26 Jun

Defense DUI (driving under the influence of substances)

Being arrested for DUI can happen to anyone. For many of us, being arrested for DUI is traumatic and embarrassing. While no one wants to go through that experience, it can happen to anyone despite our best intentions.

The state has one of the strictest laws against DUI across the country, and the consequences of an arrest can be catastrophic including severe criminal penalties (such as the extension of imprisonment), loss of driving privileges which in some cases are permanent, the threat of job security and many other financial losses including fines, court costs, costs of alcohol and drug assessment, counseling expenses, breathalyzer connected to the ignition device, and increases in the insurance policy.

Over the past 30 years, the DUI laws have become extremely complex and fraught with danger for inexperienced lawyers. That is why the choice of a lawyer is very important for the person arrested for DUI. Choosing the wrong firm to represent cost you losing their freedom, ability to resume driving and financial implications. The price you can afford can be years.

Your lawyer should have the necessary expertise not only in the field of DUI, but also in the area of driver’s licenses. That is why you should consider finding an expert lawyer.

The expert is a renowned author and speaker in the field of DUI and driver licensing laws, including the laws of the State Secretary and procedures. He is also a con-editor of the DUI laws, and has written several articles on these issues for many lawyers. It is also con-author of the book: defense of DUI published by the continuing legal education program.

An expert has also fought numerous cases of DUI in Appellate Court and the Supreme Court and his writings on DUI laws (driving under the influence of substances) have been cited several times in the Supreme Court. His advice and counsel are regularly requested by prosecutors, defense attorneys and others.

The expert has focused on the area of DUI defense from the start of his career. As counsel to the firm, The Expert lawyer has immeasurable experience gained while successfully represented hundreds of DUI defendants.

19 Jun

Ask a lawyer to start divorce proceedings

For a divorce there are several questions to ask before choosing a lawyer representation. This procedure is usually an emotionally and financially draining process. Not all lawyers have the same preparation, so that to make sure to choose the most appropriate, prepare a list of questions. A competent lawyer with it easy to work will be happy to answer any question you ask.

What is your experience?

Find out beforehand if the attorney specializes in cases of family and divorce law. Anything that distinguishes him as a specialist in divorce, as experience in child custody and support, is relevant. It also considers the number of cases that have tried and if you have experience in courtrooms.

What is your philosophy for dealing with cases of divorce?

It is important that the style of lawyer match the way you expect the event unfolds. This question will give you an idea of ​​whether to recommend mediation and under what circumstances. Find out if discourages or encourages direct contact with the other party. Answering these questions will help you discover if the lawyer is right for your situation.

How do you handle your case and keep in touch with your customers?

It is extremely important that the lawyer has enough time to handle your case. Find your current workload and if anyone else in the office will work in the case. Note if the attorney directly answer calls and the average time it takes to return calls. Also, ask if important legal documents are faxed or format PDF for review.

What is the estimated cost for my divorce?

Perhaps the answer to this question is not entirely accurate, but the lawyer should be able to give you a general answer based on the rates set. Is it necessary to give an advance? Meet the hourly charge and whether or exact minute time blocks. Ask the cost per day for the trial and the rates per hour of secretaries, paralegals and other lawyers working the case.

There may be additional costs for experts, including psychologists infant or accountants. Find out how much they charge. Additional costs for procedures such as photocopies and faxes are also generally billed and investigating its cost. Finally, see if you can get a written agreement describing these fees.

12 Jun

DUI & DWI DEFENSE

You or your family member arrested for driving while intoxicated? Even if you think he’s guilty, is still in your best interest to get a lawyer!

After being arrested for driving while intoxicated, DUI or DWI, you may feel so ashamed that you think should go to court and plead for mercy, or simply admitting to driving while intoxicated and should receive his punishment.

However, you may not be the best person to assess all the facts. Even if you have specialized in the area of ​​DUI or DWI (what is not usually the case) legal training, if charged with driving while intoxicated you probably do not have the objectivity required to analyze the case of any and all defenses or potential weaknesses.

Luckily, our American system of justice requires that the plaintiff has the burden of proving beyond a reasonable doubt the guilt of someone accused of DUI or DWI. This is the same legal standard used in the most serious criminal cases.

This is important! It is not “just a DUI!” Drunk driving, or driving under the influence of alcohol or drugs is a very serious charge, with very serious consequences.

A trained lawyer DUI or DWI Attorney will review the case through the eyes of a trained professional. An experienced DUI lawyer will know the difference between someone who just “feels” guilty, someone who really is guilty, based on the law and applicable legal standards.

