Editor's Corner, 0321 ALBJ, Vol. 82 No. 2 Pg. 98 (March, 2021)

AuthorW. Gregory Ward
PositionVol. 82 2 Pg. 98


No. Vol. 82 No. 2 Pg. 98

Alabama Bar Lawyer

March, 2021

W. Gregory Ward

The DUI Edition

I've known Kearney Dee Hutslerfor more than 35 years. He is a new member of the editorial board, and when we were looking for someone to help put together the DUI edition, we turned to him. Dee, you did a great job.

We begin with Dan Wainscott's article, "Driving Under the Influence-An Overview." When I talk to lawyers about our content, one of the things I hear is how many of you enjoy articles that point young lawyers or new practitioners in a field in the right direction. This is one of those articles. It points out the statute you should begin with, looks to a case examines some important elements, and then it gives practical pointers. Reading this would be time well spent (page 106).

We have two articles from Dan this edition. His second is "Practical Tips in DUI Cases." This pivots perfectly between an overview and what to do once the client walks in the door, tells you he's been arrested and charged with a DUI, and asks for your help. What do you need to ask? Dan gets you started. One of the things I liked best about the article was the frankness in pointing out that different jurisdictions handle these cases differently, including that pretrial diversion programs are anything but uniform. Dan talks about expert witnesses, the special rules that apply to clients who hold a commercial driver's license (CDL), the all-important scientific tests, and how to think about a preliminary hearing. Good stuff throughout (page 110).

I don't know the statistic, but I expect the majority of DUI cases end with some sort of plea. George Flowers helps you navigate those waters with "Avoid Conviction Through Settlement-The Rise of Deferred Prosecution."This article also warns you to be understand that not every jurisdiction is uniform in either its pretrial diversion requirements, or in the way their pretrial diversion programs are handled. He also tells you just how much your client gives up when he agrees to pretrial diversion. Did you know that a person holding a CDL is...

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