Broward DUI Lawyer Blog

A defendant recently came before a Fort Lauderdale judge requesting his 10 years' probation that he is currently serving be terminated. The probation was part of sentencing that stemmed from a fatal DUI accident in 1999. The judge denied his request, 7 News reports.

Many defendants who are charged with DUI manslaughter in Fort Lauderdale end up entering a plea because the evidence against them is overwhelming. Sometimes, though, it is a strategy that not only allows the family to avoid a trial full of gruesome details, photos and reminders, but also gets the defendant a good deal with reduced time.

An aggressive Fort Lauderdale DUI defense attorney can use years of experience and knowledge of the criminal justice system to help defendants get the best possible plea deal or trial defense strategy. While sometimes the evidence is overwhelming, there may be cases with "holes" that can be poked, potentially leading to better offers from prosecutors.

In this case, the defendant was convicted of killing a man in 1999 in a drunk-driving accident, the news station reports. He served two years in prison and was also sentenced to 10 years on probation.

After having served half of that time, he filed a motion to terminate probation early. This is a commonly filed motion by defendants who have had sparkling records of incarceration and probation and have done everything right. In order to reward them for serving their time as well as save the state money to get them off the probation rolls, it can be a win-win situation.

But, as in most DUI manslaughter or alcohol-related cases, the emotions were high inside the Broward County courthouse. A member of the victim's family had to be escorted out by deputies after yelling at the defendant.

The victim's family was there in full force, complaining about the fact that the defendant was simply using the rights he has to file a motion that he is legally allowed to file. They said he was putting them "through a nightmare all over again."

Sadly, sometimes judges allow that emotion from family members to sway their decision when assessing whether the defendant deserves a chance to prove himself or herself out in the world again.

Even with the defendant's family there in support, it wasn't enough as the judge denied the motion. The man will have to remain on probation.

These cases are tough and typically have family members on both sides in tears. But that doesn't mean defendants should get railroaded by the state and the system. They must have an advocate -- an experienced Fort Lauderdale DUI defense lawyer who will stand by their side to preserve their rights.

And that includes every stage of the proceeding, from before trial to after trial and all times in between. A defendant should be well-represented in all situations.