What to Do When You’re Booked for Dwi

December 30th, 2009

Are you booked or going to be booked for a crime, or driving while drunk? All the worrying in the world will not help you, but a good lawyer will. In the state of Minnesota an alcohol percentage of .08 in the blood for a private vehicle, and .04 for a commercial vehicle can attract DWI charges. If you’re booked for DWI, only an expert Minnesota criminal lawyer or a Minnesota dwi lawyer can help minimize your sentence.

If you have made the terrible mistake of driving while drunk, and you are stopped by the cops, doing rash things in panic will only make things worse for you. You must cooperate with the cops to minimize the chances of earning a third degree DWI (if this is your first offence) instead of a fourth degree DWI charge. That’s the advice any Minnesota criminal lawyer, or Minnesota DWI lawyer, will give you.

According to a Minnesota DWI Lawyer, if the cops ask you to pull over, don’t prolong the chase. The cops have your license plate and will catch you even if you escape. Running away will make the cops suspect you have got dangerous material in the car, or may be aggressive, and they will not hesitate to draw their weapon on you. Doing this will also ensure you don’t attract any other criminal charges, said a Minnesota criminal lawyer.

After pulling over keep sitting in your car, and keep your hands clearly in the view, preferably on the steering. If you’ve turned down the radio, that’s great. Don’t reach out into the glove compartment or anywhere deep into the car which might make the cop suspect you are taking out a weapon. Any Minnesota criminal lawyer will tell you that many people have been hurt due to paranoid cops trying to save themselves from nothing. Also remember the advice of the Minnesota DWI lawyer who said that behaving stably and normally with the cops will help you in minimizing any chances of conviction or a sentence.

Roll down your windows and ask the cop what the problem is. He must state the offense clearly. If you’re asked to submit to a chemical test, do not refuse. Minnesota laws state that if you take the privilege of driving on Minnesota roads, you give an implied consent to a blood, breath, or urine test if desired. According to a Minnesota DWI lawyer, refusing to take the test does not help at all, because the cops will assume you’re at fault and press harder for it. Arguing with the cop is a big mistake, said another Minnesota criminal lawyer.

If in the field sobriety test and the breath analyzer test your alcohol levels are deemed higher than accepted, you’ll be taken to the police station. Contact your lawyer immediately if this is the case, and do not make a statement to the cops until your lawyer arrives. That’s the advice given by a top Minnesota criminal lawyer and Minnesota DWI lawyer.

You must give your Minnesota DWI lawyer a full description of the circumstances involved, and do not try to hide any facts. Based on the charges against you, the level of the offense, and the circumstances, the lawyer will tell you what to do next. Remember, the counsel is your most important associate in a court so you must do exactly what the Minnesota Criminal lawyer tells you.

For more resources about Minneapolis Criminal Lawyer or even about Minnesota Bankruptcy please review this page minnesotasbankruptcylawyer.com

Groshan Fabiola
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Understanding the Law Regarding Driving Under the Influence; or Dui

December 30th, 2009

Operating an automobile safely is difficult enough under the best conditions, but add the effects of alcohol or other mind-altering chemicals and the task can become nearly impossible. A large portion of traffic deaths and serious accidents are caused by alcohol or drug-impaired drivers, although because of their relaxed state, many of them survive the incidents without serious injury. This has led all 50 states to establish strict laws concerning drivers who operate vehicles while under the influence of drugs or alcohol. In some states, violation of these laws is called DUI, or driving under the influence. Other states refer to this violation as DWI, short for Driving While Intoxicated.

Many state DUI laws were developed in response to federal highway funding mandates. In order to qualify for federal road maintenance revenues, individual states were compelled to define a legal age for alcohol consumption and laws defining the legal level of intoxication (alcohol blood level) for drivers. Most states established a legal drinking age of 21 years, although some allowed the consumption of low-alcohol beers and wines at age 18. Later federal highway mandates encouraged all states to agree to a uniform drinking age of 21.

If a law enforcement officer observes suspicious driving behavior, they can legally perform a traffic stop of that vehicle. A strong odor of alcohol, slurred speech or general incoherence can lead to a field sobriety test to roughly determine intoxication. A DUI charge cannot be issued through suspicion alone, however.

