Posts Tagged ‘dui’

Looking For A Good Attorney Can Be A Challenge

May 8th, 2010

I always thought that trying to find a lawyer would be an easy task. Boy was I wrong. Now let’s face it, I’m not out in “no mans land”, but still it was not easy. Here are some tips and tricks you might use in locating an attorney.

It seems like yesterday when I was trying to retain my first attorney, and I decided to utilize the reliable old “phone book”. I opened the phone book up to “counselors of law”, and found about five pages of names, corporate firms, legal and semi-legal practices and there were some paralegals listed as well. What a job this turned out to be, as I reached out to a few of the locations, and most of them wanted or better yet demanded, a significant binder.

They had to be kidding I initially thought. I mean I hadn’t even spoken with an attorney as of yet and all they wanted was my money. I thought that maybe this good old “yellow pages” strategy wasn’t as great as it was hyped up to be. I will start asking around was my next strategy, but this was also difficult.

My next decided course of action was to discuss my dilemma with some friends. I put everything into perspective, and realized that this was only a simple closing deal, so it was not as if I was uncovering some juicy gossip. Well my luck got better as they all knew “somebody” that was associated with a professional law firm in the immediate area. Better yet was the fact they they were able to steer me to somebody who specialized in real estate.

I realized afterward what a great move that was. It not only kept me and the family from having to visit each and every legal firm in close proximity in order to locate the “greatest lawyer”, but it made us feel better knowing that the recommendation came fro a bunch of friends that we had known for years and trusted at the same time. This really did turn out to be a time saver for us.

So probably the best advice I could give you right now in regards to searching for an attorney would be to ask around. Don’t be shy, just be straight forward and ask someone whom you trust their advice on who the “best attorney” might be. You might be glad you did.

.Again, we hope that you have success in finding a good attorney. If you attempt some of these tips, you should have much success.

Getting the right legal help can be quite time consuming. Visit us today for some great tips at finding a lawyer at: LONG ISLAND LAWYERS If you need additional FREE advice please visit us at: LONG ISLAND LAW FIRMS

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When Is A Motorist Deemed Intoxicated?

May 6th, 2010

When is a driver of a car thought to be unlawfully intoxicated?

Though state impaired driving laws and regulations are different, you are considered to be legally inebriated with a blood alcohol content (BAC) of .08% or higher. Drinking alcohol affects everyone in different ways, but numerous people could be regarded as legally inebriated after just ingesting a couple of drinks. Typically, a 185 lb male could possibly be over the BAC legal amount after consuming 3 or 4 drinks, while a 125 lb woman could well be deemed legally intoxicated after only 2 or 3 drinks. For men and women who rarely consume alcohol, even one beer might possibly lead to intoxication bringing about a DWI.

Not surprisingly, how quickly the alcohol is ingested, whether or not the person drank on an empty stomach, whether or not other medication is being ingested, how frequently the person drinks, and other components greatly affect how the body processes alcohol and therefore the blood-to-alcohol content ratio for that particular person.

What takes place when someone is arrested for DUI?

Being arrested for a DUI is a scenario the majority of us try to avoid. In connection with being arrested on charges of impaired driving, you’ll likely be searched by the police, your vehicle will get towed and you’ll be transferred to jail where you’ll be “booked.” You might be placed in a “drunk tank” with other alcohol or drug impaired arrestees. In spite of being under the influence of alcohol, try to be as polite and peaceful as possible. You may manage to get out of jail within a few hours of your arrest, possibly by posting bail.

If not, then you can ask the court to discharge you at your first hearing. Telephone legal counsel right away or ask a friend or family members assistance to do so. The legal professional can guide you through the legal process, as well as support you with any connected DMV hearings which may be required. You’ll not only need to deal with the criminal fees and penalties, but also with revocation of your driver’s license and perhaps civil lawsuits if any individual was seriously injured due to your drunk driving.

A San Jose DUI attorney can guide you through the court process, as well as help you with any associated hearings which may become necessary. Talk with a local California San Jose DUI lawyer near you today.

