What you need to know

D CEO magazine cover image
John Gioffredi
As seen in D Magazine logoCEO Magazine.
Named as one of the best PERSONAL lawyers in Dallas.

Why Hire
Gioffredi & Associates

  1. Proven DWI Track Record
  2. 22 years of DWI Experience
  3. Leader in DWI Defense
  4. It's not a job, It's my Passion!
  5. Creativity in case defense
  6. Probation is not acceptable
  7. True Plea Bargaining
  8. I can't stand to loose
  9. We do more for less
  10. I even take cases that other lawyers won't!

Contact us

4131 N. Central Expwy.
Suite 680
Dallas, Texas 75204-2171

Telephone: 214-739-4515
Fax: 214.739.3234
Email: info@gioffredi.com

Any DWI is potentially winnable: even yours!

No matter how dismal your facts are, there is always a chance that you can win your case.  The most important factors are:

If you look good on the video, you should have decent shot at a not guilty.  You don’t have to look perfect, as long as you don’t appear obviously drunk.  The better you look, of course, the better your chances.

Under some circumstances, your DWI may be dismissed by a Motion to Suppress.  A Motion to Suppress is a challenge to the legality of the officer’s actions in stopping you.  Some particularly fertile grounds for a motion to suppress include stops for “weaving,” or failure to maintain a single lane, cracked tail light lenses, and following another vehicle too close.

BrethalyzerNot all blood and breath tests will harm your case.  In fact, breath and blood test scores under 0.12 are sometimes better than no test at all.  Very high breath and blood test scores, like 0.24 and above, can also be turned into an advantage, especially if you look particularly good on the video tape.  If a blood test was taken without your consent, the results might be thrown out by the judge or a jury.  And there are a few other ways that breath and blood test results may be kept out of court.  With breath tests, the results will probably be withheld if you are not on video with the breath test operator for a full 15 minutes prior to your first breath sample.

Who saw you driving?  To convict you, the prosecution must prove the “D” of DWI.  They must prove that you were driving before they can convict you of DWI.  If the officer didn’t see you driving, you have a chance of an acquittal because the prosecution may have no way to put you behind the wheel.  This happens frequently when there has been a one car accident.  The prosecution must have independent proof that you were driving.  Your admission of driving, even on videotape, is not enough to convict you!

Night AccidentAccidents may help you in a variety of ways.  First of all, they may not be able to put you behind the wheel, as is mentioned above.  Secondly, even minor blows to the head can cause symptoms that are nearly identical to intoxication.  Slurred speech, unsteady balance, disorientation, and confusion may accompany either intoxication or head injury.  The prosecution must prove the symptoms were caused by intoxication, and it’s not always possible.

 

The right lawyer can make a huge difference. Do your research.

Do not let any lawyer intimidate you into hiring them before you have had a chance to make an informed decision.  It is much more important to find the RIGHT lawyer than it is to simply find a lawyer fast.  I’d recommend speaking to at least three lawyers to see what each has to offer.  I’d also recommend speaking to at least one or two lawyers who are interested in fighting and winning your case.  I’d recommend avoiding any attorney who doesn’t discuss at least a few different ways of fighting and winning your case.

Generally, the courts will give you a month or two to find an attorney, even if they have to postpone your case a couple of times.  This is not uncommon, nor is it generally detrimental to your case.  An exception exists if you have been in an accident.  In that case, there may be physical evidence which can disappear if you don’t act quickly.  You will want to take several photographs of the cars involved, the location of the accident, skid marks, debris in the road, etc., and a lawyer can assist you in doing that.

Here are five questions that you should ask any lawyer who you are considering hiring. 

  1. How many DWI not guilty jury verdicts have you won for your clients?
    Gioffredi and Associates - Over 80. 
  2. How many outright DWI dismissals have you gotten for your clients? 
    Gioffredi and Associates - Over a hundred.
  3. How many DWIs have you gotten dismissed by motions to suppress?
    Gioffredi and Associates - More than 60.
  4. How often have you turned down an obstruction plea bargain and went to trial?
    Gioffredi and Associates - 9 times.  We won 7 of those trials.   (Nobody’s perfect.)
  5. What are the best DWI jury punishments you’ve gotten for your clients?
    Gioffredi and Associates - $0 fine and 0 days in jail on a handful of occasions.  The law has been changed now and the state minimum is $0 fine and 72 hours in jail.  I’ve gotten several of those sentences, too.

Make sure the ALR hearing is requested within 15 days of the arrest

You have 15 days from the date of the arrest to request a hearing on the driver’s license suspension.  If you fail to request a hearing within the 15 days, the suspension is automatic.  The hearing is called an “ALR” hearing.  That’s short for Administrative License Revocation hearing, and requesting one is very important to you.

There are at least four advantages to requesting an ALR hearing: 1) it always delays your license suspension for several months, 2) it may prevent your license from being suspended, 3) it allows your lawyer to get written copies of the officer’s reports through the ALR discovery process, 4) done properly, it can limit the officer from adding additional facts at trial.

John Gioffredi was phenomenal and I would highly recommend him to anyone looking for legal representation! I went to several different lawyers looking for someone to handle my DWI case. Other lawyers were exorbitantly priced, rude, condescending, and vague about their expectations for my case.

I first called John's office on referral from a friend. His office said he was in trial, but promptly provided me with his cell phone number to reach him. John was able to meet with me the next afternoon and spent more than an hour and a half with me discussing the specifics of my case and the options available to me. He is clearly very experienced and was very patient explaining everything. John was a breath of fresh air after other lawyers had been impossible to get a hold of and shoved me out their door as soon as possible. Given his expertise I expected exorbitantly high fees, but his price was more than fair with no hidden or additional costs!

John was very dedicated in resolving my case and came out with an outstanding "not guilty" verdict. John always had a respectful demeanor in court and was easy going on a personal level. He made a brutal process much more bearable. Conversely, I've spoken with several other people who needed legal representation at one time or another and have not yet met one person who was satisfied with their lawyer. Most have terrible horror stories about their experiences and paid thousands of dollars for their disappointment. Don't make the same mistake they did and just settle for any lawyer!

Even the people in John's office were outstanding. They helped me out with a few unreasonable requests and were always kind and patient. Every time I called they knew me by name and were familiar with my case.

I've since referred John to my close friends who required legal representation. I have other friends who have used his services in the past and all speak very highly of him. I'm convinced that you simply cannot find more experienced, more knowledgeable, more fair and more dedicated representation in Dallas!