If the driver fails to demonstrate the capacity for rational thinking and motor skills during these field tests, the officer can then ask permission to perform a blood alcohol content test, commonly abbreviated BAC. In a DUI case, the test must show a percentage of alcohol in the driver’s bloodstream over a legal limit. The legal limit for DUI used to be .10% BAC; all states have now adopted a lower .08% BAC.

The legal blood alcohol level for drivers under the legal drinking age can be as high as .02% or as low as absolute zero. If any driver demonstrates a BAC over the legal DUI limit, he or she can be charged with a DUI immediately and booked into a holding cell for at least enough time to become sober again. Some law enforcement officers may use a special breathalyzer to determine BAC, which is seen as less invasive than the standard blood test. Because a person’s BAC lowers over time as the alcohol is processed by the body, police officers must gather evidence quickly to establish a DUI charge. DUI suspects may also refuse to take a BAC test or call a lawyer for legal protection from interrogation.

Many states have a progressive DUI policy, which generally means that a first-time offender may not receive the maximum penalty allowed under the law. A judge can use some discretion when sentencing those convicted of DUI, especially if the accused pleads guilty and demonstrates remorse for his or her actions. Generally speaking, a first DUI conviction could lead to a revoked driver’s license for up to a year, a substantial fine and/or community service, and several penalty points when your driving rights are eventually restored. More serious DUI penalties could include prison time, court-ordered alcohol rehabilitation and a lifetime suspension of your driver’s license.

If you or someone you know is charged with a DUI or DWI and need legal help; there are many resources on the web. One resource that I would recommend is handelonthelaw.com.

Chris Ronk
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Search for Dui Lawyers Through Your Desktop

December 30th, 2009

The state of Indiana is known to have severe laws and rules with regards to DUI offenses. People with DUI charges must be sure to obtain excellent lawyers who know how to represent their clients and provide legal guidance. Besides getting an attorney with the precise competencies and skills with regard to the statutes in Indiana, those who face DUI charges must also attempt to search out an attorney who specializes in the cases of DUI.

Finding the best dui lawyer who has a ton of experience in DUI cases gives you a number of advantages. The good news is that presently there are a number of sources where an individual can find excellent lawyers, particularly those who specialize in DUI cases. First and foremost, the best place to find a lawyer is the Internet, which consists of an unlimited number of sites about lawyers and their firms, together with those who specialize in DUI cases.

Searching for an Indian DUI lawyer online requires “canvassing” for a lawyer by means of visiting the sites of the lawyers or attorneys who are based in a region and receiving information regarding them; therefore, you can judge and choose which lawyer you’d like to hire. There are a huge amount of lawyers and firms who publicize online. Still, the most vital step in searching a lawyer on the internet is interviewing them either via the telephone or through private consultation.

During interviews, you should ask them important questions so that you are able to spot which lawyer would give you the most excellent legal services. Several of these questions consist of asking about the lawyer’s experience, his fee, and about the options regarding your case. Through the answers to all these questions, you’re able to judge the lawyer who will give you the legal services you need.

Individuals charged with DUI, especially in a state like Indiana that has stiff punishments for such cases, means that you need to find an excellent lawyer who can assist you in the case. The perfect place to search for lawyers who focus in DUI cases is the World Wide Web, as it contains a great amount of lawyers who publicize their services online. But, make sure that you talk to the lawyers you are considering to hire so that you can spot for yourself how much they are of worth.

Alien
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Selecting the Right Dui Lawyer

December 30th, 2009

When it comes to dealing with the consequenses of a DUI arrest, experience counts, especially when choosing a DUI lawyer. Although the penalties for a first time DUI conviction are serious, they can be life altering for the person who faces the court with a prior DUI conviction. Choosing the right DUI lawyer can have a significant effect on the outcome of your case. Unfortunately, many people lack the experience necessary to find the most qualified and skillful DUI representation possible.

DUI Penalties Are Serious – Among the penalties for DUI are the loss of the driving license, steep fines, and incarceration. The length of DUI related jail time has increased dramatically over the past decade, as have the fines. In some areas, a DUI can result in the forfeiture of your vehicle. You’ll probably also see that a DUI conviction will substantially raise your car insurance rates for years.