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A Short Story On A DWI Arrest And The Consequences

April 30th, 2010

He had attended a soiree with his company and had too many drinks. As soon as it was time to depart from the gathering, he knew that he had drank a good deal of alcoholic beverages but he was convinced that the short travel home would be no problem. Consequently, instead of calling a cab, he got in the driver’s seat and started his drive. Like almost all individuals who drink and drive, his faculties were impaired and in just a few moments, he had drove into a parked car. On the plus side, no one was in the vehicle when it occurred, yet the consequences and the destruction to his life were permanent.

The Consequences of a Driving Under The Influence Charge

When the authorities came up on him his blood alcohol level was 0.2, way over the legal limit of .08 and so after being arrested, and admitting his responsibility, he was soon sentenced for his transgression, only to see that things were destined to be much more serious than he expected. Not only did he have to serve weekend time for his DUI conviction, but also in addition, his occupation was at risk and his driver’s license was suspended for a year.

A Mistake in Judgment

Despite the fact that the young man above was essentially an responsible citizen, he just like so many individuals who drink and drive, basically didn’t understand how hazardous it can be. Now, he was facing the humiliation of acquiring a record and losing his job as well as his driver’s license, all because he exercised poor decision-making when getting in the driver’s seat of his car just after drinking. Every day, this similar type of incident transpires with thousands of individuals who without contemplating put their lives and the lives of others in peril. Not only can life develop into a mess when drinking and driving, but also the psychological, physical and financial ruin because of one encounter of driving under the influence is shocking. A Driving under the influence not only has an effect on the life of the person who was drinking and driving, but it has repercussions that affect the lives of all the individuals who rely on the person who committed the Driving under the influence. Aside from the threat of jail time, loss of a license and oftentimes all driving privileges, other consequences include a massive increase in insurance if not cancellation, huge fees, the potential loss of a job and the humiliation of a criminal record.

The Price of Driving While Drunk

Regardless of how much you may imagine that having one or two beverages before driving is ok, if you have a crash and are charged with a Driving under the influence, the consequences will be very significant. The dangers are far too great and the damage you can do to your life is simply not worth it. A DWI conviction may vanish after a few years, but a Driving under the influence criminal record can stay on your record forever. If you plan on drinking, be sure to give your keys to someone before you even start.

If you have been arrested for a DWI, get this Free San Antonio DWI Lawyer Guide. It will provide additional information about San Antonio DWI’s to be aware of.

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DUI Tom’s River New Jersey

April 30th, 2010

You will find two tactics for the courts to prosecute people for DUI in NJ. The first is to establish they were Driving under the influence (driving under the influence) or Drunk driving (driving while intoxicated) by seeing driving behaviour and a subsequent field sobriety test. Another is by conducting an alcohol breath test and verifying that the individual is over the state’s legal limit. If you or people you care about was charged with driving while intoxicated, you need to find a good Tom’s River, New Jersey DWI lawyer to guide you through the maze that is Tom’s River driving while intoxicated law.

Being a jack of all trades can be good, especially in something like home remodeling. But in the Drunk driving defense business, the best ones practice Driving under the influence law, day in and day out. The drunk driving laws are tough in this state and you need an individual who’s a professional in this area, specifically.

Getting arrested for DWI in NJ is a serious problem. The laws are serious and the penalties are serious. Mandatory suspension of the driver’s license may result from a conviction.

First offenders, testing between 0.08-0.10 blood alcohol level, may get mandatory jail time for at least 12 hours and not more than 48 hours. There can be fines and other penalties. It becomes part of the public record. It can be very embarrassing. 2nd offenders get stiffer penalties. Third time offenders may get a mandatory 180 day jail stay, plus increased monetary penalties.

A suspect refusing to allow administration of the breath or blood tests may have to face that refusal when it’s admitted as evidence in court. Your driver’s license could be gone for a long time if you refuse to submit.

The main point here is that Driving under the influence expenses are serious. You don’t hope to face them all on your own. In order to best defend your rights and independence, you should discuss your options with a law firm who has a focused practice on Driving under the influence and Driving while intoxicated defense. Ultimately, this is your best bet to obtain the best result for the particular circumstances of your driving under the influence legal problem.

