Total DUI

Blogs, local newspapers, and people in line at grocery stores across the country are repeating the same words--or versions of them.  "How can she deny it?"  It's a question that arises every time a high-profile actress or musician or sports figure gets arrested for DUI and then enters a not guilty plea.  It's a question that's often asked with a lot of passion and indignance.  But it's also a question that betrays a serious misunderstanding about the workings of our criminal justice system.

When a person is charged with a crime, that person is required to "enter a plea".  Although there are some minor variations and alternatives in some states, the basic options are "guilty" and "not guilty".  Remember, the defendant has to make that call early in the process, sometimes even before he or she has consulted an attorney.  In some states, if the defendant hasn't had the opportunity to consult with an attorney, the judge automatically enters a not guilty plea for him.

That's because when a guilty plea is entered, it puts an end to some very important options.  It relieves the state of the obligation to present evidence and prove its case.  It also removes any incentive for the state to negotiate for a more favorable sentence.

Many defendants who enter initial not guilty pleas ultimately plead guilty, after consulting with an attorney and working out a plea agreement with the prosecuting attorney.  But entering a guilty plea right off the bat would foreclose that process.  If a defendant pleads not guilty, she can later change her plea to guilty, but it's very difficult and sometimes impossible to change a guilty plea to not guilty. 

So what does an initial not guilty plea mean in a criminal case?  Here are just a few possibilities:

• I didn't do it
• I did it, but I don't think you can prove it, so I'm going to go to trial
• I don't even know whether or not what I did meets the statutory elements of the crime (in short, I don't know whether or not I'm guilty under the law)
• I'd like time to talk to an attorney about my options before I make a decision
  
• My attorney needs time to talk to investigate the evidence against me and advise me on how to proceed
• My attorney needs time to talk with the prosecuting attorney and try to arrange a plea agreement

The bottom line is that a not guilty plea is often no more than a means of keeping options open until more information can be gathered, an attorney can get involved and conduct some investigation, or plea negotiations are completed.  In fact, the prosecuting attorney is often right on board with the defendant entering a not guilty plea at that stage so that both sides have more time to consider and. negotiate.

A breathylizer test cannot be administered until at least 30 minutes has passed where the officer observes the accused to make sure they do not eat, drink, throw up, burb, hiccup, etc in that timespan. Paris blew an .08 at that time on an empty stomach. That means when she was driving, a half hour prior, her blood alcohol level was below that level. Anything below .08 is below the unlawful limit for driving under the influence of .08% BAL or above.
Any attorney that does not offer Paris that simple defense if incompetent.
Paris is not guilty and it is an easy case to prove.

OF COURSE PARIS IS BEING TREATED UNFAIRLY,AFTER ALL NOBODY ELSE WOULD BE GIVEN AS MANY CHANCES AS SHE'S BEEN GIVEN.