through the present will be explored by the DUI specialist.
  3. In every case your complete criminal history will be explored in order to assess the best and worst sentencing options.

2. Fees based on experience and volume:

  1. No need to research each case for legal principles that are used in many cases.
  2. Fees are set with the expectation of passing on savings for group activities.
  3. Years of specialized practice eliminate many of the costs that result in higher fees.

3. Familiarity with the “system”:

  1. Each court has its own peculiar way of doing things that a DUI specialist will know and use to your advantage.
  2. The prosecutors, Judges and probation officers are familiar with the DUI specialist and have established relationships with them.
  3. Each county has a unique ARD program, IPP program, method of license suspension, etc. that the DUI specialist will be familiar with.

4. Ability to work with Departments of Transportation:

  1. The DUI specialist will be able to read a driving record, a skill very few people can claim.
  2. The DUI specialist will be able to handle a License Suspension appeal, particularly a chemical test refusal.
  3. The DUI specialist is familure with the lawyers and staff at PennDot in order to competently handle other Driver licensing problems that may result from your DUI.