Choosing the right criminal defense attorney is a complex decision that should not be taken lightly. You should talk to your prospective attorney about his/her experience handling criminal defense charges, like yours, in your area.

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Techniques To Help Fight Traffic Tickets

April 14th, 2010

Traffic tickets can stick with you for a while. Some states will keep this violation on your record for 2 or 3 years. You will also face higher insurance premiums, once you have paid the expensive fee that often accompanies a violation. If you feel that you were unjustly served a violation, there are a number of techniques you can use in court in order to prevent this violation from sticking to your record.

Typically, a violation is given due to the subjective judgment of a police office. Challenge this view, but make sure to use facts to back up your argument to make it reasonable. When you only depend on your word versus the officer’s word, the judge will most likely side with the officer. For instance, challenge where the officer was located, and how this may have hindered his viewpoint of what actually happened.

There are practical steps you can take to create doubt in a judge’s mind. Remember; do not only rely on your words and your version of the story. Gather real information and facts to build your case.

Example of case building can be the gathering of eyewitness statements. Take statements from bystanders or the passenger in the car, who may be willing to testify on your behalf. Present a simple and easy to understand diagram of the location of the incident. This may be particularly helpful if you are disputing an incident that involves an intersection. Consult assistance with a professional criminal lawyer if you feel unprepared for your trial.

Present pictures of road signs or conditions that may have provoked your driving. These pictures can be used to show unclear road signs, such as a stop sign covered by a tree, etc. You can also use this strategy to show that the officer may not have had a clear vantage point of what supposed driving violation you committed, from where the police car was parked.

Prove to the judge that you made an honest, unintentional mistake. This may happen if you failed to stop at a pedestrian stop because the strips were faded. You may have missed a stop sign that has just been placed. With this strategy you are building a case that you could not have known what action was required of you, since the conditions were so unclear.

Sometimes you may have had to actually do what you are being violated for. In this case, you may seek legal justification. For instance, you may have been driving slowly in the left lane because you were preparing for a legal left turn. You may have switched lanes without using a signal because a car was closing in on you quickly, and you were afraid of being part of an accident.

It may seem that fighting traffic tickets are a lost cause, but not fighting them may become a burden to your wallet. You will have to pay the fee that is associated with the violation. Then, you can also expect to pay higher premium rates on your automobile insurance. In addition, you can also expect demerit points placed on your license. Depending on your state these points may stay on your license anywhere from 2-3 years.

As the leading professional legal services across the province, our team of DUI lawyer Toronto will assist you with any traffic tickets. We specialize in representing drunk and driving Toronto clients charged with traffic offences, as well as compliance management services for the trucking industry.

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How to Beat a Colorado Drunk Driving Charge

March 13th, 2010

If you have been issued a ticket for drunk driving in Colorado, either for a DUI (driving under the influence), or for a DWAI (driving while ability impaired), you need to be aware that based on the facts of your case there may be a way to improve you chances in court, or even beat the case entirely.

First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.

In some cases, it is possible to have a chemical test rules inadmissable by the Court for legal reasons. If the test is thrown out, the prosecutor is left with a big hole in his evidence, and in the case against you. Breathalyzer tests have a strict set of operation rules, and the results of the test may be held to be invalid if the procedures are not followed correctly. The results may also be thrown out if it can be proven that the Breathalyzer was not maintained properly or operated correctly during your chemical test.

The procedures for blood testing also must be followed to obtain a legal test. You will always want to retest the second blood sample as well. Sometimes the retest result comes in under the legal limit or varies so much from the original test that the original test is deemed invalid.

Lack of jurisdiction is another way to beat your DUI case. Jurisdiction means the geographic area a police officer is allowed to patrol and conduct police activities. You should always check to verify that the police officer who ticketed you had jurisdiction where you were contacted. If he lacked jurisdiction, you may be able to beat your DUI.

Even in our high tech world of advanced communications, there are still certain hearings where police officers need to be physically present to give their testimony. And in some cases, no cop equals no DUI. Yeah, its a strange technicality, but this strategy may be appropriate for your case.

