Over the course of my career, I have beaten a few hundred drunk driving cases in Michigan, and nearly everyone knows it in the legal community. Maybe you are actually guilty, but you have the right to exercise the same defenses that every innocent person maintains in this country. One judge interrupted a prosecutor’s personal attack against me during a motion hearing and said, “Hold on a minute. Mr. Maze is hired to win these cases, and that’s what he does. We all know that. That’s what he does.” But the judge was neither criticizing me nor complimenting me.
I lecture on drunk and drugged driving cases before other lawyers. I am also frequently asked to consult on cases by other lawyers from across the state. They all want to know the secret:
"How do you beat a DUI case, Maze?"
Unfortunately, there is no big secret, so I tell them what I have learned over the years. I spend a great deal of time talking to younger lawyers, trying to teach them how to challenge evidence in criminal cases and how to conduct motion hearings, jury trials etc. You can listen to a lot of my views by watching my video presentations before the criminal defense bar. I also have several videos and podcasts that deal with the science behind drunk driving cases. There is no big secret. I explain this to all my clients, and I talk about how easy it is to lose a drunk driving case.
If there is a secret, it is this: You have to work these cases to get the result your client wants in his or her case. It also helps to know and understand the science, but hard work is really the only secret.
I know attorneys who have never filed a single discovery request in a criminal case. These lawyers do not file motions, and they do not go to trial. When it comes to a preliminary examination, they waive it. If they are forced into a trial, they opt for a bench trial before a judge after waiving the right to a jury. (If you are going to waive a jury, make sure you do this cautiously. I won my last bench trial, which was the first bench trial I had conducted in nearly two years.)
If I can give you one bit of advice: DO NOT HIRE A LAWYER WHO DOES NOT WORK HARD. Yes, they are cheap, but you get what you pay for in this world.
Good lawyers work their cases, and this applies to all cases. Years of experience helps, of course, but I think it is only because the hard work becomes a little easier over time.
So here are my secrets, if we can call them secrets:
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Get all the underlying documents from your client.
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Read the reports and ascertain what happened.
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Determine whether the officer had reasonable suspicion for the traffic stop.
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Determine whether the officer did the PBT correctly.
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Determine whether the officer conducted the chemical test properly as well as legally.
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Find out how much your client actually drank.
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Ascertain what your client’s blood alcohol content might have been based upon self-reported scores.
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Find out everything you can about your client’s medical history.
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Determine whether your client’s medical conditions or occupational settings might have resulted in an elevated chemical test.
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File discovery requests early and often.
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File Freedom of Information Act requests for everything you can possibly imagine. -
Tell the police and prosecutor, in writing, that video and audio recordings are exculpatory.
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Demand that the prosecutor provide your client with a speedy trial.
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Demand that the prosecutor provide live testimony by toxicologists.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Review all the reports and determine potential challenges.
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Watch and listen to the patrol car videos.
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Watch and listen to the staionhouse video.
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Listen to any 911 calls.
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Listen to any radio dispatch recordings.
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Focus on the times provided in the government’s documents to determine whether things were done correctly.
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Drive to the scene.
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Review witness statements.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Research the witnesses on facebook, twitter, etc.
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Interview witnesses.
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Recreate field sobriety tests.
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Challenge field sobriety tests.
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Hire experts.
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File motions challenging the traffic stop.
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File motions challenging the arrest.
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File motions challenging the chemical test.
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File motions challenging to suppress incriminating statements.
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File motions challenging the field sobriety tests.
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File motions challenging the PBT.
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File motions challenging the destruction or nonproduction of evidence.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Hold a number of evidentiary hearings.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Appeal the judge’s adverse decisions.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Set the matter for another motion hearing.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Appeal again.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Set the matter for a jury trial.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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Go to trial.
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Appeal again.
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Meet with the prosecutor and offer to resolve the case.
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Adjourn the case to conduct more work on the case.
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A drunk driving case is usually based upon circumstantial evidence, and circumstantial evidence is garbage whenever the circumstances involve police officials whose opinion and objectivity is highly questionable. The science behind breath testing is also circumstantial, and problems can arise with blood and urine that make the tests unreliable.
Prosecutors nowadays are trained to counter these questions with illicit tactics that probe into the likelihoods of a police officer being wrong and chemical testing being wrong, but this is absolutely possible and prosecutors never reveal the cold hard reality. Benjamin Franklin is credited with saying that it is better to allow ten guilty men to go free than to convict one innocent man, but these prosecutors do not abide by that motto.
National testing and averages prove false arrests occur about 75% of the time based upon field sobriety tests. These false arrests are whittled down by chemical testing, but chemical testing can produce artificially high results in about 1 out of 5 cases on low BAC cases. We know with a reasonable degree of scientific certainty that a statistically significant number of people provide extremely high BAC results while actually under the legal limit. Scientific studies conducted by researchers relied upon by the prosecutors have actually produced live, breathing people who have produced breath scores in the range of .24 that were actually under the legal limit. Isn’t that incredible?
So I will conclude by saying this again: There is no secret. I beat drunk driving charges because police officers make mistakes and the science behind drunk driving is subject to challenge. While I work my cases, I try to resolve these cases in a matter that is favorable to my client. This does not mean that I want to rush off and take your case to trial, but I will represent you to the best of my abilities to get you the best result possible in a drunk driving case.
I am also willing to take your case to trial before a jury. This is something that many criminal defense lawyers will never do, which is simply astonishing. If I am willing to take on your case, I am also willing to take it to a full blown jury trial.