04 Sep

DUI Defense

Driving a car while intoxicated is a serious crime in the United States. A person does not have to be driving notoriously bad, crossing lanes or exceeding the speed limit for a DUI. Most of the arrests for driving under the influence of alcohol happen when a traffic officer stops someone for a minor traffic violation.

Many people who have suffered an arrest for driving with alcohol or intoxicated breath simply had not been aware of how few drinks can take your content blood alcohol above the legal limit.

For someone who has never been stopped, a DUI can be confusing and frightening. And despite a DUI is serious, who really have much to lose are those who suffer their second or third arrest.

The first is driving while intoxicated or driving while intoxicated (DWI), driving Under the Influence or Driving under the Influence (DUI), and operating a vehicle while intoxicated, or operating a vehicle while intoxicated (OWI).

  • The consequences for driving while intoxicated are:
  • Jail time
  • Loss of driving privileges / license suspension
  • Fines
  • Higher insurance premiums for your car
  • Installing engine ignition device
  • Leave a mark on your criminal record
  • Driving Under the Influence (DUI)

Receiving a DUI is serious. Is unlawful for any person to operate or be in control of a vehicle if under the influence of alcohol and/or drugs.

Receive a DUI Driver that:

Keep an alcohol content greater than the .05 and less than .08 blood.

Have a content greater than 0.00 alcohol and is less than 21 years, drive a commercial vehicle, or who has evidence against having consumed any drugs.

Has an alcoholic content of 0.00 but there is enough evidence that their ability to manage deteriorated by the consumption of drugs.

Some of the characteristics that an official may be taken as evidence of drug use are:

  • Dilated pupils
  • Slurred speech
  • Red or watery eyes
  • Imbalance or lack of coordination
  • Dangerous driving and
  • Overcoming problems sobriety tests
  • Driving while intoxicated (DWI)

The charge of driving while intoxicated or DWI for its acronym (driving while intoxicated) is the most serious charges of driving impaired. To receive this position, a person must be in control of a vehicle while intoxicated. This means, which has alcohol content in the blood of 0.08 or higher.

Operating a vehicle while intoxicated

The operating a vehicle while intoxicated, or OWI, for its acronym in English (operating a vehicle while intoxicated) is for those who are caught operating a vehicle under the influence of drugs or alcohol. In Washington, the OWI is the less serious offense of the three (DUI, DWI and OWI). Nevertheless, being charged with Operating a vehicle while intoxicated can bring heavy fines, license suspension and even jail time.

28 Aug

DO I Need A DUI LAWYER?

If you have been arrested for drunk driving, you probably also wondering if you really need a DUI lawyer or not. The answer depends largely on your situation. If this happens to be your first offense ever, and no other crimes, then you might be able to survive without a lawyer. However, if you are a repeat offender you definitely need the help of a DUI lawyer as the law is stricter on those who fall into this category.

Before deciding whether you need a lawyer or not, make sure you know the DUI laws in your state. Find out how much fines jail time, or you will have to ignore if not their own. This will help you make the right choice. If you opted to hire a lawyer, you made a good choice. The lawyer would have more back ground and experience than you, and will be better able to help you get less time in jail or a fine. If you feel that you cannot afford an attorney, try to discuss payment plans with them first. Law firms often have payment plans, such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are some things you should consider when looking for and choosing your lawyer: · Find a lawyer who specializes in DUI cases, as it will be more conversant with the judiciary and prosecutors to negotiate a better deal for you. Make an appointment for a consultation with a lawyer. This should be done for free as this is only a consultation, you are not hiring yet.

You should be able to decide whether to work with them at the end of the discussion and they have explained what to expect when you have to stand trial. Find out how much it will cost you everything. Search also if there are additional charges would have to pay, which is not included in the expenses. Also ask about the circumstances that increase the cost even more and are willing to offer a payment plan.

Meetings with at least 2 or 3 lawyers so it would at least 2 or 3 price quotes, Choose the one you think is best for you. Also, meet more lawyers will provide more information to make the right decision. · Learning about DUI laws so that you are up to date on current news on fines and jail time. Make sure you know what you’re getting into. While others might have been able to stand trial without a lawyer, you should ask yourself if this is a risk you would be comfortable taking?

