How to Select the Best DUI Attorney for your case

Choosing the Best DUI Attorney

Why do you need a lawyer?
a. The criminal justice system is complicated. The District Attorney’s Office is staffed with attorneys whose sole responsibility is to convict you of DUI. They are not on your side. A good defense lawyer can protect you from being wrongfully convicted of DUI, punished too severely for DUI, or convicted based upon tainted or wrongfully obtained evidence.

How do you choose the Best DUI Attorney for my case?
a. Every lawyer is different. Each attorney has a unique set of skills and knowledge.
b. A high priced lawyer may not be the best lawyer for your case. The cheapest lawyer may not be the best value.
c. You should visit the attorney’s website. To see my website and to learn more about my knowledge and services, visit www.CentralPennDUIDefense.com
d. Ask questions. Below, I have listed questions that I think every lawyer should be prepared to answer. I have provided my answers. If you choose to call other attorneys, I encourage you to use this list as a guide.

BACKGROUND, EXPERIENCE, AND PRACTICE

1. Are you an experienced DUI Attorney?
a. Yes. Since 1990, I have viewed DUI cases from every possible angle. As a former police officer, prosecutor, and now as a defense attorney, I have reviewed hundreds of DUI cases. I know and understand the procedures and tactics used by law enforcement officers. I understand the weaknesses of the field sobriety tests, the blood & breath tests, and report writing skills of law enforcement and, more importantly, how to use those weaknesses to the advantage of my client.

2. I want a specialist: How much of your practice is dedicated to representing DUI Defendants?
a. It is unethical for an attorney to call himself a “specialist.” However, 75% of my practice is dedicated to DUI Defense


3. What other areas of law do you practice?
a. I limit my practice to DUI Defense, Criminal Defense, Traffic Defense, Post-Conviction Relief (Appeals, Pardons, & Expungements)

4. Are you a member of the National Association of Criminal Defense Lawyers and/or the Pennsylvania Association of Criminal Defense Lawyers?
a. Yes. I am committed to Criminal & DUI Defense and these organizations provide a great deal of support to help me achieve the best result for my clients.

5. Are you a former prosecutor? / How does this impact my case?
a. Yes. I am a former prosecutor. I have worked for the Las Vegas, Nevada District Attorney’s Office, the Cumberland County District Attorney’s Office, and the Lancaster County District Attorney’s Office. I know and understand the prosecutor’s manner of preparing cases, the goals of the prosecutor, and the best way to utilize those factors to the benefit of my client.

6. Are you a former police officer? / How does this impact my case?
a. Yes. I am a former law enforcement officer. I was first sworn in as a Police Officer in 1990. In my most recent capacity, I was my unit’s traffic enforcement/DUI Specialist. I received advanced training in the administration of breath testing as well as Field Sobriety Testing. I personally administered the tests on hundreds of occasions. I know the weaknesses of these tests at a different level than most attorneys.

7. I want an attorney who will devote time and energy to my case: Do you accept court appointments (cases assigned by the court when the defendant does not have the money to retain an attorney with their own funds)?
a. No. I only accept private-pay clients. I devote my practice to helping my clients achieve the best possible outcome for their case. Attorneys who accept court appointments do not have any control over the number and quality of the cases they are assigned. I became a lawyer to help people, not to move people from one part of the system to the other.

8. I want an attorney who will communicate with me: Do you return phone calls / emails promptly?
a. Yes. Communication is the key to a successful lawyer-client relationship in a DUI case! Email is preferred, because I can respond to your question immediately, even while in court. If you call and leave a message, I will contact you within minutes or hours, not days.