Because of the severity of the penalties, it is essential to engage the services of an experienced, aggressive DUI lawyer. There’s a great deal of specialization in the legal field, and a DUI lawyer can guide you through the court system and help sift through mandatory and subjective penalties, working towards the best outcome.

Why Choose A DUI Lawyer? An experienced lawyer, specializing in DUI cases, is aware of the complexities that are part of all DUI cases. For example, it’s debatable about how well roadside equipment is able to reliably and consistently make the sensitive measurements upon which the arrest is based. A knowledgeable DUI lawyer will know that certain health issues can affect the results of the tests used to detect that you’re driving under the influence. There are numerous bits of specialized, important knowledge that DUI lawyers have that can help you, which is why finding the right lawyer is so important.

We Make Finding Your DUI Lawyer Fast And Easy – Most people have little experience in choosing quality representation and, during the crisis of a DUI, they can feel overwhelmed by all of the options, or feel pressured to make a quick decision. This can result in a poor or harsh outcome to the case. There’s no need to let that happen.

We make finding a DUI lawyer much easier for you. We’ve done the research for you so you’ll be making an informed decision when searching for a lawyer with the specialized, knowledgeable legal representation you need to assist you in managing your DUI case.

By informing you of the many options available, we can help you have greater confidence in making the decision of which DUI lawyer you will choose to represent you. When you’ve been arrested for DUI, it’s a serious situation, and experienced, effective representation by a specialized DUI attorney is an essential part of obtaining the best possible outcome.

Carson Danfield
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Eleven Attributes Of A Good Criminal Defense Attorney

December 30th, 2009

People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can’t change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.

1. The lawyer must care about the result and the client’s well being:

This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person’s life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.

2. Get to know the client and his or her life situation and background:

I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.

3. Work quickly to try to get the person out of jail:

Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.

4. Consider the effects of a criminal case on a person’s profession, or future profession:

Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.

5. Remember confidentiality:

It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.

6. Consider any immigration consequences:

Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.

7. Communication with the client:

Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.

8. Investigation:

In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn’t you want to do it in your own defense. It costs money but it would be “penny wise and pound foolish” to skimp on this part of your defense – that is, unless you agree with the police version of the facts.

9. Legal research and motions:

Any San Francisco criminal defense attorney must be sure to understand the “elements” of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn’t know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.

10. Negotiation:

The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.

11. Trial

Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.

David Wise
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Dui Accidents Can Increase Penalties

December 30th, 2009

Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

Bodily Injuries – In many states, special provisions exist in the DUI laws that allow judges to impose harsher penalties if you’ve caused bodily injuries as a result of a DUI accident. These bodily injuries are often serious and can include broken bones, collapsed lungs, and even paralysis in the more serious accidents. These increased penalties make it possible for you to receive longer jail terms, increased fines, longer probationary periods, longer license suspension or revocation periods, and increased requirements for insurance and alcohol treatment and evaluation. These increased penalties are in place to deter drivers from driving under the influence and keep the roads safer from DUI accidents.

Fatalities – Some states have provisions that allow prosecutors to charge drivers with vehicular manslaughter and driving under the influence if any fatalities occur as a result of an accident caused by a driver charged with DUI. Many factors can influence how a DUI offense is charged including blood alcohol concentration levels, other crimes committed during the same offense, number of prior DUI convictions, etc.

Criminal Charges – If you are arrested for DUI, you will be charged with driving under the influence. This is a criminal offense and you will need to go through a criminal trial where a prosecutor will attempt to show that you are guilty of the crime. If you are convicted, you can face a number of penalties that vary from state to state and may also be dependent upon any special circumstances regarding your case.

Administrative Penalties – When you’re arrested for driving under the influence, you’ll experience administrative penalties through your state driver licensing agency. Some states offer a hearing process that may allow you to get your license back until your trial, but this can be a difficult task to accomplish. Hiring a qualified lawyer who specializes in DUI cases may be your only chance for getting your license back if that’s even an option in your state. A skilled attorney can represent you during administrative proceedings and speak on your behalf, possibly minimizing your penalties.

