That question is one of the first and most fear-laden asked by someone arrested on a DUI charge. The attorneys and staff of the Law Offices of Mark L. Deniz, APLC are dedicated to quickly finding the right answer and to seeing that their DUI clients receive the best possible resolution.
"We use a dual-track approach of always working, fighting for a dismissal while at the same time trying to negotiate the best terms possible with the given facts for the client. The core focus of our office is 'work hard, be proactive, and find solutions,'" says founder Mark L. Deniz.
Everything begins with the proven strategy that "the better the chances of winning at trial, the better the offer from the prosecution is likely to be." The office works to find a way to favorably resolve a case. The office slogan, "Be Proactive and Find Solutions," is the guiding principle behind the firm's growth.
First, and most importantly, the team finds legitimate points of argument that weaken the prosecution's case. This consists of examining and scrutinizing the evidence and investigating the integrity of the investigation. The firm begins to obtain evidence even before the first court date. "The faster we get our hands on the evidence, the faster we can examine it," says Deniz.
Second, they gather information to help the prosecution and judge see their client as an individual. That's where their "put a face to the case" approach comes into play. The prosecution considers the character of the person and their actions to determine their stance on a case. "The better light we can place our client in, the better chance we have of getting a more favorable resolution," Deniz says.
Third, Deniz anticipates the flow of the case and sets a plan for the client to begin to show the prosecution and judge the client wants to make an impression to earn a more favorable resolution. "Clients have so much nervous energy. They are dying to help in any way they can. Getting started in a class or some other measure goes a long way in demonstrating to the judge and court of their character. The combination of all these parts produces solid results," says Deniz.
case at the firm is handled according to a carefully structured plan, but it can be changed as the case develops. One case may be built on the science of blood alcohol levels while another case may be based on other facts where the blood alcohol level is of no issue. You want to be fluid and not be a one-trick pony," Deniz says.
The staff makes a priority of helping navigate each client through the process and keeping them updated. When a case is opened, the attorneys set up dates and times to reach out to let them know where they are in the process and to answer questions.
"I really try walking in our clients' shoes to anticipate their questions and concerns. For example, it normally takes three to four weeks to obtain police reports on a DUI case. The time between retaining our firm and receiving the reports is often quite stressful for the client. Early on, we reach out to the client and let them know it is natural to feel a tad anxious. We let them know that even though there may be some radio silence in their case, it is actively being worked on," explains Deniz. "At that point, we usually begin crafting a proactive plan. Utilizing this strategy really builds trust with the client and lets them know we care and are fighting for them. That trust allows the defense case to move smoothly and with direction," says Deniz.
DUI penalties have gotten stiffer in the last several years. The key to working effectively for Deniz and his team is to quickly identify issues within the case and implement a plan. Deniz's nearly ten years as a prosecutor, the last two of which was handling high-profile San Diego DUI cases, provides a basis for valuable information from the prosecution and defense perspectives.
Deniz says that while working for the San Diego City Attorneys Office, he worked with some of the finest DUI prosecutors in the state. "The San Diego City Attorneys office takes pride in being tough on DUIs. They are now very formidable counterparts, who force the defense to work that much harder to find weaknesses in their cases. It was a great experience for me because there are so many layers in DUI cases. Once you open the hood of a case you will usually be able to find issues that require examination. In the end, DUI cases are made up of humans and machines, both of which make mistakes. The blend of science and everyday human actions is fascinating. There are many issues to delve into. If you love strategy, this is a great type of case for you," Deniz says.
As a former prosecutor, Deniz works to anticipate the next move. He says, "I love strategy. I was a college football player and later a coach and teacher. I thought my career was going to be in coaching. Having been a prosecutor in multiple agencies, I gained valuable experience. First, I learned how to prove a case. Second, the arguments that the defense needed to make to get a favorable resolution for their clients. Knowing how the prosecution will respond to evidence or arguments is key in the process. That experience is second to none," he explains.
A recent case illustrates the firm's approach. Client KP was charged with DUI with a refusal. As standard practice, the DMV suspends a driver's license for one year with no chance of obtaining a restricted license if they make a finding that there was a refusal. KP had a commercial license and a suspension would cost him his job. The firm started immediately with subpoenas for the police reports and videos, and for the officer's testimony at the hearing.
The charges were eventually dismissed, but then the firm and the client faced several DMV hearings over the issue of refusal. There were several witnesses over the course of multiple hearings. A few weeks after the hearings they learned that their client's license was suspended for a year. KP lost his job and he lacked the funds to continue the case. Deniz waived his legal fees and recommended appealing the decision, which the client agreed to pursue. Three weeks later, the DMV reversed itself and the suspension was set aside. "There was so much ebb and flow of emotions with this case. We had to stay true to our plan. It was so awesome to help him get past this situation," Deniz says.
Both are former college athletes and coaches. She is a three-time Olympian and gold medalist, a former ESPN analyst, and is in the UCLA Athletics Hall of Fame. They are natural sports fans. The couple has two boys, Chase, age ten, and Dylan age three.
They enjoy exploring San Diego County, whether hiking a new trail, the tide pools or just strolling through Balboa Park. "Our life is one continuous E-ticket ride," he says. "It seems like it is non-stop. Keeping that work-life balance is a strategy all in itself I am trying to perfect," says Deniz.