MYTH: “There is nothing that a lawyer can do.”

TRUTH: We can and do win DUI cases. Do not give in to despair and believe that you are destined to lose. Pleading guilty to a DUI when there are problems with the evidence against you may be an extremely expensive mistake.

MYTH: “I will make it worse for myself by fighting.”

TRUTH: Like it or not, you are a defendant in a criminal case. One hundred percent of criminal defendants that plead guilty are found guilty! The only way to make it better is to assert your rights. I use my system to punch holes in the prosecution’s case.

MYTH: “There are no hidden costs in pleading guilty to a DUI.”

TRUTH: The biggest costs are hidden. At first the fees and fines are spelled out in the Vehicle Code. However, the $390 dollar fine may be tripled ($1170) because of mysterious “penalty assessments”. Furthermore, court restitution and booking fees can add up to hundreds of dollars. A DUI driver class can cost between $300 and $900 dollars or more. The license reinstatement fee is $125 dollars. The SR22 is expensive and triggers the biggest hidden cost in a DUI case: increased car insurance. It is a fact that most auto insurance companies have a DUI “surcharge” that can double or triple your car insurance premiums for years. In some cases it will be as long as 10 years! In addition the loss of a driver’s license can cause loss of employment. Professional licenses and immigration status can also be impacted by criminal convictions, hampering earning potential for years to come.

MYTH: “I had a drink and drove. I must be guilty.”

TRUTH: It is not a crime to drink and drive. It is a crime to have a .08% or greater blood alcohol concentration and drive, or to be under the influence of alcohol and drive. If you are over 21 years old, had a drink, but were not under the influence of alcohol and had a blood alcohol level below .08% when driving you have not committed a crime.

MYTH: “I can always get a public defender to help me.”

TRUTH: There are strict income requirements to qualify for the public defender. If you are on General Relief, for example, you should always qualify for the public defender. GR pays less than $200 dollars per month plus food stamps. However, just because you have bills and do not have much cash left over does not mean that you will qualify. I have made arrangements for alternative and reduced fees in the past when people have personal situations that make money an issue. We take credit cards, and have payment plans. I sincerely believe that justice should not be tied to the size of a person’s wallet.

MYTH: “I am a good citizen and a good person – I will get the case reduced because of this.”

TRUTH: In many jurisdictions across the state, your good character is limited to your lack of a criminal record and that is all. It is my job to emphasize that you are more than someone without a rap sheet.

MYTH: “DUI lawyers do not believe the public needs to be protected from drunk drivers.”

TRUTH: When an attorney defends a burglar it does not mean that they support burglary, and want to make burglary legal. It is the same for me with DUI cases. Because I defend someone accused of DUI does not mean that I think DUI should be legal. However, I want my clients to stay out of trouble because I care about them and because, quite simply, it is the job of the prosecution to determine criminal behavior. The job of the defense is to find the good, make the state prove their case, and represent the accused.

Call (831) 458-1011 To Contact Santa Cruz DUI Attorney J.P. Lavallee
To Discuss Your DUI Charges and Plan a DUI Defense.

Call (831) 458-1011 To Discuss Retaining Santa Cruz DUI Lawyer
JP Lavallee to Fight Your DUI Case