Training updates

I like to keep my readers posted on the training the members of my Law Firm are attending at any moment.  Here is a break down of the national seminars scheduled we will be attending.

Attorney Nielsen is attending the NHTSA Student SFST course in Atlanta in mid-April.  Attorney Nielsen will come away with the same skill set and knowledge that every police officer throughout the state of Maine receives while attending the Maine Criminal Justice Academy.

Towards the end of April, both Attorney Nielsen and Attorney Bly plan on attending a 1 day seminar for advanced OUI training.

From May 7th - 10th, both Attorney Nielsen and Attorney Bly will be attending a federal criminal seminar in Portland Oregon entitled "Winning Strategies Seminar" which is dedicated to the nuts and bolts of federal criminal practice.  In addition to this national seminar, Attorney Nielsen regularly attends monthly workshops dealing with common federal issues that tend to crop up in most federal drug cases.

From May 13th - 18th, Attorney Bly will be attending a specialized blood alcohol seminar.  The focus of this seminar is to deal strictly with the collection, analysis and problems associated with blood and urine testing in OUI cases.  Attorney Bly has successfully defended numerous blood test cases throughout his career and this specialized training will prove to be a benefit to future clients charged with OUI where a blood sample was obtained.

In July, both Attorney Nielsen and Attorney Bly will be attending the annual National College of DUI Defense workshop at Harvard Law School in Boston, MA.  This will likely be the final out of state seminar that either Attorney Nielsen or Attorney Bly will attend for 2009.

The value of a Law Firm dedicated to the defense of their clients through formal and self-education cannot be underestimated.  If you are reading this post because you have been charged with a crime, take a look at our qualifications and dedication to our chosen field of criminal defense.  Compare our qualifications with the next attorney you speak to about possible representation.  Ask him or her what their qualifications are as well as their specialized education.  I'm willing to bet that there is not a single attorney in Maine who undertakes the time and great expense of attending the nation's best educational seminars to give their client's an extra edge on their cases.  Sometimes it's the little things that make all the difference.

How the right attorney can make a difference in your case...

All of my clients want results.  That's what I'm being paid for.  Just as importantly, I'm being paid to advise my clients how to proceed in the case.  Not everyone emerges from the OUI process unscathed.  However, choosing the right attorney to represent you can make all the difference in to your case.

One of the first things you want to know about is your attorney's experience and educational background.  Has he/she ever tried a DWI/OUI/DUI?  What percentage of his practice is devoted to drunk driving defense?  Has she written any books or articles?  What CLE courses has she attended that focus on OUI work?  Does he have access to a network of expert witnesses to assist in the defense of the case?  These are important questions to ask and quite frankly, I rarely hear clients asking me or anyone else the tough questions.  

The question everyone seems to be predominately preoccupied with is "how much is this going to cost?"  That shouldn't be your primary concern, though cost does factor into the ultimate decision on who to hire.  A better question is "how much is this going to cost me if I lose?"  An OUI can exceed $15,000.00 in court costs, fines, insurance high risk pool costs, installation of IIDs (ignition interlock device) and other hidden costs that are completely unforeseeable.  These costs are in addition to the costs of retaining an attorney to represent you.

If you balance the cost of hiring the right attorney to fight your case and win against hiring the cheapest available attorney, the choice is obvious.  If all you do is save a $2,000.00 - $3,000.00 but in the end you lose... you pay much, much more and you've saved nothing and lost everything... including your job if you are a pilot or drive for a living.  My father had a saying that took me a lot of years and tough life lessons to understand and become ingrained in me: "don't be penny wise and pound foolish".  Retain the best.  You deserve it and your future depends on it.  Call the attorneys of NIELSEN & BLY now.

Refusing to submit to a test

Every driver in the state of Maine is required to submit to a chemical test of the officer's choosing.  If you refuse to submit to a test, the consequences are dire.  Take for example a very "vanilla" 1st offense OUI.  If the driver submits to a test and he fails, the worst administrative penalty he will face is a 90 day suspension of his driver's license for which he will be immediately eligible to apply for a work restricted license.  Now take that same "vanilla" OUI and change the facts slightly.  Instead of failing the test the driver refuses to submit to a test.  Now that same driver faces a 275 day administrative suspension of his driver's license as well as an additional 90 day suspension if convicted of the OUI in criminal court... and he will not be eligible for a work restricted license.  Big difference in potential penalties.  Think twice before you say no to the officer if you are considering refusing a chemical test.  

