Has an attorney told you not to challenge your license revocation because nobody ever beats them? Avoid any lawyer who gives you this advice, as they clearly do not understand DWI law, or how to properly defend a DWI.
Of course, it’s accurate to say that license revocations are very difficult to beat. The standard of proof is lower for the State than it is in the criminal case, and the entire case is overseen by a judge without a jury. At Meaney & Patrin, our philosophy is different and it has made us leaders in the field of DWI defense for years. Even though license revocation challenges are difficult to win, we always file them in our DWI cases. There are a number of reasons for this, which are all meant to benefit the client in one way or another.
First, your case might be one of the lucky ones that has a strong enough issue to win. You don’t want to pass up that golden opportunity. Fortunately, our team is experienced and knowledgeable enough to ferret out these issues and argue them to their best potential.
Second, even if your case doesn’t have an issue that’s strong enough to win, sometimes one of the officer witnesses fails to show up for the hearing. Most judges will rule in favor of the driver when this happens unless the State knows why the officer is missing and the judge thinks they have a good excuse. Another example of how we preserve every possible opportunity for our clients to win.
Third, sometimes it’s possible to negotiate a reduction in the length of your license revocation at the hearing depending on a questionable legal issue, factual discrepancy, or if an officer witness is running late. This outcome is rare because the State is only allowed to negotiate in limited situations, but we have accomplished this on numerous occasions.
Fourth, the filing of this challenge can open the door to postponing your license revocation in some counties. This option is gradually being phased out by the courts, but is still possible in certain situations.
Fifth, the pending challenge to your license revocation can be used a bargaining chip in the related criminal case. Even in cases where we don’t see a strong enough issue to beat the license revocation, if we postpone the hearing and handle the criminal case first we can offer a waiver of the license revocation challenge to the prosecutor in exchange for other concessions like a reduction in charges or other penalties.
The DWI Guys know how to properly defend your DWI to its best possible outcome. All cases are different, and it is crucial to hire a DWI defense team who knows how to steer your case to an overall successful outcome, even in cases that can’t be beaten. Having the right attorney on your side makes a huge difference. Never let someone talk you out of hiring a superior attorney to defend you.