Real defenses DUI / DWI

Even if the breathalyzer says you are above the legal limit that does not automatically mean that you are guilty!

There are many defenses for DUI or DWI, and these should be explored before you even consider pleading guilty to DUI or an offense related to driving while intoxicated.

Since the plaintiff has the burden of proving each and every element of the case without a doubt, you as a defendant need only create a reasonable doubt in one area, in order to prevail against a charge of driving under the influence.

Many people have a misconception common concept. It is perfectly legal to drink and drive (but not at the same time!). It only becomes illegal when a person is legally under the influence.

Under the Influence of Alcohol and Narcotics

“Under the influence” is defined differently in each state, but generally means that a person has been drinking an alcoholic beverage (or taking drugs) to the extent that their physical and mental abilities are so impaired that no longer has the ability to conduct a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

The defense to criminal charges may come from many different areas, and consultation with legal counsel on DUI or DWI is critical to decide which will be applied in any given case. An experienced DUI or DWI lawyer will know what kind of conductive patterns are consistent with sobriety, they revealed the evidence of field sobriety, and what factors may have influenced the chemical test, thus making it unreliable.

The Rise of Defense BAC

A DUI or DWI lawyer will know the BAC (Blood Alcohol Concentration) was “rising” – below the legal limit when driving, but above the limit when the police officer who arrested him, he managed to prove it.

Alcohol is absorbed into the human body over time. Many factors, such as drinking patterns and stomach contents can impact how quickly alcohol is introduced into the system. It is as far as possible that someone is below the limit of legal tender at the time of driving, only to have her blood alcohol level increasing with the passage of time, to the point of being over when legal limit breath test or Blood was administered.

Other defenses related to the reliability of actual chemical results. Some people are simply not suitable for breath test due to dental problems, which captures the spirit in the mouth and create false high results in breath test. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause false high readings on breath tests. Only takes one millionth and a billionth of a fluid ounce of alcohol to register a .10 on a breath test machines. This is above the legal limit in every state, and may result in a criminal conviction – unless various mitigating factors are fully explored by an experienced DUI defense lawyer.

Every state has laws about maintenance, calibration, and accuracy of the breath test equipment to screen people arrested for DUI, DWI, or driving under the influence. Perhaps the device that examines the breath was improperly calibrated. Perhaps the person operating the machine was not properly trained or certified to examine suspected DUI.

A criminal defense lawyer who only exercises general criminal defense did not even know where to find this information. A trained and experienced DUI / DWI, moreover, counsel will.

Why use an experienced DUI / DWI lawyer?

  • A DUI attorney review the police reports true for any inconsistency
  • DUI Attorney deleted evidence should be excluded
  • A DUI lawyer will get calibration records and checks accuracy of real breathalyzer used
  • A DUI lawyer will re blood samples checked by an independent laboratory
  • A DUI lawyer will use weaknesses in the case to negotiate a better deal with prosecutors
  • A DUI lawyer to go to court on your behalf, so you do not have to interrupt their regular schedules
  • A DUI lawyer will get expert witnesses to support their case
  • A DUI attorney represents him to protect his driver’s license.
  • In short, a qualified DUI / DWI lawyer knows what to do to protect it, even if you guilty.
  • REMEMBER! There is a difference in feeling guilty, guilty!

A good defense attorney qualified DUI or DWI know how to properly mount a defense on your behalf in all these following areas:

  • Driving while intoxicated
  • Probable Cause
  • Miranda Warnings
  • Implied Consent Laws and Warnings
  • “Under state” and blood alcohol concentration
  • During the actual test absorbent alcohol phase
  • Retrograde extrapolation
  • Regulation of the methods and apparatus of proof alcohol – including breathalyzer
  • License suspension hearings
  • Finding the Right Lawyer

After being arrested for DUI or driving while intoxicated, the first and most important thing to do is find the right and experienced in this particular aspect of the criminal defense lawyer. It is like looking for a doctor to make a major medical procedure; once you find the right professional, your job is to let it do the work.

Each attorney should have a proven success going to trial in appropriate cases their history. When you need an experienced defense lawyer specified in DUI or DWI, you’ll get a lawyer who knows the details of the specific statutes of driving while intoxicated in your state.

Our attorneys are always accessible, returning your calls professionally and promptly. You are also sure to keep lawyers who are abreast of all the newest legal information – such as attending conferences and lectures emphasizing the latest in defense of DUI or DWI. Our advocates in DWI lawyers also belong to one of several state and national organizations dedicated to defending those accused of DUI or DWI.