Criminal Penalties – The criminal penalties for driving under the influence can vary quite a bit from one state to another. Most states can impose penalties that include jail time, fines, court costs, probation, suspension or revocation of driving privileges, ignition interlock device installation, alcohol and drug education programs, and additional insurance requirements for DUI offenders. These penalties are imposed based on many factors including prior convictions, aggravating circumstances, and other information from each individual case. Some states are stricter than others when it comes to imposing penalties for driving under the influence. A first offense in one state may get an offender some community service time, a license suspension, and mandatory participation in an alcohol education program, while a first offender in another state may spend several days in jail, have a longer license suspension, and have to attend more alcohol education classes. The harshness of penalties for driving under the influence begin at the first offense and escalate if you accumulate additional convictions.

DUI Attorneys – Hiring a lawyer who specializes in DUI cases is one of the best things you can do if you have been charged with driving under the influence. You’ll have better access to the resources you need to defend yourself and you’ll also have a legal professional on your side that can help you prepare for your criminal trial. No case is ever a sure thing, but having a DUI lawyer on your side is one of the best ways to achieve a successful outcome.

Carson Danfield
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Dui Guilt Myth — Chapter 9

December 30th, 2009

Chapter 9 DWI Lawyer Bob Keefer: DUI Guilt Myth


                                                                        CHAPTER 9

“I NEED TO CHOOSE A LAWYER–WHAT QUESTIONS SHOULD I ASK?”
So now you have been released. Do not wait. Now is the time to hire a lawyer who can guide you through the complex and ever changing field of DUI law. The process of preparing your case—the investigation, the motions to suppress evidence, the analysis of evidence, and more—needs to get started right away.

It is difficult to pick a lawyer, not only because there are so many out there, but also because—since you are not a lawyer yourself—you do not know what a good one looks like. What is worse is that many consumers fall prey to myths and misconceptions about lawyers and they wind up picking an attorney who is not qualified to meet their needs. Here are a few of the most common myths.


Myth #1: “All lawyers have the same experience and training.”
We already touched on this myth in chapter 1 but it is worth mentioning again. Even if a lawyer has practiced law for decades, even if he or she has a fantastic resume, even if he or she has argued cases before the Supreme Court, there is no substitute for expertise in DUI law and experience defending clients who have been arrested for DUI.


Myth #2: “If a lawyer advertises that he takes DUI cases it is because he has experience in DUI law.”
This myth is similar to the first, but it is different in an important way. You may know how important it is that the attorney has experience in DUI law, but you might assume that, because an attorney takes DUI cases, he or she has the necessary experience. As a consumer, you know that advertising is often misleading. This is no less true when it comes to advertising for lawyers.

Myth #3: “The State Bar determines whether a lawyer can advertise as a DUI lawyer.”

The reality is that there is no requirement that a lawyer must meet before the State Bar permits a lawyer to advertise as a DUI attorney. The only thing is needed is a license to practice law.


Myth #4: “All law firms will take my case to trial.”
As strange as this may seem, many law firms are not committed to taking your case as far as it needs to go reach the best outcome for you.


Myth #5: “All lawyers carry Malpractice Insurance.”
Malpractice Insurance is not required of attorneys. This means if your lawyer does not carry this coverage and he makes a mistake, you may be out of luck. It a lawyer does not carry malpractice insurance, it does not mean that he or she is confident that it will never be necessary. More likely it means that the lawyer cannot afford it.


Myth #6: “Calling a Lawyer Referral service or using internet sites that offer to find you a lawyer service is the way to find a competent lawyer.”
Lawyer Referral Services and internet sites are a nice idea, but they are far from perfect. Many do not adequately screen the attorneys they refer clients to.


Myth #7: “Lawyers who have a big ad in the Yellow Pages or a TV commercial must be successful because they can afford this advertising.”
Just because a lawyer is on TV or has a big two-page yellow page ad does not mean he or she is successful or qualified. All it means is he or she shelled out a lot of money to make people think that. TV stations and yellow page companies do not care if the lawyer is competent; all they care about is that the check clears. Is that the way you want to decide who is going to protect you and your family?

Eventually you will want to speak with a number of attorneys who might represent you. This kind of consultation is usually free. The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions and they will take it as a sign that you have done your homework. Remember that when you are interviewing an attorney, the attorney is also interviewing you to see if he or she wants to take your case. A good lawyer would rather represent a truly prepared client, a client who is committed to getting the best legal representation available.
Here are a few questions you should ask in order to make an informed choice of who will represent you.

