Mims, FL DUI Law Firms & Lawyers

The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.

You should review the written retainer contract with your lawyer, it probably was a flat fee which included plea or trial.  I assume that at some point you entered a plea rather than going to trial. The decision to plead rather than go to trial is based upon the advice of your lawyer, which is what you paid for.  A lawyer will file a notice of appearance, request and review discovery from the state, obtain and review the dui video, and enter into negotiations with the state attorney and attend several court hearings before advising you of whether to go to trial or not. It is quite possible that the lawyer decided that you would have a losing case and if you went to trial you may have faced a jail sentence instead of probation as part of a plea. In many cases you are paying for the reputation and experience of the lawyer and some lawyers collect a flat fee which includes a trial.