D.U.I blood test 0.8

[quincy]

Heck, out here, a criminal defense attorney retainer for cases NOT including trial often vary between $3000 and $5000, with the lowest I have seen locally being $2500. It may be because where I live, many of these same attorneys also work for scale as appointed legal counsel, so in order to make up for the lower fees when appointed by the courts, they have to ask for higher private fees ... though, this is just a guess on my part. I am friends with some of the attorneys and a couple of judges, but I do not make a point of talking about rate structures ... poor form.

I think most people don't care all that much about a lawyer's hourly rate ... until they find themselves in a legal pickle and need to hire one.

 

[CdwJava]

I think most people don't care all that much about a lawyer's hourly rate ... until they find themselves in a legal pickle and need to hire one.

I'd say you're right!

Fortunately, other than having to hire counsel for my employee association, I have no experience having to inquire for personal reasons. Thank goodness!

 

[juanoch]

I would have guessed the same range that Bambi came up with.

Your link doesn't deal with hourly rate. Yes, most attorney's don't make as much as most think - not due to the hourly rate but rather the struggle to get enough billable hours in a week. I would think that the hourly wage numbers in your link are based upon gross income for the week divided by hours worked. Hours worked is almost certainly far higher than the number of billable hours worked.

My significant other is an attorney (not one of the rich ones unfortunately ) and her goal is to get three billable hours a day. She often falls short of that goal. She's a sole practitioner with no paralegal or secretary so she ends up doing a lot of work that she cannot bill for.

I got a 3900 flat fee in payments does this seem about right price range

 

[quincy]

I got a 3900 flat fee in payments does this seem about right price range

No one can answer that question. It might fit within a reasonable range for your area of California but it depends on what the flat rate covers. Read carefully, and understand fully, what the contract says before signing it.

 

[CdwJava]

And, is this attorney a general defense attorney also doing DUI defense, or someone who specializes in DUI defense alone? $3,900 seems awfully low for an experienced and skilled DUI defense attorney.

 

[quincy]

And, is this attorney a general defense attorney also doing DUI defense, or someone who specializes in DUI defense alone? $3,900 seems awfully low for an experienced and skilled DUI defense attorney.

The $3900 flat rate would not be low in Michigan or low for some areas of California, even for a skilled and experienced DUI attorney, depending on what exactly the $3900 covers. Low flat rates can have "add on costs," however, for analyzing test results or for expert testimony, so the attorney contract needs to be read and the limitations understood.

Again, there is really no way to judge attorney fees without knowing the area, what is typical for the area, what the attorney's credentials are ... all sorts of factors must be considered.

 

[jdbofky]

It is also a two edged sword. Without SFSTs, the officer is left with his observations both of driving and the contact. Absent the SFSTs, observations that may have had other innocent explanations can remain as incriminating. I have never lost a DUI even when they have refused the SFSTs. But, then, I know what I am looking for. That may not always be the case.

I'm supposing that you make sure you have a recorded driving pattern, video or audio depicting demeanor, speech, etc. that would convince a jury. Not all officers do that. Some make the arrest based on the smell of alcohol and the refusal without much else in the way of independently verifiable evidence. In my experience, juries want more than just an argument that the refusal indicates consciousness of guilt on the part of a defendant. Experienced officers in DUI interdiction know this and get the right evidence, but many don't.

 

[CdwJava]

I'm supposing that you make sure you have a recorded driving pattern, video or audio depicting demeanor, speech, etc. that would convince a jury. Not all officers do that. Some make the arrest based on the smell of alcohol and the refusal without much else in the way of independently verifiable evidence. In my experience, juries want more than just an argument that the refusal indicates consciousness of guilt on the part of a defendant. Experienced officers in DUI interdiction know this and get the right evidence, but many don't.

I don't know a single prosecutor that will rely on a refusal to imply consciousness of guilt. Certainly, when presented properly, a jury can make the inference, but, it takes more than that.

Observations as to the driving, actions upon approach and contact, voice and mannerisms, odors and objective signs, and even as the suspect exits the vehicle, can all come into play and do. Video is only part of things, and I was making these cases long before we had cameras in the cars or on our persons, and in-car cameras catch none of the interaction at the window, and body cams rarely catch the small things that an officer can see, or what he can smell, so being capable of articulating those things that give rise to the objective indicia of impairment are important.

I am both DRE and a DUI instructor, so ....

 

[drruthless]

what is the average cost for a case like this

Ooooh Mine in 1995 cost about $10,000 give or take.

It also cost me the life of my son.

..______________
~ experience is what you get when you don't get what you wanted.

 

[Ohiogal]

I would have guessed the same range that Bambi came up with.

Your link doesn't deal with hourly rate. Yes, most attorney's don't make as much as most think - not due to the hourly rate but rather the struggle to get enough billable hours in a week. I would think that the hourly wage numbers in your link are based upon gross income for the week divided by hours worked. Hours worked is almost certainly far higher than the number of billable hours worked.

My significant other is an attorney (not one of the rich ones unfortunately ) and her goal is to get three billable hours a day. She often falls short of that goal. She's a sole practitioner with no paralegal or secretary so she ends up doing a lot of work that she cannot bill for.

I KNOW that feeling. I am a sole practitioner as well. Filing, opening mail, going through emails, and billing take a lot of time as do answering phone calls for inquiries that may or may not result in clients. Then there is taking all the CLEs required and other non billable requirements (including travel at times). Three hours a day is a good goal.

 

[jdbofky]

I am both DRE and a DUI instructor, so ....

Then you're obviously an expert at DUI interdiction. The vast majority of DUI arrests are not made by DREs. I have no doubt your arrests stick much better than the average officer's. I wish they were all thorough and involved multiple indications of impairment where the SFSEs have been refused. Unfortunately, that is not the case.

 

[Shadowbunny]

Ooooh Mine in 1995 cost about $10,000 give or take.

It also cost me the life of my son.

..______________
~ experience is what you get when you don't get what you wanted.

Oh, I'm so sorry for your loss. I can't begin to imagine the heartache.