DUI — Risk Trial or Plea Out — John Michael Montgomery

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Read the article here from the Lexington Hearld-Leader. According to his attorney, John Michael Montgomery wanted to take his case to trial but was too worried about the bad publicity to do it.

While this is not a Georgia DUI case, it again illustrates the unique pressures that are put on people when they face a DUI charge. It seems that the public is less likely to give the defendant the presumption of innocence in a DUI case. In addition to that hurdle, the defendant usually gets pressure from the prosecution and Judge to enter a plea by recommending much more jail time after trial.

In fact, today, I went to court to enter a guilty plea on a DUI with one of my clients. I recommended that they go to trial. However, my client was too scared of the 10 days that this Judge routinely gives after a conviction at trial. The client pled “Guilty” and was released on probation.


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