“How many years have you been in practice?”

This will tell you much about the attorney’s potential experience. But, also ask what they have done all those years.

“How much experience do you have representing persons who are charged with DUI?”

You should leave the attorney’s office confident that you have spoken to someone who has real expertise and experience in DUI law.

“Do you have real experience handling a case like mine?”

You do not want a lawyer who sees your case as a new experience that he or she would like to try. You want someone with the experience necessary to do the job for you.


• “How many cases have you taken to jury trial?”
Your case might need to go to trial in order to get the outcome you deserve and it is imperative that your attorney have trial experience if it is required.

• “Who in the office will actually be handling the case and what are their qualifications?

Most attorneys work with a team. The lawyer that you might be speaking with might not actually be the person who does the bulk of the work.
• “Are you covered by a legal malpractice insurance policy?”

There is really no two ways about this. Your attorney should have malpractice insurance. Malpractice insurance is just as much insurance for you as it is for your lawyer.


• “Have you ever been disciplined by the State Bar?”
You do not want a lawyer with a long disciplinary rap sheet and you deserve to know if your lawyer has been disciplined in the past.


• “What are all the potential legal costs, including investigators, experts and the like?”
The lawyer should be honest with you about what your case might cost. You want to be secure that the lawyer is not luring you in with promises of unrealistically low fees and costs.

•”What challenges do you see in my case?”

The lawyer should be able to explain to you what he or she sees as the challenges you face and what they could mean for the ultimate result.

“How will you keep me informed about my case?”

You must feel comfortable with the attorney’s commitment to communicate with you. You should know if you would really be kept informed of developments in your case.


• “What will be the final outcome of my case?”
A good attorney will not promise you a specific result, because it is always impossible to be certain how a case will turn out. Any other answer is dishonest and unethical. A good attorney can only promise to do his or her best job in defending you.

When you look for a potential defense attorney, tell him or her everything that you think is relevant, and then some. Something that you dismissed as a minor detail might make all the difference in your case. Most importantly, be honest. You have nothing to fear. Except in rare cases, if you are talking to an attorney face to face, even before he or she has decided to take your case, you already enjoy attorney-client privilege. This means that nothing you say could ever be used against you. If you ever have any doubt that your communication with the attorney is “privileged,” you should simply ask.
Now you have decided on a lawyer who has offered to take your case. You have paid good money and you have entrusted the lawyer to help you. Now you need to tell your lawyer everything about your case. Everything. A common complaint among defense lawyers is that they learned a critical fact that they needed to know, not from their client, but from the prosecutor or a witness. Withholding information can only increase your chances of being convicted. But no matter what, having found an experienced attorney to represent you, you should rest assured that you are well prepared for the next phase of the process: the trial.

Bob Keefer
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Dui? Sometimes, Bad Things Happen to Good People

December 30th, 2009

As long as there are human police officers, injustices always will occur. A

great many police officers feel they have done their job when they arrest a

person for “mere suspicion” of DUI. In some instances, the arrest may be

warranted, but sometimes it isn’t.

Although you may think that just because your Blood Alcohol Level is below

the state limit, usually 0.08%, that you’ll not be arrested for DUI. Wrong!

Actually, you can be arrested for DUI no matter what level of alcohol is in

your bloodstream. Even if you haven’t been drinking at all, if the police

officer observes anything about you that leads him to believe you may have

been drinking, he can arrest you. And then, it’s up to you to prove your

innocence.

For example, let’s say that you just finished a fine meal at your favorite

restaurant and you had a small glass of wine. An overzealous police officer

stops you for a minor traffic violation and smells alcohol on your breath.

He immediately arrests you for DUI, slaps on a set of handcuffs and hauls

you off to jail.

Once you arrive at the jail, you’re photographed and fingerprinted, then

you’re placed in a holding cell, probably along with some pretty unsavory

characters. You’ll wait there for what seems like an eternity and eventually

you’ll go before a local magistrate who will decide what happens next. He

may just assign you a court date and release you, or he may keep you locked

up until you post a cash bail. If you don’t post bail, you’ll sit in jail

until your court date.

