Posted October/24/2009
SHOULD I ENTER DUII DIVERSION OR TAKE MY CASE TO TRIAL?
We represent many clients who are facing a first-time DUII charge and are seeking advice on whether they should take their case to trial or enter the DUII Diversion Program.
Sometimes it is difficult to decide whether to enter Diversion or to take one’s case to trial.On the one hand, the client may feel that the police were not justified to take the action they did in the first instance. There may be frustration that signs of intoxication were exaggerated and signs of sobriety were ignored. The client might feel that the police are only looking to pad their stats, and produce revenue through the court system.
On the other hand, the client may be looking for an expedient way to resolve his or her case, and may be seeking the path of least resistance to getting a matter resolved. Some clients do not fully consider the option of taking their case to trial. We have been contacted by clients who expressed regret that, on a previous DUII charge, they did not give sufficient consideration to fighting their case.
It is the responsibility of the defense attorney to present the options to the client in the most objective and realistic manner possible. When the client enters the DUII Diversion Program, there is one important benefit that comes the client’s way. A client who enters the DUII Diversion Program can be assured that, if the client completes all requirements of Diversion, and does not get another DUII for the next 12 months, the DUII charge will be dismissed. Thus, entering the DUII Diversion Program puts much control into the client’s hands as far as the future course of his case is concerned. On the other hand, when a client enters the DUII Diversion Program, the client gives up his opportunity to take his case to trial, and will be disqualified from entering Diversion again for a very long time (the “look back” period is being increased from 10 to 15 years as of January 1, 2010) in the event that the client gets a subsequent DUII charge.
The stakes of a DUII charge can be very severe. Based on false assertions by the news media and elected officials, the public tends to think that the consequences of a DUII charge are not serious. If you or someone you care about is facing a charge of DUII, make sure you put the case in the hands of an attorney who is experienced and successful in handling this type of criminal matter.
