Maryland DUI/DWI Attorneys with decades of experience often find and successfully pursue defenses that less experienced attorneys find or even bother looking for. Unfortunately, many inexperienced DUI attorneys or attorneys who really specialize in areas of the law other than criminal defense, never look beyond the breathalyzer result, particularly in first offense cases that don't involve an accident or any injuries. The thinking is that the first offender will in most cases receive probation before judgment (PBJ) anyway so why bother? The person won’t go to jail and will not get points on his or her license so a PBJ is really as good as a not guilty or a dismissal. I beg to differ.
Aggressive and Experienced DUI Attorneys know that there is a world of difference between a PBJ and a not guilty verdict. First of all, even if the client does receive PBJ, he or she will almost certainly be required to pay fines, attend alcohol counseling and serve a period of supervised probation. There may be other time consuming and costly requirements placed upon the client as well such as community work service, AA meetings and shock trauma visits to name just a few. Moreover, the PBJ can NEVER be expunged from the person's record so even though the defendant will not have points assessed by the MVA, a record of the PBJ will always be kept which means that if the person ever gets charged with DUI again - even many years later- the stakes will be much higher as he will be a repeat offender.
And on top of all of this, in a garden variety first offense http://criminal.mdattorney.com/lawyer-attorney-1704950.html there is little risk to the client in not accepting the plea bargain offered by the State as there is cases involving accidents or repeat offenders. I say this because most judges will grant the defendant PBJ even after a trial in which the defendant is found guilty, so in my view you may as well take a shot at the not guilty if you have any possible defense at all. There is really nothing to lose. Here are the facts of the case I had last week: