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Posts Tagged ‘dui’

Why Choose A San Diego DUI Defense Attorney?

November 21st, 2010

DUI arrests are painful in a number of ways, which is why it is important to speak to a San Diego DUI defense attorney as soon as possible. This is because there is a lot of embarrassment that is had by the field sobriety tests that have to take place, even if an individual was not drinking. Then there are the consequences if alcohol was consumed.

The consequences of a DUI in California is the possibility of being sent to jail, fines, the suspension of the drivers license, as well as personal consequences. Everything possible must be done to lessen those consequences so that life can go on.

A quality attorney knows how to reduce or even completely eliminate the consequences. There is no guaranteed that the charges of driving under the influence of alcohol can be completely eliminated, but some cushioning can be provided because an alcohol-related charge can interfere with the job of the person and their personal life in many ways.

One should keep in mind, however, that contacting an attorney needs to be done immediately, especially in order to keep the drivers license. Ten Days from the date of arrest, an individual can request a DUI DMV Administrative Per Se hearing. Having an attorney present can make a considerable difference, versus a person being their own representation.

Then there is the fact that a charge of DUI violates two California statutes as opposed to one. It does seem like it would be one charge, but failure of the field sobriety test or related blood test that shows a blood alcohol level of . 08 is one violation, while the act of driving under the influence is another. In the end, it is what is in the blood that truly matters.

If a conviction does result, then the public will know about it. The offense also finds itself on the permanent record of the person and this can make employers frown upon employing that individual. For a person who must drive as a part of their job, their employer may fire them as a result of not being able to perform job duties due to the DUI. This also means not being able to apply for a job that requires driving or a clean personal and driving record for any reason.

It is clear that a DUI conviction in California can cap potential earnings. Car insurance and life insurance can also become almost impossible to obtain because the insurers view individuals with alcohol-related offenses as unnecessary risks.

A San Diego DUI defense attorney can find loopholes within the system in order to have charges dismissed or can have them reduced. Proper representation by a San Diego DUI defense attorney can also be the difference between a felony and a misdemeanor or a large fine and a small fine. There is a lot of difference to be made when an individual seeks representation rather than represent themselves or goes ahead and pleads guilty to speed the process up, thinking that is the way to get on with their life.

Accident Attorney

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Things Everyone Needs To Know About A DUI

November 19th, 2010

When it comes to a DUI or driving under the influence of drugs or alcohol there are a lot of things that you have to be aware of and things that you must consider. Since this is considered to be such a serious offense it is important to understand the punishments and the charges themselves. There are some main facts that you should be aware of.

If you are pulled over while driving and suspected of being under the influence there are a number of things that need to be done to prove that this is truly the case and that you are impaired to a point where you should not be driving. Keep in mind that there must be some type of blood alcohol test or it is not going to be valid and that you have a legal limit that is dependent upon the state that you were pulled over in. There is also a field sobriety test that could end up really hurting or helping you depending on how you do.

The thing that is most confusing is that your functions have to be impaired for the arrest. However there is a chance that you might have a higher blood alcohol content and still be able to function or you might have a lower content and not be able to function. These are both things to consider before willing submitting to either of these.

You should be aware of your right to request a blood test. A blood test is the most accurate test and you have the right but are often times not informed of that right. So make sure that you request to use your right if you really want to be able to make sure that you are getting the most accurate results in the tests.

One of the first consequences that you will suffer is a suspension of your drivers license. Keep in mind that there is not really going to be a chance for you to drive while you are awaiting your trial. In some circumstances you will be able to actually use a hardship license.

If you can get one of these special permits to drive then there are going to be a number of options for you to go special places including medical doctor appointments, work, activities for your children, or school. There is not going to be an opportunity to drive other places because if you get caught you could be in even more legal trouble. So it is important to only use the permit as it is stated.

There are many consequences that could be a result of a driving under the influence charge. These include that you might have to go through some type of rehabilitation, having to go to jail, fines, or even community service. Depending on the judge, prior offenses and a number of different things you will find that you could end up with any one of the above or a combination of them.

One way to keep yourself protected when you have been charged with a DUI is to make sure that you immediately hire an attorney to represent you. This is the person who is going to make sure that your personal rights are protected. Plus they will be able to help you get the most reduced sentencing possible.

Accident Attorney

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Call The DUI Attorney In Ventura County For Help

October 22nd, 2010

The DUI attorney in Ventura County can help a person who has been accused of driving under the influence of alcohol. A DUI charge is a serious matter and involves two procedural issues. The first issue concerns the driving privilege. The DMV can suspend the accused driver’s license if he does not request a hearing within ten days of the charge.

If a hearing is requested the person who is charged can hire a lawyer to represent him at the DMV hearing. This hearing is separate from the criminal charge of DUI that will be adjudicated by the criminal court but it is just as important as the criminal charge. The experienced lawyer will be able to request that the pending license suspension would be lifted or at least be amended.

At the hearing the lawyer will argue against the automatic suspension of the driver’s license. The person who has been charged with DUI might have to drive to school, to work, or might have to drive in order to care for someone who needs regular medical care. The DMV might amend the license suspension to allow the person who has been charged with DUI to drive in limited cases.

The criminal part of the DUI charge is a matter not to be taken lightly. The one who is convicted of DUI might have to serve jail time if the charge leads to a second or third conviction for the same offense. The charge becomes a felony in some jurisdictions if the charge leads to a second or third conviction for DUI.

The felony conviction will include jail time for the convicted. Even if the charge is less serious than a felony the penalty could include community service, electronic monitoring, and the installation of an ignition interlock device. The person who is convicted of DUI can expect to pay substantially more for auto insurance because insurance companies consider a person with a DUI conviction to be a high risk driver. These are some of the reasons why the person who is charged with DUI needs to consult with an experienced lawyer as soon as possible after the charge has been filed.

An experienced DUI lawyer can build a defense to the drunken driving charge based on many aspects of the charge. For instance, the lawyer can challenge the field sobriety test. The lawyer can challenge the accuracy of the alcohol blood level measuring devices.

The lawyer can challenge the fairness and accuracy of the field sobriety test. If the accused was asked to perform physical movements that the person who is accused could not complete because of pre-existing injury or other medical condition then the test might not be used for evidence. If the police did not have proper probable cause to stop the accused on the road then the charge might be thrown out.

These are a few of the many arguments the DUI attorney in Ventura County might raise on her client’s behalf. The importance of hiring an attorney cannot be stressed enough. Many lawyers offer free consultations to those who are facing a charge of DUI.

Injury Attorney

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Retaining A DUI Lawyer In California Is A Smart Way To Protect Yourself

October 21st, 2010

Most of the time when we hear about an accident or incident involving a person driving while impacted by the effects of alcohol, we automatically make assumptions about that person. The same is true for the majority of people who are considered under the law as you peers. Since the determination of whether or not you are under the influence is left to the discretion of the enforcing officer, you absolutely must have a DUI Lawyer in California if you expect to be treated fairly.

The American culture is extremely fond of automobiles and alcohol, and yet the two are a disastrous combination. Our love affair with the car is such that mass transit systems have never really had much of a groundswell of support from any quarter. Through movies and societal behaviors, with a terrific push from some very sophisticated advertising, the use of alcohol has become a ubiquitously accepted social norm, despite the fact that we all know we make poorer decisions after drinking.

Our fervor to punish those who are driving after drinking is so intense that a person who is the victim of a sober individual who drove carelessly is more likely to be cited at the scene. It is not that officers of the law are intentionally unfair, only that their training and the political and popular climate is so impaired driver averse that they are quick to judge.

It is easy in hindsight to point to an individual that is arrested for drunk driving and conclude they made a bad decision for which they must now be punished. Looked at from an objective viewpoint however, we do not make it easy for an individuals to make the right decision, save the adage that if you have even one drink you should not drive. There is no objective way for a person leaving a restaurant or bar to assess the level of blood alcohol they have, so all they can do is ask themselves if they feel okay to drive.

We are each individual human beings, and our tolerance levels to alcohol are as unique as our fingerprints. Even the same individual will have varying responses to alcohol over time, sometimes less susceptible, sometimes more so. Then there is that field sobriety assessment, it singularly empowers the arresting officer to decide the state of sobriety of the suspect, sometimes at the suspects expense.

There is no question the public safety mandates that our highway patrol and other law enforcement officials need to do everything they can to eliminate the impact of individuals driving incapacitated. Unfortunately, the results of being cited for DUI are the same whether you just decided to pound a six pack of beer, or have taken medication for the first time and are having a bad time with its impact on your system. Medical conditions can also leave one with the appearance of inebriation.

While it does not happen often, there are instances wherein individuals undergoing a period of hypoglycemia which law enforcement has incorrectly diagnosed as drunken behavior. This is a natural result of the overwhelming pressure to eliminate drunk driving as a source of vehicular deaths. There is, of course, logic to the stance that it does not matter what is causing an individual to drive poorly, the danger to others is the same, yet justice would dictate a more reasoned response.

The bottom line is that every situation in which a driver is legally stopped and an officer makes the decision the individual is operating their motor vehicle under the influence of alcohol or illegal drugs is unique. While the visceral reaction of the public with its quick to condemn attitude is understandable, it does not reflect the proper exercise of justice. The only way for an individual so charged to ensure their rights are protected is to retain a DUI Lawyer in California, where public outrage at unnecessary accidents as grown to a crescendo.

Injury Attorney

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DUI In Indiana: Specific Aspects Unique To Offenses In Indiana

October 7th, 2010

IN DWI criminal charges can be prosecuted on one of two bases: Either the state will try to demonstrate that someone was operating a motor vehicle during a time they were drunk (meaning that they sustained a loss of control of their regular thought and faculties as the result of taking alcohol and/or drugs), or by violating the per se law, meaning that they drove with a blood alcohol level of .08% or more.

Owi cases in IN are generally misdemeanor offenses, but the penalty charges in Indiana drunk driving cases can grow drastically in cases where the alcohol level is .15% or more.

Drunk driving laws in Indiana are exceptional in one particular way: Indiana DWI arrests cause the law enforcement officer picking out a choice of blood, breath or urine testing to ascertain the alcohol content of the individual arrested for drunk driving. The person arrested for drunk driving in Indiana has no right to decide on the test, nor any right to consult with legal counsel before selecting whether or not to submit to the test.

The law enforcement officer ought to revoke your license at the moment of your arrest and give you a receipt for it. You are not suspended when the police officer takes your license. The truth is, you can apply for a temporary license until your suspension. A replacement license is a great idea for identification purposes to save you humiliation when asked for I.D. Of course, once the Court or BMV tells you that you are suspended, you can no longer drive and your duplicate license is not valid for driving or identification.

In Indiana there are at least three (3) recidivist or repeat offender penalties for DUI. First, and most significant, Indiana has a habitual substance offender law that could produce up to 8 extra years in jail if filed against a defendent with two (2) or more prior violations. Second, a felony DUI in Indiana usually consists of a prior violations within 5 years of the current charge. Finally, habitual traffic violator status is enforced on DUI violators who accumulate three (3) DWI’s in a ten (10) year period. For that reason, the prior offenses can be an important part of the case. Your attorney must examine the credibility of the prior violation and figure out if post-conviction relief might eradicate one of those offenses.

Legal Advice

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DUI Attorney Phoenix Prevents Convictions

August 6th, 2010

Any time you are cited for a DUI in Phoenix, there could be serious consequences. A DUI attorney Phoenix may be able to help you to have the charges removed or the consequences reduced. The attorney’s work can help to save you money, embarrassment, time and even your job.

Arizona law specifies that a person convicted of a DUI may spend ten days in jail on the first conviction. In addition, you may be fined and sentenced to community service. Fortunately, just because you are arrested for DUI does not mean that you must be convicted of the crime. As a citizen, you do have constitutional rights and an attorney can help to ensure that those rights are upheld.

For some people a DUI conviction could lead to job loss. The jail time could mean not appearing for work and employers are not required to hold your job open. Some employers insurances will not cover drivers who have such conviction. If you are a commercial driver and were driving a commercial vehicle at the time of the arrest, a blood alcohol level of 0.04 could lead to conviction. For some drivers, convictions may mean having to learn a new career.

A second conviction for DUI can mean that you spend up to 90 days in jail. The judge can suspend all but thirty days which must be served consecutively. There are more fines and may be more community service. In addition, you may lose your driving privilege for up to a year. The DUI attorney can help to ensure that if you are convicted you spend the minimum amount of jail time and pay the lowest fines possible.

Drivers convicted of DUI pay much more for insurance than other drivers. Even with an otherwise perfect driving record, your current insurance company may cancel your policy upon hearing of your conviction. Some drivers will be forced to purchase insurance from the state insurance pool where rates are two to three times the price paid by other persons. The cost of insurance can add to the out of pocket fees for a conviction of DUI.

The court may also order other penalties. They could require a auto interlock device. The device is required installation for any vehicle you are driving. You must blow into the device for a breathalyzer test before the vehicle will start. Drivers who fail the test cannot start the vehicle.

Persons charged with DUI cannot afford to face the charges without the help of a DUI Phoenix attorney. You need to contact the attorney as soon as possible so that he can begin to work to have your charges dropped.

Legal Advice

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Tom’s River DWI

April 26th, 2010

You will discover two approaches for the courts to prosecute an individual for DWI in Tom’s River New Jersey. One is to prove they were Driving under the influence (driving under the influence) or Driving under the influence (driving while intoxicated) by seeing driving behaviour and a subsequent field sobriety test. Another is by giving an alcohol breath test and verifying that the individual is above the state’s legal limit. If you or someone you care about has become charged with DWI, you need to find a good Tom’s River driving under the influence lawyer to guide you through the maze that is New jersey drunk driving law.

Being a jack of all trades can be good, especially in something like home remodeling. But in the DWI defense business, the best ones practice Drunk driving law, day in and day out. The drunk driving laws are tough in this state and you need a person who’s a professional in this area, specifically.

Getting arrested for Driving under the influence in NJ is a serious problem. The laws are serious and the penalties are serious. Mandatory suspension of the driver’s license may result from a conviction.

First offenders, testing between 0.08-0.10 blood alcohol level, may get mandatory jail time for at least 12 hours and not more than 48 hours. There are fines and other penalties. It becomes part of the public record. It can be very embarrassing. 2nd offenders get stiffer penalties. Third time offenders may get a mandatory 180 day jail stay, plus increased monetary penalties.

A suspect refusing to allow administration of the breath or blood tests may have to face that refusal when it’s admitted as evidence in court. Your driver’s license could be gone for a long time if you refuse to submit.

The main point here is that Driving under the influence expenses are serious. You don’t hope to face them all on your own. In order to best defend your rights and independence, you should discuss your options with a law firm who has a focused practice on DUI and Drunk driving defense. Ultimately, this is your best bet to obtain the best result for the particular circumstances of your driving under the influence legal problem.

Legal Advice

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