Even when you do get out of jail, it will seem like your troubles are just

starting. As a result of your arrest, your car was towed to an impound lot

and when you go to retrieve it, you’ll be faced with paying hundreds of

dollars in towing, storage and administrative fees.

When your court date finally arrives a few weeks later, you need to be

prepared to fight your case by being knowledgeable about the DUI laws of

your state. If everything concerning your arrest wasn’t done properly,

there’s a good chance you can get the case dismissed and all charges

dropped, thereby keeping your record clean. Even if your case does proceed

to trial, your guilt must be proven beyond reasonable doubt. Again, this is

where you need to be aware of the law and what’s legally required for a

conviction.

Keep in mind that the police officer is not your friend. The judge is not

your friend. This is a money-making enterprise for them and they would

prefer to punish you as much as possible, as quickly as possible so they can

move on to the next poor soul who they’ve managed to catch in their snare.

If you don’t know your rights and speak up, they’ll just dish out your

punishment and move on to the next victim. You will have now been

rubber-stamped as a criminal and you’ll have to live with the consequences.

Carson Danfield
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Legal Help for Dui

December 30th, 2009

Getting legal assistance for DUI situations is something you must consider if you are arrested for driving under the influence. DUI is a criminal offense and the penalties can be harsh and severly impact the quality of your life in a bad way. You may think hiring a DUI attorney will be way too expensive, but think about it in terms of your how you life will be affected. Instead of thinking of it as a cost, think of getting legal assistance for DUI as an investment in your future. If you don’t consult with a DUI attorney, you may be convicted of a criminal offense and sentenced to jail time, fines, probation, and other penalties. If you do work with a DUI attorney, especially one that’s knowledgeable and aggressive, you’ll have an experienced legal professional working with you to help you win your case. Although your attorney can’t promise you a successful outcome, getting qualified legal assistance for DUI cases is the optimal way to handle your DUI defense.

Physical Impairment Cases – One of the ways a prosecutor can handle a DUI case is by choosing to focus on your physical impairment at the time when you were arrested. Being physically impaired means you that were unfit to safely operate a motor vehicle at the time of your arrest. When the prosecutor handles a case based on physical impairment, he will attempt to prove that you were impaired at the time of your arrest. Law enforcement officers or other witnesses may testify about your driving habits, behavior, and appearance at the time you were stopped on suspicion of DUI. Your results on field sobriety tests may also be introduced to further prove that you lacked the motor and mental skills required to safely operate a motor vehicle. Getting legal assistance for DUI when the prosecutor is focusing on your physical impairment is quite important.

Per Se DUI Cases – Another way a prosecutor can manipulate a DUI case is by concentrating on the results of chemical testing done after your arrest on a DUI charge. The theory behind a per se charge of DUI is that having a blood alcohol concentration level that exceeds a certain limit means you were driving under the influence, regardless of whether you showed any signs of physical impairment or not. In most states, the legal limit is 0.08% for driving under the influence cases. Getting legal help for DUI cases involving a per se DUI is especially important. Testimony concerning chemical testing may be complex, so you’ll need a qualified advocate to sort through all of the information and defend you against the charges. Your lawyer may also have expert witnesses called to testify during your trial to show that the test results were not valid or that testing was not performed properly.

Fighting License Suspensions – You’ll need legal assistance for DUI charges and for handling another part of your DUI case – suspension of your license. When you’re arrested for DUI, your driving privileges are automatically suspended as an administrative penalty. The suspension happens even before you present your defense at a trial. You’ll need a qualified attorney on your side so you have someone who’s qualified to speak for and represent you during any possible appeal hearings that take place. If you have a skilled attorney, you might be able to get a restricted license or a temporary license that will allow you to drive to work, school, and other necessary destinations until your criminal trial takes place. For most people, not being able to drive can really mess up your life – having an attorney help you get your driving privileges reinstated is extremely important.