APPROACH TO YOUR CASE

9. I just want to apply for the ARD program: Do I need an attorney?
a. It depends. If you are eligible for the ARD Program and you know and understand that ARD is the lesser of two evils, but have decided that you are willing to enter the program without a full evaluation of your case, you may be able to get through ARD without lawyer. (I know it seems strange to have a lawyer tell you that… But, I believe in being honest.)
b. If your first contact with an attorney leaves you feeling like ARD is your only goal, without evaluating your case fully, you must evaluate whether or not his/her services are worth your hard-earned money.
c. ARD is not your only option. It is a good program, but not a great program. You should hire a lawyer who will fully and fairly evaluate your case before you make any decision about ARD.

10. What are your goals for my case?
a. Dismissal of Charges
b. Avoid Jail
c. Avoid License Suspension

11. Do you take DUI cases to trial?
a. Yes. IF it is in your best interest to take a case to trial, I will recommend trial. Trial is about achieving the best result for your case. It isn’t about padding my resume.

12. Do you recommend ARD is some cases?
a. Yes. In some cases, your charges may be resolved by ARD IF your case is not winnable. However, I only recommend ARD after a full and fair evaluation of your case. (See Brochure).

13. Have you had a DUI case dismissed completely at the preliminary hearing?
a. Yes. Although I cannot guarantee this result. It is something I strive for in every case.

14. Are you able to negotiate a reduction in charges at a preliminary hearing?
a. Yes. In most cases, I am able to obtain a reduction of charges or dismissal of some charges at your preliminary hearing.

KNOWLEDGE OF DEFENSE STRATEGIES

Medical Condition

15. I have a medical condition, does this matter?
a. Yes. Your medical condition can affect your ability to perform field sobriety tests, your breath testing results, and/or your blood test results. Your medical condition is vitally important to your defense.
b. If you were involved in a motor vehicle accident as part of your case, your Blood Alcohol Content result can be affected.
c. If I recommend your case for trial, I may ask for your authorization to release your medical records.
d. I have a Legal Nurse Consultant (A Registered Nurse with over 17 years of experience) available who will review your records.
e. If you medical condition impacts your case, it can be a viable defense.
Field Sobriety Tests & Drug Recognition Experts

16. I “failed” my field sobriety tests (FST) does this mean I am guilty?
a. No. Field Sobriety Tests were designed to determine whether or not a person has a blood alcohol level above a .10%. Even when properly administered, they are effective less than 70% of the time. They are rarely administered properly.


17. Have you received advanced training in the area of Field Sobriety Testing?
a. Yes. I was first certified in the use of Field Sobriety Tests in 1990 as a police officer. I subsequently was certified in 1994 and 1998. I currently possess all manuals utilized by police officers since 2004. In addition, as recently as 2011, received advanced instruction on cross-examination related to FST.

18. The officer who examined me was a Drug Recognition Expert (DRE). Does this mean I am guilty?
a. No. Recognition of a police officer as an “Expert” has not been accepted in all counties in Pennsylvania. Moreover, even if the officer is certified as an “expert,” he is subject to cross-examination based upon his personal observations. Police Officers should not be performing medical examinations.
Blood & Breath Testing

19. My Blood Alcohol Content (BAC) / Breath Alcohol Content (BrAC) was above the legal limit. Does this mean I am guilty?
a. No. It means that law enforcement has provided an estimate of your blood alcohol content. The Commonwealth must prove, beyond a reasonable doubt, that your BAC/BrAC was above the legal limit. More information is below.

20. Drugs were found in my blood 75 Pa.C.S.A. 3802(d); does this mean I am guilty?
a. It depends. In some cases, the Commonwealth need only establish that you blood contained a certain level of certain Schedule I and Schedule II controlled substances, such as marijuana or cocaine. In other cases, the Commonwealth must establish that the drugs in your system impaired your ability to safely operate a motor vehicle. They must do so with the assistance of an expert. That costs money. Therefore, the Commonwealth may be willing to reduce your charges prior to trial. Or, in the alternative, you may take the case to trial.