Coasting ATTORNEY TO CORRECT DRIVING UNDER STATE OF INTOXICATION

As in most criminal defenses, the cost of a defense lawyer in DUI / DWI varies. Here are some of the main factors involved:

Location of arrest

  • Lawyer’s reputation, skill and training
  • Number of hours required for a particular case
  • Whether an accident or other aggravating factor is involved
  • Previous convictions for DUI or DWI
  • Whether a jury trial needed
  • Whether an audience of DMV or driver’s license is required
  • Whether you are an expert witness or witnesses are necessary
  • Each of these factors and affect the fee of a DUI lawyer to defend him against the charge of driving while intoxicated.

There is always a written agreement specifying all the details and expected payments.

Hiring a DUI or DWI lawyer to defend a case of drunk driving is an important decision. There is plenty at stake. We know that no matter how many cases we handle, or those who have represented before, the only case that matters to you is yours.

You should feel comfortable with every aspect of your relationship with one of our trained lawyers on DUI or DWI, including financial arrangements.

05 Jun

Defenses for Drunk Driving

A person with a charge of driving under the influence of substances (Driving under Influence [DUI] or Driving While Intoxicated [DWI]) has some defense options available. There are some affirmative defenses in limited circumstances, even when the evidence supports the charge. But more often defend a charge of driving while intoxicated attacking the comments of the officer what happened before the arrest or questioning the integrity of the test, as the accuracy of breathalyzer test. DUI laws differ from state to state, and each case is different facts, so it is best to consult an attorney.

Affirmative Defenses to DUI Charges

Necessity: When a person must drive to avoid a greater evil. The driver must show that he had no choice and that the “greater evil” that he wanted to avoid was more serious than the possible harm that could result in a DUI.

Coercion: When the defendant leads to avoid serious injury or death. For example, someone forces a person intoxicated driving under threat of force.

Celadon: When an officer requests a person driving while intoxicated. The accused must also be able to demonstrate that there would have been predisposed to drive drunk but for the alleged ambush.

Error of fact: When a person believes in good faith that is not intoxicated. For example, have valid reasons to believe that the toxic effect of your prescription has disappeared.

Involuntary intoxication: When a person has consumed alcohol without your knowledge. For example, if an unrecognizable amount of alcohol was introduced at the punch bowl at a party.

Common Defenses for Cases Drunk Driving

  1. Improper Arrest: One of the most commonly used by defense lawyers DUI arguments and involves the allegation that the officer had no probable cause to stop the vehicle.
  2. Administration/Precision sobriety test: Can you have an arrest for drug should be based on a field sobriety test improperly administered or erroneous results. The horizontal test, which detects eye movements often associated with poisoning, often questioned.
  3. Administration/Precision Exam portable breathalyzer: The lawyer can challenge the exam administration breathalyzer conducted at the scene of the offense (e.g. was he properly trained officer) or if there were influential factors, such as vomiting or indigestion. In addition, the defense may question whether the device with which the test was performed was properly calibrated and maintained.
  4. Administration / Precision standard breathalyzer exam: Similar to No. defense 3, but refers to more accurate breathalyzer tests used at the station after making an arrest.
  5. Administration / Chain of custody of the blood: This defense challenges the administration of blood or was altered or handled incorrectly in the chain of custody.
  6. Elevation of blood alcohol concentration: The defense contends that the blood alcohol concentration was below the legal limit when the accused drove, but increased between the time the examination of the vehicle stopped and administered breathalyzer. This is possible when the system has not completely absorbed recently consumed alcohol until the breathalyzer test.

Less Common Defenses

  • The defendant was not the driver: It is questionable whether the person with the DUI charge was actually driving at the time. Perhaps the passenger, believing he was sober, switched places with the driver but failed in the sobriety test or breathalyzer.
  • Shares inadequate police: This defense may include evidence or testimony that the officer violated the civil rights of the accused, falsified a report DUI or had inappropriate behavior.

Talk to a Lawyer Specializing in DUI

If you or a family member is arrested for DUI, you may need the services of an experienced DUI lawyer. An attorney who specializes in defending DUI charges evaluates all the evidence, including the process and results of field sobriety tests and chemicals, to ensure that their rights are protected. It is also important to talk to a familiar with the laws of your jurisdiction lawyer. Most offer free consultations, so your first step should be to contact an experienced DUI lawyer.