Now, how do you exploit these strategies? Hire a good, local DUI attorney. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who practices exclusively in the geographical area where you got your ticket. A local attorney knows the judges, prosecutors, juries, and, most importantly, the little tricks specific to that city to get you the best result possible.

Don’t hire a lawyer who makes promises or guarantees. An attorney that makes guarantees about results is just trying to get your money by telling you what you want to hear when he has no way of knowing what will happen to your case without first looking at all the police reports, the chemical test reports, negotiating with the prosecutor, etc.

And finally, if you can’t afford to hire a lawyer, apply for the representation of the public defender. Don’t try and represent yourself, as you will have a fool for a client.

Have you been charged witha crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for you rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.

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If You’re Stopped for Drunk Driving…

March 11th, 2010

Most people have been stopped by law enforcement at one time or another for a traffic violation. Whether the stop is for something as simple as a burned out headlight, or you didn’t come to a complete stop, we all know that feeling when we see the flashing lights in our rear-view mirror. Imagine how much worse that feeling is when you have had a little too much to drink. Every day I meet with people who have been charged with traffic violations and drunk driving offenses. As I explain to a client their rights, one of the comments I hear most is, I wish I had known that when I was stopped.

Many people are under-educated about their rights, or even misinformed about the law and what decisions they should make when they are stopped for a traffic offense. Many people think they should just do whatever the police officer tells them to do because they don’t have any other options. Below is a basic list of things to keep in mind when you are stopped for drunk driving or driving under the influence of drugs. Laws will vary from state to state, and the following list is Colorado specific. Please check with a local attorney about the laws in your state.

1. You have the right to remain silent. You don’t need to answer any questions the police ask you about where you were going, why they stopped you, or how much you have had to drink. Even from their very first contact, the police are trying to build a case against you. Always be polite with the officer, but do not make any statements about what happened, how much you have had to drink, or any other violation they are investigating.

After you provide the officer your license, insurance and registration, your best advice is to keep your mouth shut. When the officer stops you he is looking for any clue that you may be under the influence of drugs or alcohol. Even if you answer innocuous questions, the officer is looking for clues when you talk such as the smell of alcohol on your breath, or slow/slurred speech.

One of the officers first questions is almost always, How much have you had to drink tonight? A couple of the most common answers to this question are, two beers, or, I had a couple with dinner. Many people incorrectly believe that if they minimize their use it wont look as bad, but by admitting to alcohol use you are helping law enforcement build a case against you.

2. Do not take any roadside sobriety tests. Roadside tests are voluntary. These tests are used to help the officer determine if you are under the influence and can also be used at trial and at the Department of Revenue/Motor Vehicle hearing against you. Do not provide the police with any additional evidence that can bolster their case. These tests often include eye tests, walk and turn, one leg stand, alphabet or counting tests.

This includes any preliminary breath tests (PBT) at the scene of the traffic stop. The results of the PBT are not admissible in Court in Colorado because they are so inaccurate. However, the police use these tests to confirm their suspicion that you are under the influence, and to build their case against you for further tests that are admissible in Court.

3. If you do not take the mandatory chemical test, you could face a license suspension. In Colorado, if you do not take the mandatory chemical test of your breath or blood as is required under express consent laws, you will lose your license for a year in addition to any other license suspension imposed. The mandatory chemical tests include a blood test, a breath test or urinalysis. The mandatory breath test is different from the PBT, and is typically done on a large machine at the police station after an observation period is completed under strict regulations. If you don’t know if a test is required under the law, ask the officer. In many cases you would be best advised to submit to a chemical test of your blood. In Colorado, a second sample will be taken of your blood. This second sample is available to you to be tested at an independent lab. In many cases this second result can come back lower, or so different from the first test as to cast doubt onto the result of either test. These results can be used to your advantage in plea negotiations and at trial.

If you refuse chemical testing you can still be charged with a DUI. Many people believe that if they don’t submit to a test, then the government will not be able to pursue a case against you for drunk driving. Prosecutors may still use all other evidence they obtained against you such as bad driving, smell of alcohol, visual clues of intoxication, roadsides tests, and even the fact that you refused the test can be used against you in Court.

