Never Plead Guilty! ALWAYS Fight Your DUI Case with a Trial Lawyer! #Lawyertalk #DUIGuy

[Music] good evening everybody today is probably going to be the first installment of many of my Vlog entry for those of you unfamiliar with what Vlog means Vlog is simply a video blog me talking about whatever topic fancies me that day or maybe you guys have questions I have answers um who am I I'm a lawyer my name is Larry Foreman I branded myself as a DUI guy a few uh well a lot a few years ago now I've been in practicing law this is my fourth year in practice and already uh getting things going so this week or this month or this day whatever this is going to turn into uh we're going to be talking about DUIs today specifically even more specifically we are going to be talking about why you should fight your DUI case even if you believe it is a complete 110 percent loser case meaning you let's say did the field sobriety tests which are those little puppies where you have to walk a straight line and hold your foot up six inches or more off the ground and then follow the officer's finger left and right and left and right and you did the dog and pony show which I previously advocated very strongly against do not do those tests they are designed by Design they are designed for failure now it's unfortunate but it is what it is so you've done the dog and pony show you blew into the breathalyzer and you blew let's say a whopping .24 let's take this magical number it's so we have field sobriety tests we have 0.24 that you blew and as a result of that uh you think your case is doomed you told the officer that you had 17 beers over the course of six hours let's use these facts um and now you are coming to a lawyer and you basically and I've had a very similar case not that long ago uh where the client basically walked into my office we'll call him John Doe and John Doe came into my office and he said oh you know what Mr Foreman basically what he meant what he said was uh I just want you to hold my hand just hold my hand because I'm scared of the prosecutor I'm scared of the judge I'm scared of you because I don't know what I'm walking into but I'll pay whatever I need to pay and I want you to plea me guilty and I said my first question out of my mouth was why and he looked at me and and John had this weird look in his eye and he said what do you mean why I .24 I did I failed I look at the police report for God's sake I failed everything what else is there and I said well I don't know do you have did you watch the video he goes no I said do you know the rules and regulations that the officers have to follow he goes no do you know what the prosecutor has offered in the case what he has done in this case and I gave the slew of questions and every time the answer was Universal no I don't know that I don't know that I don't know that either and one of the questions I asked him was did the officer follow proper procedure when he was doing that dog and pony show out on the street he said no he does he didn't know anything about what the officer excuse me what the officer did do did not do should have done or could have done so how can you know that you are you should be convicted and here's what happened so he was like I said he was a 0.237 or something I believe he was close to that three times over the legal limit and most of you I already know the haters out there are going to hate me for saying this uh you know you're trying to get all these killers off the road and what if it was your child and your kid and your son and your wife at the end of the day you're absolutely right [Music] um but that's not the right question uh what if how can you sleep at night how can you defend these people quote unquote at the end of the day I'm just doing my job the Constitution of the United States not only permits and allows it actually mandates every lawyer to put quote look you can look this up quote um the burden is on the prosecution and you as an attorney are allowed to be because the burden of proof is on them they need to put on their case you have a constitutional right to defend our clients as defense lawyers to put the Commonwealth to their burden of proof that's it that is it you can be guilty as Sin but if they can't prove it you win your case simple right well at the end of the day if I'm not defending my clients to the best of my ability I am violating rule number one which is advocate zealously for your client that's I believe ethics rule number one advocate zealously for your my clients so what happened with John Doe after I gave him his Spiel he was a little bit more willing to pay significantly more than he came in with because he realized he might have a case and lo and behold [Music] um he was guilty as all sin but the police violated several rules and regulations and I'm talking we're not going to go into detail because I may divulge the case if I do because it's a very serious and it got a little bit of media attention even though it wasn't Louisville case um the the police violated his rights to the point where after I uh met with the prosecutor several times the prosecutor came to me and asked me not to go forward with my hearing the hearing which if successful would bring out all the fact that I really desperately wanted the world to know but we never got there because the offer was as they say you couldn't we couldn't refuse it if my client refused it I would be probably sued for malpractice if I didn't tell the offer to my client because the offer was drop the DUI it was a DUI second by the way he was looking at a very long suspension and they they dropped it they dropped the second they didn't even amend it they simply dropped it and he pled to a want in charge that had nothing to do with alcohol one in second which is a class A misdemeanor with zero jail time so he had some probation paid some fines and that's it and the beauty of that case is well sure I got a drunk who was drunk I've seen the video he doesn't look sober [Music] off the road uh not off the road but uh not convicted but I did my job so then the conundrum becomes we have two separate camps we have the the camp that is going to say well you SOB how dare you you you you you you monster you you put a guy back on the street now he's gonna go and he's gonna kill somebody well no not exactly don't don't get so hasty one of the things that I when I when a client walks into my office believe it or not I have a speech for them I send my clients to rehab I send my clients to Alcoholics Anonymous I send my clients to Mad Mad sends my clients to other uh facilities or whatever