No DUI or criminal case is a slam dunk for the prosecution. Trial work is always fluid and anything can happen when you tell the Judge “Ready for trial.” Have you ever noticed how many people never say that and just plead cases away? At Bruce Robinson & Associates we are a trial firm, we try DUI cases and we don’t hesitate to say “Ready for Trial.”
A recent example of this happened today in a DUI case in Cecil County, Maryland. This Defendant was a multiple DUI offender with 2 DUIs within the past 5 years. Two DUIs inside of a ten year period of time is a bad thing because the defendant is unable to get a probation before judgment and therefore must flat out win his case or he will suffer the consequences of a DUI conviction. In addition to being a multiple offender, this client also had a very high breath result. The State’s Attorney was demanding jail in front of a tough District Court Judge who would have loved nothing more than to oblige the State in it’s demand.
The Prosecutor asked me if she needed all of her officers for this case. I was thinking, what a strange request, of course you do; evidently sh was used to too many lawyers who just roll plead their clients out. I told the prosecutor that not only did she need all her officers, but they needed to be in the court room (not just generally available). After half of the docket went by I began to see a glimmer of hope in the case that the State may not be able to prove its case because the arresting officers may not be available for trial. Ironically, the prosecutor never even checked in with her officers the day before as she is supposed to in order to obtain their presence in court.
Sure enough a case that was once considered such a slam dunk for the State and a significant problem for my client, such that the prosecutor didn’t even bother to contact the arresting officers the day before court ended up being placed on the Stet Docket. The Stet docket is an inactive docket which in most cases means the State is dropping the charges. However, some counties like Carroll County will bring the case back for trial, even after a flat out dropping of the charges. The point of this blog being, do not give up simply because you have been charged with a multiple DUI in Maryland. Anything can happen in ware-fare (the court room) and many times, good things can come from the willingness to try the case. This is why when some attorney tells you that your case is unwinnable you shouldn’t hire them. No case is unwinnable. The burden is on the State to prove you guilt and often perseverance and experience will win out.