4. You have a limited time to request a Department of Motor Vehicles/Department of Revenue hearing. If you are above the legal limit of a .08 BAC in Colorado there are two proceedings will begin against you, 1) the criminal process, and 2) the DMV/DOR process. Although the criminal process can carry hefty penalties such as fines, jail, community service, and alcohol classes, the DMV only has the power to suspend or revoke your driving privileges. You may say, Only? My ability to drive is a huge deal. That is why it is so important to request a DMV hearing before the time runs and the suspension automatically goes into effect.

In the state of Colorado, you have seven days from the date of the results of the breath test to request a hearing or your license will automatically be revoked. For a blood test, the procedure is a little different. Whereas the results of a breath test are immediate it often takes a few weeks for blood results to come back from the lab. If you were above a .08 the police will forward your results to the DMV, and you will receive a notice via mail. This letter will have all instructions on how to request a hearing and a deadline by which the hearing must be requested. Whether you chose a breath test or blood test, you should request a hearing as soon as possible so you can explore all legal and factual defenses at the DMV/DOR hearing to protect your driving privileges.

When you request the hearing you will receive a temporary license that is valid until the date of the hearing. Remember, if you don’t request the hearing you will automatically lose your license. In many situations there is a legal or factual defense that can save your license if the proper arguments are presented at the hearing.

5. Hire an experienced Drunk Driving lawyer as soon as possible. A drunk driving case presents many highly complex legal and procedural issues. A plea or a conviction to a drunk driving charge can have lasting implications on your life, your license, and your freedom. It can also have many unforeseen consequences as well. An experienced drunk driving defense attorney will advise you at all stages of your case of potential pitfalls and other issues as they may arise in your case.

A DUI lawyer will review your case for all legal and factual deficiencies in the governments case against you to help you present your best defense. The old saying that only a fool represents himself could not be more true. The earlier you hire an attorney, the better, so as to avoid making any costly mistakes early in the case.

Mr.ua McDowell is a Colorado Springs DUI Attorney practicing all criminal matters including, DUI defense, drug charges, felonies, and misdemeanors. Colorado DUI laws are complicated and is a criminal field that requires a very specialized knowledge of the law and it’s application to a criminal charge.

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Seattle DUI Attorney Explains How To Fight For License After DOL Suspension

March 5th, 2010

We all understand the theory of DUI. If you get too hammered it makes it really hard to safely operate a vehicle. Because most states are against DUI, they’ve made finding out if you are DUI a little easier. This is called the implied consent law. The basics of implied consent are that if you drive a car, you are agreeing to a breath test if a cop asks you. If your test results are .08 or higher, your driver’s license is suspended by the DOL.

But you have a chance to fight it. If you appeal the ruling within 20 days of the date of the test you get the opportunity to contest the license suspension and retain your driving privileges. You can attack the suspension on one of four grounds.

First, that the cop didn’t have probable cause to stop you. To pull you over, the cop can’t just have a hunch that you are drunk. There has to be a valid reason. Most of the time the cop witnesses a traffic infraction. These can range from a broken headlight to improper lane change to speeding. But if they don’t pull you over for a valid reason, nothing that is discovered after that can be accepted as evidence.

Next, assuming the cop stops you for a traffic infraction, he’s got get enough evidence to form a basis to proceed to a full blown DUI investigation. Much of the time this is slurred speech, droopy, watery eyes, etc., etc. They are all the things you know the cops say they see when they pull someone over. If there isn’t enough there, though, then they can’t investigate for DUI, and, you guessed it, you win.

Third, that the implied consent warnings were given incorrectly. To give you a breath test you must be given a set of warnings and instructions so you understand what you are doing and the consequences of your actions. If you are given these improperly, the breath test is no good, and you keep your license.

If you make it to actually taking the breath test, the last way to win your DOL hearing is to show that something was wrong with the way you took the test or that the machine wasn’t working properly when you took the test. There are a number of things that could be wrong here, and any of them keep the test out and keep you with your driver’s license.