If you can hire someone who specializes in this, why not? Each case presented before the court is different, consider the political situation in the state at that time. Are politicians to be tough extra DUI offenders? Is this something that can affect the outcome of your trial? If you are not sure, check. The Internet, is full of information that you can use to make an informed decision.

21 Aug

DUI Defense

At the moment you have been arrested for drunk driving in your state, you should contact a good lawyer who has a great experience in defending clients before the threshold of justice. The contact an attorney experienced in these types of cases is the first step to build a good defense. When working with a lawyer who specializes in DUI cases, this may review all information concerning your case and question those procedures that have been made incorrectly.

There are some cases where police officers will default the steps established by law when proceeding to examine the amount of alcohol in blood of the driver and this can be useful when your case is defended in court, as this may cause the charges and fines imposed by the police.

The most common errors are:

When a policeman does not have probable cause: the police must at all times have probable cause to make traffic stop, as established in the penal code. In the event that a police did not have probable cause, it cannot legally make a traffic stop.

If your rights are not read during arrest: There are cases where police officers do not read rights to defendants when they are arrested. Rights must be read to inform the accused of the functions available such as keeping silent and the right to an attorney. In the event that a policeman does not give rights to the driver, detention can be considered illegal.

Erroneous results breathalyzer test: When the police consider a person suspected of drunk driving, it usually requires a breathalyzer test driver. Corresponds to the police officer is to determine if the driver is unable to drive due to alcohol consumption. The agent must examine the driver and motor function, balance and coordination while breath tests are made.

However, these tests are subjective and may vary from agent to agent. There are reasons why a person may appear to be drunk without consuming any alcoholic amount, such as a slippery road, poor illumination of the road, ambiguous instructions from police officer and any medical conditions affecting the coordination driver.

14 Aug

Average income of a divorce lawyer

Contrary to popular belief, divorce lawyers do not win all six figure salaries. The average domestic relations lawyer earns about $ 96,000 a year, the partners of law firms earn much more than the associated lawyers. This does not mean, however, a family law attorney potential can expect to earn this figure as a matter of routine. Real incomes fluctuate based on a variety of factors.

Education and Experience

A lawyer graduated from a law school first class with excellent grades will be more likely to get a job in a company of elite, where salaries are commensurate with the educational pedigree lawyer. Among the lawyers of the same educational background, those with experience usually earn more than graduates since his time have a higher rate of turnover and have had more time to build a clientele.

Geographical location

Like in real estate, location is an important factor concerning national laws. In general, lawyers practicing in large cities charge higher rates and earn higher than those who have established their offices in small towns or rural areas, largely due to variations in the cost of living and income wages of potential customers. The lawyers of large cities, however, may earn less than their rural counterparts if they live in economically depressed areas.

Clientele

The clientele of a divorce lawyer has a marked effect on income. In general, lawyers attending a wealthy clientele can charge more for their services a business lawyer whose clients come from middle and lower class. Although this comes in part on the willingness and ability to pay for wealthy clients, also from the fact that wealthier clients tend to have more complex and higher liability problems.

Economic Conditions

The high proportion of marriages that end in divorce is not necessarily translated into a client for divorce lawyers. While having a steady stream of clients needing representation is important for maintaining a healthy practice, it is even more important to have a steady stream of customers who can pay for such representation. A high overall unemployment rate means fewer customers able to pay a divorce attorney, and the poor performance of the economy in general produces lower values ​​of retirement accounts and investments that many customers use to finance their divorce litigation.

Work ethic

Despite their education, experience and position in terms of geographic location and placing on the market, the income of a divorce lawyer will depend largely on your work ethic and the amount of time you are willing to invest in their practice. In private practice, many lawyers will have the luxury of creating your own schedule, a lawyer who devotes his time to do the job, get customers and promote their practice usually earn more than one who devotes his time to the family, hobbies and other leisure activities.

