Criminal Defense in Orange County

DUI Case of the Month

The Law Office of Barney B. Gibbs is proud to announce that we will now be issuing a case of the month. These are real cases that the firm handles and expounded upon by Mr. Gibbs. If you have been arrested for a DUI, the firm's case of the month can serve to be a great resource to you.


Barney Gibbs was able to get a DUI reduced to a simple "drunk in public" when a jury hung 10-2 for innocent after trial. The client was very appreciative.

Trials can end one of three ways: guilty, not guilty or hung jury. If the result of a trial is hung jury, a mistrial is declared and the prosecutor has the option of trying the case again.

In determining whether a case is going to be retried, a prosecutor will often look at the guilty/innocent split. If a case is hung at 11-1 for guilty, many prosecutors will retry the case because only one person voted for innocence. Some prosecutors see this as an aberration. However, when the number of people voting for innocence exceeds those voting for guilty, there is real evidence to show that maybe no matter how many times the case is tried, there may never be a guilty verdict.

The benefit of having a "drunk in public" on your record, as opposed to a DUI, is obvious. First, this does not adversely affect your driver license. Second, the penalties are less. Third, it cannot be used against you as a prior conviction. Fourth, it won't affect your auto insurance.

DUI cases are some of the most complicated criminal cases to try. Most attorneys do not do a good job with them. Most attorneys would rather try any case other than a DUI. Knowledge of the law as well as of the unique aspects of a DUI case is a necessity. Most attorneys make a living out of pleading DUI defendants guilty because they know they cannot win them at trial.

This firm frequently handles DUI cases just like the one you have just read about. As you can see, real experience equates with real results. Contact The Law Office of Barney B. Gibbs if you or a loved one has been arrested for driving under the influence. Put 30 years of experience and knowledge to work for you!