to get treatment because a lot of these people they are some of them are alcoholics sure uh some of them just have a problem some of them usually the majority of DUIs are actually more of um how should we put it a life-turning event they just had a divorce a um maybe um girlfriend dumped them maybe they God forbid uh you know there was a miscarriage maybe a child passed away I mean a thousand different they lost their job was a huge one in this market so my job was to fix the mistake that they made that's the lawyer's job to fix the mistake and solve the problem I'm a Problem Solver by trade people pay me money to solve their legal or sometimes non-legal Problem whatever it may be so then finally the second Camp is gonna say I'm gonna I'm getting to the the second Camp who was gonna say excellent Mr Foreman you did your job uh you got paid you got the case resolved to the client's best uh to your best of your abilities and to you the clients best result you got the best result that you could have possibly gotten in this case uh with my services or um you would have gotten maybe a better result with somebody else although I highly doubt that given um what I've learned over the years and what I know I know a lot of things I've learned because I was always eager to learn more and the more you learn the the world is a simple system so I won't get it I'm starting to get philosophical I feel I'm going to get off the subject and get back to why you should fight your DUI case no matter what so here's the prime example John Doe is back on the road his license has not been suspended for a single second um he was never convicted of the DUI second it was dropped and he pled to the wanton first with uh excuse me one second which was a Class A misdemeanor some probation no jail time I I believe I want to save in the fines were way but I think he paid he paid court costs memory serves me right so in a nutshell um you you have a case you you got in trouble with the law you had made a mistake you screwed up [Music] you didn't abide by the rules and laws that we all agreed upon unless you're a sovereign citizen which we're not going to talk about if you're a sovereign citizen feel free to turn off the video 20 minutes ago um but the laws that we agreed upon and now you're seeking help you come to my office you say Mr Foreman I'm scared I'm scared of the judge I'm scared of the prosecutor they're going to crucify me and I go look have a seat [Music] let's talk tell me your story everybody has a story cop did this cop did that I did this I did that the other officer the handcuffs were too tight the the my wallet was in the car as I was going to the jail and and then he didn't read me my implied consent he did and I don't remember and then this and that and I write everything down because in here the whole time you're speaking I am so used to trying DUI jury trials at this point I am always thinking if I'm a juror what would I think about that fact or because I know the law again it's all in here um I start to analyze oh that's an interesting one we're going to talk about this tell me tell me more about how the officer didn't allow you to reach for your wallet and you asked for your wallet and the officer said no this is a real Case by the way um not mine it was another attorney here in town where the wallet was with her friend or because she won her own independent blood test she requested it and the officer said no too bad so sad your wallet's in the car and she said but wait I I asked for the wall it was I remember I told you my purse my wallet it was with my friend another officer said too bad so sad goodbye and he won he won that case he got the DUI they're dismissed or amended why because the officer officers in general as much as I love them there are great officers out there I love officers who when I'm done cross-examining them high five mango it was SOB I knew you were gonna go after me with that question I knew you were you're but uh I tried to weasel away but I couldn't I love cops like that because they understand the game at the end of the day it's it's a very complicated very multi-faceted game uh that if you're good at is a lot of fun it's a lot of fun ask any public defender who's been a public defender for more than two weeks it's it's fascinating we are Protectors of the Constitution We Are The Gatekeepers of the Constitution so at the end of the day uh when people ask me should I fight my DUI case even though I think I'm doomed and I'm gonna be I'm gonna have to plead guilty and I have a lot of clients who come to me from other lawyers and this is very unfortunate I wish this wasn't like this but it is they come to me from other lawyers saying I just want you to look at this case and see if you can find something and because I'm a professional I will look at the case and I'll be honest and I'll say either look the lawyer and I've done this before the lawyer has done everything I'm sorry I cannot help you and then they as they walk away they cuss at me or whatever I never really had that happen but I'm sure it happens on the internally they're like you you don't know how to do your job and the I do it's just you don't have something good that I can sink my teeth into it's very rare it's very rare believe it or not um officers do make mistakes and and this is where and here's the other thing by the way if officers didn't make mistakes I would be out of a job if they did everything perfect every single second of every single day we would have a very good clean healthy community I'm only there when somebody makes a mistake either you or an officer or an officer because of you so to answer the question once again why you should always always always always always contest your DUI case simple you never know what you're gonna find you may strike gold you may strike silver you may strike coal [Music] you may strike nothing but if you don't dig how can you know and if you don't know you will always wonder what if what if what if

Channel: The DUI Guy+

Views: 25,817

Keywords: dui, dwi, oui, ouii, fight, contest, sfsts, field sobriety tests, preliminary breath test, driving under the influence, operating under the influence, court, drunk driving, driving drunk, operating while intoxicated, dui attorney, vlog, blog, episode 1, the dui guy, larry forman, fight your case, fight your dui, dui guy, larry forman law, larry forman attorney louisville ky, larry forman dui guy, dui lawyer louisville, dui defense lawyer, criminal defense attorney, trial attorney

Id: dIfZVEVWs2g

Length: 16min 28sec (988 seconds)

Published: Thu Jan 26 2017