07 Aug

Do I need a lawyer

There are many circumstances in the United States in which a person is entitled to represent himself in legal matters. The Supreme Court has held that the Sixth Amendment to the United States Constitution which guarantees the right the right to consultation also allows a person to represent himself at trial. Similarly, many states have constitutional provisions that allow self-representation. However, this right to self-representation has limits and there are certain circumstances in which the legal consultant is needed.

What is Representation Per Se?

An individual who is representing himself in a litigious matter is called a trial per se. A per se litigant has the right to call witnesses, to petition the court and otherwise zealously represent him in court.

No need for a litigant per a lawyer is or has any legal training. However, by definition, a litigant per se can only represent you. You cannot represent others because if I did would be guilty of unauthorized practice of law and without a license.

For individuals who want to represent themselves, there are state and private resources available to help. Many state bar associations provide assistance to litigants per se. The Internet and law schools also have available legal material.

When is prohibited Representation Per Se?

Most state laws limit per representation when the trial per se acts not only in his-own name but on behalf of others. For example:

Representation of a Corporation: generally, a licensed attorney should represent a corporation in a legal proceeding. This is to protect the rights of all shareholders of the corporation.

Representation of a Probate Estate: similarly, a licensed attorney should represent an estate. Generally, an executor does not act per se because the rights of all potential heirs and beneficiaries must be properly protected.

Furthermore, while per se litigants can act on their own behalf at trial that does not give the whole per se litigant the right to proceed without a consultant. For example:

Appeals: Most Federal Appellate Courts generally do not allow litigants per arguments presented in court.

Judicial Discretion: Sometimes, a trial judge is concerned that the ability of a litigant per se does not allow you to properly defend him or expertise of a litigant per the decorum of a courtroom is maintained and not negative for procedures. In such cases, the court may determine that the litigant per the advice of a licensed attorney necessary to advise you behind the scenes of a trial. The court may also appoint a counselor if necessary.

When Discouraging Representation per Se?

There are also situations in which an individual may have the legal right to represent him and others in which it is not a good idea. For example, if you are a defendant in a criminal trial and freedom is at stake, then, often, it is advisable to have a counselor or to be appointed a director on its behalf. Also, if you are involved in a complicated bankruptcy or civil proceedings where the outcome can greatly affect your personal finances, we recommend the assistance of a lawyer.

Only you can decide if deemed competent to represent him and if you want to take the risks associated with proceeding as a trial per se. If you are not sure how to proceed, it is worth discussing with the local bar association or an attorney licensed in order to get a better idea of ​​how to proceed.

31 Jul

7 Reasons to hire a DUI attorney

Fight back with the help of a DUI lawyer Irvine to avoid these 7 possible consequences of DUI

DUI Lawyer If you have been charged with DUI, not meekly accept a conviction and all the consequences that may involve you. A lawyer for DUI in Irvine can help you make a better result. Here we present 7 reasons why you should hire a professional to help you overcome your DUI charges.

You could lose driving privileges

As soon as you become charged with DUI, your license will be confiscated and immediately suspended sentence as an Administrative Per Se. If convicted of DUI, you may face more suspensions or revocations. By hiring a DUI lawyer in Irvine, you can get a valuable aid in the process of DMV hearing is necessary to prevent automatic imposition of the administrative penalty Per Se and defend against criminal charges that could bring new sanctions.

You could go to jail

DUI convictions carry a possible sentence of up to six months in prison for the first offense, with possible additional jail sentences for repeat offenders.

Your insurance may increase price

If your car insurance provider sees a DUI conviction on his record, probably as a result, will increase your insurance rates. In some cases, they may even withdraw completely its coverage.

He could face travel restrictions

To travel to some countries, like Canada, you must obtain a special exemption to show the existence of criminal convictions. Being convicted of DUI can seriously hinder your ability to travel internationally, especially in the short term.

His career could be harmed

If your job involves driving, do not be surprised if you degrade or fired following a conviction for DUI. You might even lose the right to hold a commercial driver’s license permanently if the Federal Motor Carrier Safety Administration is involved. To make matters worse, have a criminal conviction on your record can make it much harder for you to be hired for a new job.