I'm writing a book...

I'm in the process of writing a book that I will make available online to anyone who has questions or concerns about the OUI process.  The title is The DUI Survival Guide: De-Mystifying the Process.   I hope to have this book available online by the end of April.  Stay tuned.

I have a high BAC. Why should I bother to hire an attorney?

This is a rather common question.  I get more than a few phone calls a week where the caller says he/she has a very high BAC (greater than .15%).  Within a few minutes, the caller will always ask me why he/she should even bother to hire an attorney since it's obvious he/she is guilty.  My response is "if you want to plead guilty, hang up the phone and save your money... you don't need me to do that."

In many cases, there is no way to know how strong or weak the evidence against you is until you are deep into the case and reviewing the evidence.  Many times, cases can turn on a single piece of evidence alone.  Sometimes, cases that appeared to be a lost cause early on turn into a solid winnable case based on some evidence obtained or suppressed in the case.  You just never know.

People hire me to fight.  When you have a case that appears hopeless, pick up the phone and call me.  While I can't guarantee you that you'll "beat the rap", I can guarantee you that I will leave no stone unturned and I will press every legal advantage to your benefit.  I guarantee that your case isn't nearly as hopeless as you think it is.

100% of the people who plead guilty are found guilty...

The percentages are much better for those who push their cases to trial.  The best offer you get might be the offer you get from the DA on the day your set to pick a jury for trial.  You won't know if you don't push the envelope.  People hire me because I fight.  Period.  They also hire me because I don't tell stories about sunshine and  butterflies.  I tell the truth.  That's what you need to hear when you are contemplating taking a deal vs. going to trial.  You need to be able to rely on my opinion regarding the strengths & weaknesses of your case so you can make an informed decision.

Not every case ends with smiles and joy.  Sometimes juries return verdicts of guilty.  It is the nature of this business that you will win some and you will lose some.  The name of the game is risk assessment.  IE, weighing the risk of turning away a deal or straight plea vs. trying the case.  Many factors come into play in this assessment process... the problems with the case... the potential penalties imposed after trial vs. the known penalty for pleading guilty to the State's best offer... the cost of trial, including the retention of an expert witness... there are many things to consider.  Before you make a decision about how to proceed, consider this truism... 100% of the people who plead guilty are found guilty.

I want the cheapest attorney and best representation

Sorry.  That statement is an oxymoron.  The two cannot co-exist.  If you are reading this post and "shopping around" for the cheapest attorney then stop reading... close out your browser... open the phone book... close your eyes... and randomly pick 3 attorneys to represent you on your OUI/DWI/DUI charge.  I guarantee that one of them is a dump truck lawyer.  What is a dump truck lawyer?  A dump truck lawyer takes your case for a seemingly "reasonable fee"... maybe $2000 or less.  They will tell you they know the prosecutor.  They will tell you they know how to negotiate a good deal.  They will tell you not to worry... and then they're going to do nothing with your case.  If you're lucky, they might read the police report but don't count on it.  Suddenly, docket call is tomorrow and you're set to meet with your Dump Truck Lawyer the next day.  You see him at court and he tells you how bad your case is... "you have a .13% BAC... you look bad on SFSTs and the cop says he saw 6 clues on HGN... there's nothing wrong with the Intoxilyzer (he really doesn't know b/c he doesn't understand how it actually works and never bothered to undertake the time and expense to get certified on the machine)... you look bad on video" and so on and so forth.  Then he tells you that he got you a NO JAIL OUI and how grateful you should be.  Great.  Thanks.  A lot.  He did about as good a job as you would have if you had just gone to your arraignment and pled yourself guilty.

I'm not a Dump Truck Lawyer.  I try cases.  I'm trying a .13% BAC in front of a jury next week.  I also don't charge $2,000 for OUIs... no matter how simple you might think the case really is... because in reality, no OUI ever ends up being simple.  If you want to know how much my fees are to handle an OUI then read this post real carefully... our fees at NIELSEN & BLY range from $3500 - $10,000 depending on the nature of the crime, number of charges, complexity of the case, novelty of the defense, likelihood of trial and finally, how much time I believe it will take to investigate, craft a defense and ultimately try the case.

If you're looking for a Dump Truck Lawyer, don't call me.  I'm not interested in pleading you guilty at arraignment.