Sentencing – Getting legal help for DUI is also extremely important even if you are convicted of the DUI charge. The reason is that judges can consider a number of circumstances prior to sentencing convicted offenders, your attorney may be able to convince the judge to impose probation instead of jail or to reduce the penalties imposed against you in some other way. Your attorney can speak to the judge on your behalf and let him know about anything that could work in your favor. This information can include any disabilities you have that could not be adequately cared for in jail, family responsibilities like caring for your children while your spouse works or caring for an elderly family member, or the fact that you are the only source of income for your family. Although you won’t be able to get out of the DUI or erase it from your record, this information might persuade the judge to sentence you to probation and other penalties instead of jail time, if it’s appropriate based on the number of convictions you have and any aggravating circumstances that may be part of your case.

Carson Danfield
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Drunk Driving Auto Accidents

December 30th, 2009

An auto accident lawyer sees the damage done in a drunk driving accident almost as often as police officers do. Unfortunately, after a drunk driving accident, a significant personal injury settlement or a hefty award from an auto accident lawsuit will never take away the devastation left behind from a drunk driver.

Auto accident lawyers work with the victims of drunk driving accidents as well as the families and surviving members of fatal accidents. Sometimes even the emotional stress of having to go through an auto accident lawsuit after a drunk driving accident can take a significant toll on a family, and sometimes it represents a sense of closure for other victims.

Consulting with an auto accident lawyer after a drunk driving accident does not necessarily mean that you or your family is required to follow through by filing an auto accident lawsuit. While many victims are afraid of the toll an auto accident lawsuit may take on them, they may find relief in the fact that most cases end in a personal injury settlement.

This is usually due to the very obvious nature of the accident, and the very high level of public awareness of the dangers of drunk driving. Drunk driving education starts in high school, and from there on out, there isn’t a single driver who isn’t aware of how dangerous it is to crawl behind the wheel of a car when affected by alcohol.

Being aware of how affected one is doesn’t mean that there will be any additional control over the vehicle. Being aware of how affected one is means that the driver knows full well that they do not belong behind the wheel of a car.

An auto accident lawyer can meet with the victim, if able, and the family members and go over the victim’s and family members rights in the event of a drunk driving accident. Nobody should have to go through the aftermath of a drunk driving accident alone, and an auto accident lawyer can make helpful recommendations in receiving the quality care that a victim and their family may need.

There has been an increase in the publicity of drunk driving accidents involving a single car, numerous passengers, and only one or two survivors. These cases typically involve teenagers and young adults who are interested in partying, but these cases can be a little more difficult.

The argument has been made that the victims knew the driver was drunk and still got in the car with them. Some people have disagreed with the high jury awards and personal injury settlements that have come from these cases. An experienced auto accident lawyer can fully explain the rights of the victims in these cases, and also explain why the filing of an auto accident lawsuit is not inappropriate in these cases.

The victims are not responsible to know the condition or the blood alcohol level of the driver. These cases can become very terse and tense if the auto accident lawsuit goes to trial, as the defending lawyer will attempt to blame the victims. In these cases, having strong representation from a well qualified auto accident lawyer is imperative.

However, it should remain clear that just because the victims were in the car and made a choice and perhaps were even a bit drunk themselves, this does not absolve the driver from his or her responsibility and may very well still end up with a high jury award or a high personal injury settlement.

Drunk driving accidents account for a large percentage of deadly car accidents on the road today. With public awareness as it is, there really is no excuse for drunk driving accidents.

Many people have tried to lessen their responsibility for their own actions by filing an auto accident lawsuit against bar tenders and bar owners, even filing auto accident lawsuits against friends who should have stopped them from getting behind the wheel, sometimes even after an effort was made to stop the driver from leaving the bar or residence.

Drunk driving auto accident lawyers are seeing an influx of defense cases involving not auto accidents, but citations and the loss of licenses and even jail time for individuals who pull over and stop driving due to the level of affect the alcohol has had on them.

In these cases, the driver attempted to do the right thing and correct his error in judgment by pulling off the road to sleep while he or she sobered up. It seems a little incredulous to punish someone for correcting their irresponsibility before it caused bodily or property damage to someone else.

In light of these charges being valid, auto accident lawyers are finding that many people are trying to get all the way home, having considered stopping but knowing that the consequences are still quite harsh.

Don’t drink and drive.

Nick Johnson
articlesbase.com/law-articles/drunk-driving-auto-accidents-132984.html

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