If the article isn’t enough to make you a believer, just trust me when I say you should hire a Seattle DUI attorney to help you at your DOL hearing. They know the law, they know the arguments, and they can do the best for you at your DOL hearing.

Looking to find the best deal on a Seattle DUI lawyers? Then visit us. We’ve got helpful advice on hiring the right DUI attorney in Seattle for you.

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What Your Seattle DUI Attorney Can Do For You

March 3rd, 2010

I’m a Seattle DUI attorney. That means I deal with people facing the consequences of a DUI charge day in and day out. Unless you are charged with one, you usually don’t understand all of the penalties involved. But they are substantial. And no one wants to do them if they don’t have to.

Because the Legislature made the penalties so stiff, there is wiggle room to have your punishment lowered, particularly if you have good facts or have little criminal history. But you need someone to help. A DUI lawyer. In case you haven’t talked to someone yet, I thought I’d give you a rundown of some of the possibilities for resolving your DUI case.

Worst, obviously, is a guilty verdict or guilty plea to DUI. This is what you were charged with, so it can’t get much worse than that. For me, I only plead out a DUI straight up if there are other factors involved. Usually if the prosecutor won’t work with me I just set it for trial.

After that is reckless driving. It is better because there is no mandatory jail time or fine. It is still a gross misdemeanor, and does carry the higher car insurance. But there is no ignition interlock. There is a 30 day license suspension, but you can get something that let’s you go to and from work.

After reckless driving is negligent driving 1st degree, a resolution we shoot for in every case. Negligent driving is great because it is only a misdemeanor, a minor criminal offense. There is also no mandatory minimum jail time, no interlock ignition device, and no driver’s license suspension. The only downside to this is that if you are charged with DUI again it will count as a prior DUI.

After that comes any myriad of traffic infractions you might be able to get. It might be negligent driving 2nd degree, careless driving, or something like that. It’s great because it’s not criminal. You pay a fine and you’re done.

And the best possible outcome, as you might expect, is an outright dismissal. The charges are dropped, you thank your Seattle DUI attorney profusely, and you walk out of the court free as a bird. These happen, but they are difficult as will. And this is what we aim for, though the facts often make dismissal impracticable.

Want to find out more about a Seattle DUI attorney? Then visit us for information on how to choose the best Seattle DUI attorney for your needs.

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California DUI Records And What Happens After Your Are Charged

February 16th, 2010

Once charged with a DUI, your records will be changed. Many times people aren’t even aware that this is happening. Getting a DUI on your record can have many negative consequences. Additionally, the charges can remain on your record for years after your conviction.

After an arrest for a DUI, a record is registered in two spots. One is the departement of motor vehicles database and the other is a criminal database.

If you are charged with any other criminal offenses at the time of your arrest, this will be added to your DUI record as well. Take for example a situation where the arresting officer asks you to perform a breath test and you refuse. This can be added to your record and result in negative consequences.

There are many groups that will be able to access your DUI records once they are uploaded to the databases mentioned previously. For example an employer, a school, and even your insurance company can access the information. This can result in many headaches for you.

Is there anything I can do to alter this?

A first step is to speak with an experienced DUI attorney. With the proper guidance, there are ways you can lessen the severity of your DUI records. An experienced DUI attorney can help reduce your charges and in some cases even get them dismissed all together.

After receiving a notice of suspension or revocation from the department of motor vehicles, you have the right to a hearing from the California DMV. However you can only ask for the hearing within 10 days after receipt. It’s a good idea not to delay speaking with an attorney so that you can assess your options.

It is possible to get your DUI record expunged or erased from the systems. Speaking to an experienced San Jose criminal defense lawyer is a good way to explore your options. Although there is no guarantee that you will get your record expunged, hiring a good attorney gives you a great opportunity.

Getting arrested for a DUI can be a stressful and difficult experience. When you are arrested or under investigation for a DUI, you need a qualified San Jose defense lawyer on your side. Speak with criminal lawyers San Jose regarding your arrest.

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