My DUI Lawyer

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
articlesbase.com/health-and-safety-articles/dui-accidents-can-increase-penalties-139953.html

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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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I was involved in a minor fender bender on New Years Eve while driving home. The police witnessed it and made a dui arrest.  On the bail report it states I violated the DUI vehicle code, nothing about the accident, nor did I sign anthing stating info about the accident. Is there any way to fight the DUI? What will be the consequences? How much of a fine? Classes? Suspension? Happened in California.

You’re going to find this out as you go along, but whatever this is you’re calling a bail report has nothing to do with what you’re ultimately going to be charged with. I guess my advice regarding that document would be to just ignore it.

There’s never anything for you to sign about an accident. The fact that you didn’t sign anything regarding the accident means nothing and again, if it doesn’t appear on this bail report you’re talking about, that means nothing as well.

Is there any way to fight the DUI?

Of course. You have the absolute right to make the State prove their case against you beyond a reasonable doubt.

Is it likely you will win?

Not very. Especially in your case, but you really didn’t comment on the details of your case. If you submitted to a chemical test (blood or breath), you are very likely going to be found guilty.

The consequences are:

* Driver’s license suspension
* DUI classes
* DUI probation (a lot of people screw this up)
* Increased insurance rates
* Court fines
* Attorney fees
* 24 hours in jail
* And maybe more, but nothing is jumping to mind.

Count on anywhere from $3,000 to $5,000 when it’s all said and done, excluding the increase in your insurance.

Glad it was only a fender-bender. People die in these kinds of crashes quite regularly.

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Since launching this dui video campaign in 1983, more than 68% of Americans exposed to the advertising have tried to prevent someone from driving drunk. In 1998, America experienced its lowest number of alcohol-related fatalities since the U.S. Department of Transportation began keeping records. Campaign taglines have included: “Drinking & Driving Can Kill A Friendship” and “Friends Don’t Let Friends Drive Drunk.”

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Go to myspace.com/ncproud for more about Casey Bokhoven

WXII Tolly Carr speaks at church about the preliminary dwi accident report.

Tolly Carr’s lawyer, David Freedman, presented the media with a DVD containing video of Carr speaking at Greater Cleveland Avenue Christian, a local Winston-Salem church, just a week (Sunday, March 18, 2007) after the fatal accident. Carr appeared to focus more on the affect his DWI accident had on his career and his own family than on the man whose life he took, Casey Bokhoven. He did not mention Bokhoven by name, but asked the church congregation to pray for the victim’s family.

Also, a preliminary accident report was released, with these details of the accident in which Tolly Carr was involved: Carr went through the work zone barricade at Burke and West First Street at around 50 mph in his Ford 150 pickup truck, preceded down West First Street, veered off the road, went over a small wall, hit Bokhoven at 30 mph as he was standing on the sidewalk, then drug him 22 feet before crashing into a building. Bokhoven died under Carr’s pickup truck.

Carr has been charged with DWI thus far, with more charges possible. Carr refused a Breathalizer test and was unable to perform simple field sobriety tests at the scene. Blood samples were taken and the results have not been released to the public as of this date. (March 25, 2007)

This was from Fox 8 WGHP 10 pm broadcast on Friday, March 23, 2007. WGHP is located in High Point, North Carolina.

Please click on NCProud for more videos of this tragedy.

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a video i made for my health class

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Go to: http://www.myspace.com/ncproud for more about Casey Bokhoven

Winston-Salem lawyer Clark Dummit analyzed the charges brought against WXII news anchor Tolly Carr on Friday, April 20, 2007. Carr was charged with felony death by motor vehicle for the death of Casey Bokhoven. He was also charged felony serious injury by motor vehicle for the injuries suffered by his passenger and friend Fjola Wilson. Carr was previously charged with DWI (Driving While Impaired).

Casey Bokhoven, age 26, was violently struck and killed by a pickup truck as he stood on a sidewalk waiting for his girlfriend. The truck, driven by WXII (Winston-Salem, NC) morning anchor Tolly Carr,vaulted over a small wall and hit Casey at 30 mph, dragging him 22 feet, hitting a building and coming to rest with Casey under the wheel. The incident occurred Sunday, March 11, 2007 around 3:40 AM. Charged with DWI, Carr admitted he had been drinking and warrants detail that he refused a Breathalizer test. Blood was taken from Carr, and the results of blood-alcohol tests have not yet been released to the public as of this date (April 20, 2007).

From the WXII website, Friday, April 20, 2007

Click on NCProud for more videos about this tragic drunk driving accident.

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I have a question and I’m curious which option is the better one to take, if you are pulled over and asked to step out of your car and you know that you’ve had too much to drink and most likely intoxicated.

The officer will usually ask you to submit to a breath test? Should you submit or should you refuse and defer all decisions till you have a chance to discuss with an attorney? I’ve heard either way, you will be cuffed and taken down to the police station. I’ve had people tell me, you never “blow” (test).
Please don’t over-react, as I’m just asking the question. I have NEVER been pulled over by a cop, suspecting that I been drinking and I hope it NEVER happens. I’ve been very careful about not getting behind a wheel, after having more than a couple drinks and even if I do drive, I make sure that my couple drinks are seperated by enough time in between and I’m eating something too
i should have re-phrased my question, as I never intended for this to be about what is the RIGHT thing to do. I know the right thing to do is NEVER get behind a wheel and drive if you’ve been drinking.

The question is, in defense of the intoxicated driver, to limit or minimize the legal impact that this potential drunk driver will or may have to face, is it in his/her best interest to do the breath test or just refuse and let the cop take you in and then, consult with your attorney?

DO NOT do anything with out your attorney!!!!!!

Have the officer read your miranda rights, hand cuff you and take you to jail.

NO talking!!!!!

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The computer on the car shut down. Nothing working. Officer stop for assistance, he was not behind the wheel at the time. He smell beer on breathe. Arrested. Is this a legal arrest.

Possibly, you need more information. Such as, did the officer ask what was going on? And then the suspect informed the officer that he was driving the car when the computer quit and the car shut off? If so, then that is an admission of driving. The smell of the beer and the admission of driving is enough.

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My favorite comedian Gabriel Iglesias

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