You could be suspended in college

Some universities the right to suspend any student guilty of DUI are reserved. Clearly this can seriously affect your grades or even their ability to graduate on time.

Next time it could be worse

A final reason to hire a DUI attorney in Irvine to represent you in your current DUI case is that sanctions will worsen with subsequent convictions. You may think that now will save money by not hiring a lawyer, but if you are convicted of DUI again, in the next 10 years could result in heavy fines and not be able to overcome economically.

Get a free case evaluation now

Considering all you will lose if convicted of a DUI, you may want to perform a free evaluation of your case to see how it can help a lawyer. There are many lawyers will be happy to review the basics of your case and provide an expert opinion as to the strength of the charges against them and their ability to overcome them.

24 Jul

Defense Attorney DWI Drunk Driving

Driving While Intoxicated – DWI (sometimes also called driving under the influence (DUI *) is a very serious charge If you fail a breathalyzer test (blowing) when the police stop you and your case is not handled properly. That could result in lifelong consequences.

They have stopped for driving under the influence of alcohol (DWI/drunk driving)? Contact the DWI defense attorney in our city office and make an appointment. Do not give up your right to be legally represented.

This is his first offense DWI? You should always protect yourself from the penalties that accompany a conviction. An attorney with talent and experience in defending DWI cases has 5 years of experience in criminal defense.

  • A DWI conviction can have serious consequences in your life.
  • A conviction for DWI is reflected in his criminal record and your driving record.
  • Your driver’s license will be suspended for a certain period of time.
  • You could go to jail.
  • You must pay fines.
  • You may have to install a device to blow in his vehicle by which you must pay.
  • You will be required to participate in intervention programs and possibly other treatments.
  • Share your car insurance will increase for several years.
  • Indeed, it might be difficult to obtain life insurance with a DWI conviction.

DWI attorney can handle the administrative case at the Division of Motor Vehicles (DMV) including the status of your driver’s license, as well as the defense of criminal charges, including driving under the influence of alcohol (DWI) , open container, driving after consuming alcohol and operate a boat while intoxicated (BWI).

You can be arrested for DWI in motorized lawn mower or parking lot, as well as driving a vehicle or boat.

DWI laws are complex, and the outcome of your case will depend on the specific facts relating to his arrest. For more information and answers to questions like “When should refuse to blow?” and “When I will have my driver’s license?”

Many people will tell you that your case can not be won. That’s because they do not try to win.

17 Jul

DUI AND DWI LAWYER SAN FRANCISCO

So that the police can be charged with a DUI / DWI, there are many strict and exact steps you have to perform. If at any time the police do not meet these steps or you deny your legal rights, or if the “proof” that they were obtained in an illegal manner or if the “test” does not apply at the time of arrest, charges against him could be eliminated.

A breach of DUI / DWI could be the start of a downward spiral of his life. If your license is revoked for DUI / DWI, you will have many difficulties to get to work, see his family, dear, and you will have many other difficulties in their daily lives because you cannot handle. Driving without a license you can cause other serious problems.

Hence, their lives can be affected in a negative way for years. Do not make the mistake of hiring a lawyer who only works with DUI / DWIs. They’re going to take your money but often these types of deals that lawyers do not suit you at all. Many times these agreements can leave you his criminal record tarnished or / and leave their license revoked. You just have to trust a lawyer DWI / DUI rated Rafael Trujillo to represent you in the courtroom. Rafael is a lawyer who only wants what is best for your client. Rafael fight to avoid fines, defend or / and fight to return their license, and fight to clear all criminal records.

10 Jul

Defending a DUI charge accidentally hit-and-run

Drivers who are charged with driving under the influence of alcohol (DUI) face serious criminal charges. Most states impose heavy fines and jail drunk drivers who harm others or cause property damage accidents. The fines and increased jail time increases after the first violation of a driver. In addition, drivers can see your driver’s license suspended for a first offense and a driver’s license revoked in subsequent crimes that leave them without the legal right to operate a motor vehicle.

