Schwartz & Powell

Ventura DUI Defense Lawyers Face Special Prosecution Team

by Steven D. Powell Attorney at Law

DUI shot glass car keysVentura DUI defense lawyers at Schwartz & Powell and throughout the county now face a new special prosecution unit within the DA’s Office.  The State of California  recently approved a special DUI grant to the DA’s office of slightly under $400,000.00 to fund two drunk driving prosecutors, support staff and ancillary costs, such as training and other support.   

Traditionally, DUI defense lawyers face well-trained and talented drunk driving prosecutors.  The problem is the misdemeanor unit handles  drunk driving cases.  Although Ventura’s misdemeanor prosecutors are among the best in the  State,  as each one proves his competence he or she is rotated into  other units within the office as openings occur.  Consequently,  I have found my cases handed off from one prosecutor to another who then learn about my case and my defense when the previous prosecutor is promoted.

This promotional rotation requires Schwartz & Powell DUI defense to reeducate each newly assigned prosecutor and resubmit for authority to dismiss the case. This interferes with the efficiency of obtaining dismissals because the Ventura  criminal defense lawyer must not only demonstrate to the first prosecutor the propriety of dismissal, but must then also teach the subsequently assigned lawyer about the prosecution’s problems and hope he or she can then speak to the misdemeanor supervising attorney to obtain authority to dismiss our  clients’ defective  DUI  Ventura cases.  This makes the defense of DUI cases tracking toward dismissal or trial time intensive requiring a multitude of meetings and court appearances.

The DA’s office recently dismissed one of Schwartz & Powell’s DUI cases tracking toward dismissal or trial after I appeared at trial call every 60 days or so for more than two years just to discover the case had been reassigned.  We were all delighted the case was finally dismissed, especially our client, but two years is a long time for a client to suffer pending DUI charges.

I am hopeful this fresh money DUI grant will expedite dismissals of DUI cases as prosecutors learn more about bum rap DUI arrests and are empowered to prosecute the case from filing to dismissal or trial.  I hope these grant lawyers will understand the factors Schwartz & Powell’s DUI defense team understands affecting whether a case should be dismissed or taken to trial.  I hope these prosecutors will be experienced and will be allowed to remain in their spots long enough to handle their cases vertically—from arraignment to trial—so they can obtain authority quickly to dismiss DUI cases which should be dismissed or go to trial on cases that should go to trial.

If you or a loved one faces  DUI charges, you need the services of Ventura criminal defense lawyers with deep experience in DUI defense. Schwartz & Powell has defended DUI charges successfully for over thirty years.  So give us a call to make an appointment to discuss your case.  You will find what the State of California must have found when it decided to send the Ventura DA money to fund a special prosecution team:  in either the prosecution or defense of Driving Under the Influence cases, Experience Matters.


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