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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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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Delaware drunk driving defense attorney

December 13th, 2009

Delaware drunk driving defense attorneys  have successfully defended thousands of Delaware DUI Cases. Don’t take a chance with your case – know that you did all you could. duiattorneydelaware.com or call 302 856 3070 for a free consultation. Or check out dui attorney locator or dui lawyer directory for help.

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Drinking while driving, NOT dui…Connecticut penalties?

December 12th, 2009

I was pulled over and arrested for “drinking while driving” because I had half a wine cooler that was open in my car. I had zero BAC. I live in Connecticut, and I am wondering what kind of penalties this holds, loss of licence, etc. Can you use an AR if it is a first time offense? I am of legal drinking age. Should I get a dui lawyer?

The alcohol level is low, but it is still open alcohol. If you have a good driving record, don’t waste your money on an attorney. Go to court, and apologize for your mistake.

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Is it possible to get a first time DUI dismissed or dropped Colorado?

December 12th, 2009

Here are my circumstances before I ask my driving under the influence question:

1. I attended a fundraiser and had a few beers. They were the kind with lower alcohol that you get at grocery stores.

2. After the event I went to hang out with some folks I’d met at the event and had a few more beers(these ones were regular percentage).

3. I didn’t drink excessively and headed home after awhile. I’m estimating that if you include the fundraiser, I was out for 7-8 hours.

4. An officer pulled me over because my break lights were out. I handed him my license and registration.

5. He asks if I’ve had something to drink. It goes downhill from this point. I do well on the roadside tests but blow a .09(.08 is the limit). At this point I am confused because I know that I haven’t consumed over the legal limit and know that prior to the test the officer couldn’t have had very good reason to believe that my driving was impaired. I felt like I was being “pushed” towards DUI charges, if that makes any sense.

6. I opted for a blood test at a nearby hospital and was ticketed and placed in the custody of a friend rather than arrested.

7. My blood test results will come back in a few weeks to determine whether I was truly over the limit.

So my questions about this situation:

1. In situations such as this, what can an attorney realistically do for me? My friends have recommended good attorneys, but I’d like to survey more people to figure out what I can expect.

2. Has anyone else had success fighting this sort of thing?

3. Will the fact that I was ticketed rather than arrested weaken/affect my defense? It seems that nearly all methods of dismissing a DUI center around an actual arrest taking place.

AND PLEASE, NO LECTURING! I had misjudged how much I had to drink and think that individual factors I was not aware of lead to such a high reading. Almost every BAC calculator I’ve consulted says that I should have been below the legal limit.

If the blood test shows that you were NOT over the legal limit, then no problem. If the ticket was for a DUI, it will be dismissed. If the ticket was for the faulty brake-light, you’re still responsible.

If your blood test shows you WERE over the legal limit, then you will be prosecuted for DUI, which for a first-time offender might be a ticket or a fine, or could be a suspension of your license, but likely not jail time.

Blood alcohol levels are VERY individual. You really can’t trust a BAC calculator for that.

Now, you were out for 7-8 hours, but you don’t say the time frame from first drink to pull over. You had a few beers, and then a few more. As few denotes 3 or more, you had a minimum of six beers. Likely, you were over the limit.

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Do I need an attorney for my DUI?

December 12th, 2009

I am 18. My BAC percent was .152. Monroe, Louisiana was where I was arrested.

Either the bail bond guy or the cop that arrested me told me there is no point in getting a dui defense attorney because of my situation. But I want to know if that’s true? I really don’t wanna lose my license for six months + two years probation, plus the 1000+ fine, and the classes/community service… that is shit. The fine and classes/service sure, but I dont want the license suspension or probation! Please!

Is there any hope at all? I also am charged with speeding 53 in 35 and improper lane use.

It’s a better idea to get a lawyer otherwise they will stick you with a bigger fine and the possibility of a license suspension of 3 years since you’re under the age of 21… $1000 is minimum fine it could go to $10,000.
Note you could do community service for the fine.
Also, the lawyer might be able to get the speeding and improper tickets dropped.

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Does anyone know a good dui lawyer in Cook County, Il?

December 12th, 2009

My friend got in trouble and is in desperate need of a good dui lawyer. Cook County Jail is not a pretty site! If anyone knows, please let me know.. Sentencing is next week.

Thank you….

Gil

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