All these statements can be expanded when the driver is charged with a DUI hit and run accident, because most states also impose significant penalties when the scene of an accident is abandoned.

These serious consequences make it important for those who have been charged with a DUI hit and run, defended before a court.

Some common defenses to DUI hit and run accidents include:

  • You did not drive the vehicle that caused the accident: police officers often identify the car involved in a hit and run accident, but the driver did. They can accuse a passenger or the person in whose name the car is registered to drive the car involved in the accident. While a passenger or car owner may have some responsibility for the accident, it is often not as serious as an accident DUI hit and run;
  • You did not know that you caused an accident while this may not be a complete defense against all the charges against you, you can defend the cause of the accident hit and run, or leaving the scene of an accident;
  • You were not drunk: Similar to the defense described above, a defense in the sense that you were not drunk will not be a complete defense against a DUI accident hit and run. You still need to defend against the charge of hit and run. However, if the police have no physical evidence that the alcohol content in the blood was above the legal limit and was not drunk at the time of the accident, then you might have a defense against the charge of DUI
  • Police have broken the law to obtain evidence: if the police did not follow all proper procedures and did not allow him all his rights during the investigation and arrest, then some of the evidence gathered by police could not be admitted to the trial and you could negotiate a favorable deal.

Defense in a DUI hit and run accident is unique

While the defenses described above are common defenses in accidents while intoxicated, hit and run, they are not appropriate for any alleged DUI accident hit and run. Each defending these cases is based on the unique facts of each case. The facts can lead to a defense that is not listed above or in one or more of the above described above defenses.

For these reasons, it is important to carefully document all the facts about your case to share with his attorney. Remember, any penalties for this kind of accidents can include a felony conviction with large fines, jail time and revocation of the license. For these reasons, it is important to aggressively defend themselves against such charges.

03 Jul

10 TIPS ON FINDING A DUI DEFENSE ATTORNEY

  1. Do not wait! If you are being investigated or charged with a crime (including DUI), you should consult an attorney immediately, you will not be able to find an attorney. If you wait until the day before a court appearance.
  2. Remember that you should hire a professional you can trust. If you feel uncomfortable with the way it is initially treated, is likely to feel uncomfortable with that person as your lawyer. If the lawyer is not professional or cannot trust him, do not hire!
  3. Call at least three lawyers. How many   more initially call more you will understand if you are giving accurate information.
  4. Talk to each lawyer on the phone about the basic nature of the case (for example, charges jurisdiction, next presentation in court, etc.)
  5. Talk each lawyer about/experience level (how long has practiced, where he has practiced, whether it has handled cases like yours, etc.)
  6. Talk to each lawyer about what it would cost an initial consultation (some lawyers charge by an initial consultation, many do not).
  7. If it sounds too good to be true, it is. No attorney must promise that he / she can get your case dismissed. No attorney must promise “to win the case for you.” If you say this better find another lawyer. Remember, you are the judge of first instance and know if a lawyer is properly serving their interests.
  8. If you decide to hire an attorney, read and understand the payment agreement before signing it. Always get a copy of the payment agreement for your records.
  9. Talk to each lawyer about how much he / she charges for a case like the one you described (flat fee? Hourly rate?), how long will take to the case and the amount of advance that he /she needs. Note that the advancement of a lawyer is not the budget total fees. Also remember, hiring a lawyer can be, and often is expensive.

When comparing lawyers may consider hourly rates as a more accurate cost, using the amount of the required advance measure, the difference of $ 100 may not seem like much, but it can add up quickly. For example, if a lawyer works all day if necessary, at a cost of $ 250 per hour, the cost to you is $ 2,250. If Attorney B works the same day, at a cost of $ 350 per hour, the cost would be $ 3,150 – almost a thousand dollars.

That said, it must be true (though not always) Lawyer B may have more experience with that experience may be able to resolve your case faster and more successfully. In short – if rates mentioned are extremely low or extremely high, it is preferable to keep looking for another lawyer.