21. How does a Breathalyzer work?
a. Poorly. In simple terms, an infrared light is produced and is shone through the particles of your breath to determine whether there is a presence of the molecules consistent with ETOH (Ethyl Alcohol). The device then calculates the amount of alcohol to determine the grams of alcohol which would be present in 210 liters of breath. If the result is 8 grams of alcohol per 210 liters (the equivalent of 105 2-liter bottles of soda) you will be subject to charges.
b. Operator error impacts the reliability of the device.
c. It is not accurate (Think of your two results, are they identical? In most cases no)

22. Are you able to challenge a Breathalyzer in court?
a. Yes. Absolutely. This is particularly true when the consequences are high (second or third offense) or the result is close to a lower level (.110 or .170).

23. I’ve heard that blood testing is more accurate than breath testing. How is my blood tested?
a. There are two primary means of testing your blood for the presence of alcohol. The blood can be tested utilizing serum or whole blood.

24. What is the difference between Serum Testing and Laboratory (Gas Chromatography) Testing?
a. Serum testing is less accurate than whole blood testing and is known to produce a higher result that must be converted using mathematics and a conversion rate found in a book. The medical technicians often testify that they do not know why they utilize a particular conversion rate.

25. Are you able to challenge a blood test in court?
a. Absolutely.

FEES

26. How much is your fee?
a. Your case is unique. If you have received an advertisement from an attorney that quotes a particular fee, you are buying a product, not a service. Your fee should be based on your personal goals and circumstances.
b. You are facing a very difficult time in your life. Now, more than ever, you need to be assured that your attorney provides personal service.
c. My fee is based upon a number of factors, described below. However, the most important factor is your personal goals.
d. During your FREE consultation, we will discuss the facts of your case, your goals, the services I will provide, and my fee. You will receive a fee agreement that details, in writing, the services I will provide.

27. I don’t have a lot of money: Can I afford to pay you?
a. Yes. I have taken extraordinary steps to make my services more affordable by reducing overhead expenses and increasing my use of technology. After our initial consultation, you will receive a packet of information which details my fees, my services, and the unique aspects of my practice which result in a better value.

28. What options do I have for making payment?
a. You may pay by check or credit card
b. You may enroll in an affordable payment plan

29. How do you calculate your fee?
a. A “One Size Fits All” legal fee is not your best option. Your case is unique.
i. EXAMPLE: If you were asked to tell me the price of a 2011 General Motors car, it would be impossible to quote one price. A Cadillac costs more than a Chevy. A Chevy Camaro costs more than a Chevy Impala. Even on the same car, the additional options make the price of every vehicle different. The same is true for legal services.
b. After I have the opportunity to speak with you about your case, I can quote a fee.
c. My fee is calculated based upon my knowledge, experience, the time I will spend on your case, and the complexities of your case.
d. My fee is based on Three Categories (1) ARD Recommended, (2) Non-ARD Services, and (3) Trial Services. Each level of service requires differing amounts of time as well as differing amounts of effort and preparation. Before you decide to retain me, you will have a written document that explains, in detail, the services I will provide.
e. You have a right to know this information. Ask for it.

30. How do I learn more about your fees and services?
a. Call me at 1-888-821-9446 or go online to www.CentralPennDUIdefense.com to submit a free case evaluation.
b. The consultation is FREE.
c. Based upon the information you provide, I will quote a fee.
d. I will provide you with the following information (FREE).
ii. Welcome Brochure (so you can learn more about me and my firm)
iii. An Agreement for Legal Services
iv. A comprehensive list of my services as well as the fee for each service.
e. A self-addressed stamped envelope to return the Agreement to me when you decide that I am the best lawyer to represent you.

31. What do I do next?
a. Call me at 1-888-821-9446 for a free consultation.


My name is F. Dean Morgan, Esquire. I represent DUI Defendants and ARD participants in Cumberland County, Dauphin County, Franklin County, Lancaster County, and York County. I represent individuals facing their third offense DUI case throughout all of Pennsylvania. Call me today at 1-888-821-9446 for a free consultation.