<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by elizam90:
My 21-yr-old son just got a DUI in CALIF with enhancemants: .27 blood alcohol/hit and run. He is a student with no job-so we got a public defender. So of course we plead NOT GUILTY. Question: It has been very hard to contact the atty.-although we know how busy they are. Should we ask for another one-or just wait until the next hearing date? She is researching it-she says. But we don't get a response when we leave a message.
Also-what do I tell my insurance co.? The car is totalled-and there has been at least one claim from a car he hit-although I think at least one of the accidents was not his-just tied into his hit& run by location and time frame. He has witness to say he was at his house at the same time of the accident.
Help!
elizam
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My response:
If you have "witness to say he was at his house at the same time of the accident", then who do think was driving the car at the time of the accident?
As I see this, your son has two forms of litigation to go through: 1) Criminal matter; and, 2) Civil matter and damages.
I would strongly urge you to seek a private attorney for your son. Public defenders are severely overworked, and don't have the time to put in the attention to a case, as would a private attorney. Yes, it's quite costly, and I would do anything to hire a private attorney.
If your son loses at the criminal trial level, or if he changes his mind, and pleads guilty, the evidence and plea can be used against him in a Civil action.
If the evidence at the pre-trial tends to show that your son can be found guilty at trial, I would seriously discuss with an attorney your son's choices of plea; one of which is "nolo contendere." If such a plea is entered, the evidence deduced at the criminal level CANNOT be used against your son by a plaintiff in a Civil action.
There's one other matter. In a Civil action, if your son pleads not guilty, and is later found to be guilty, the evidence of drunk driving also opens up a claim for BIG TIME punitive damages, besides the general and special damages he could be hit with in a Civil action.
Your son's Public Defender is not taking these other matters into consideration, I'm sure, because of lack of time or interest, and because these other matters have nothing to do with the Public Defender's job in the criminal matter. But, your son needs to look down the road, and only a private attorney will help him do that.
Again, I realize that obtaining a private attorney is a tall, and expensive, order. However, the idea here is to obtain the best defense, and to limit and do as little present and future damage to your son as is legally possible - - and to have a chance at that, your son really needs a private attorney. Do whatever you can for your son to get that attorney - - max out credit cards, take out a bank loan, take a second on the house, borrow from family, whatever you have to do.
Good luck to all of you.
IAAL
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