Learn more about alcohol related driving offenses and your rights by going to http://marylandduiattorney.org.
If you have been charged with driving under the influence, you need all the help you can get – which is where the services of a Maryland DUI attorney can help mitigate the damage.
Are you aware of your rights under the law if charged with driving under the influence?
If This Is Your First Offense . . .
Under new Maryland drunk driving laws that took effect on 1 October 2009, if you are convicted of drunk driving for the first time and your blood alcohol content (BAC) level was over .08, you could be sentenced to a jail term of up to a year and fined as much as $1000. If you were transporting a minor at the time of the offense, these penalties can be doubled. In addition, your driving privileges will be suspended for a minimum of six months.
Subsequent Offenses
Fines and jail sentences increase substantially after the first conviction. After a third conviction, the offender faces a $3000 fine, three years in jail and loss of driving privileges for a minimum of eighteen months. If however, the offender was transporting a minor at the time, jail terms and fines are increased by one-third (so, $4000 and four years). The greater penalties also apply if injury or death is involved – in addition to any criminal or civil penalties.
Stricter Standards
Minors and commercial drivers are held to much stricter standards when it comes to driving and alcohol.
In the state of Maryland, it is illegal for persons under the age of 21 years to possess or consume alcoholic beverages. Therefore, a minor can be charged and convicted for drunk driving if any amount of alcohol is found in the system; a BAC level of .02 carries a $500 fine. In addition, the individual faces minor-in-possession charges.
Because of their responsibility for public safety, commercial drivers are also subject to lower BAC limits; .04 is sufficient to warrant conviction on a drunk driving charge.
Other Things to Know
Although the Constitution states that one is innocent of a crime until proven guilty in a court of law, Maryland’s Implied Consent law provides for what amounts to a legal exception when it comes to drunk driving offenses. If stopped on suspicion of drunk driving, you have the right to refuse to submit to testing (blood, breath or urine); however, your driving privileges are automatically revoked for a period of four months for the first refusal and one year for subsequent refusals.
Contacting a Lawyer
DUI and DWI cases are handled on the county level, and procedures vary from one county to the next. It is therefore important to get counsel from a legal professional who is familiar with the courts of the county in question.
A DUI lawyer may be able to get your driving privileges restored under certain conditions; for example, you may be allowed to drive to and from work if you install an interlock (a device that disables a car’s ignition if alcohol is present in the driver’s system). You may also avoid jail time for a first offense by enrolling in an alcohol treatment program.
Xanax-fueled cases of driving under the influence have been in the spotlight more and more over the last couple of years, says Miami DUI Lawyer John Musca. Xanax is a prescription anxiety disorder which is also sold on the street and taken for recreational purposes. The anxiety medication is potentially capable of causing DUI by itself, especially when taken in large doses, but is especially prone to interacting with alcohol and causing a problem. Doctors often prescribe the medication specifically to treat patients who suffer from panic attacks or panic disorders.
Xanax and other prescription medications can have an effect on how alcohol impacts the body from a physical perspective. The Xanax can intensify the impairment of alcohol, leading drivers who have taken the anxiety medicine more impaired after fewer drinks than they would be normally. That means that a woman who had two glasses of wine with dinner might typically not feel too impaired to operate her motor vehicle after that meal could end up with a DUI if the wine was drunk in conjunction with taking Xanax – even if she had a prescription from a physician for the medication.
John Musca goes on to say that Florida police officers report that they are pulling over an increasing number of motorists who are driving under the influence of alcohol and Xanax together, rather than just alcohol. In 2008, law enforcement officials from Pinellas County found only four DUI suspects also tested positive for Xanax at the time of their arrest. Ten years later, the law enforcement officers reported 177 DUI suspects believe to be under the influence of both substances. It has become one of the most common drugs drivers are found to be under the influence of when they are arrested for DUI. Cocaine and marijuana are also found in suspects’ bodies with some frequency, according to police who regularly make criminal traffic arrests.
About John Musca and Musca Law:
With nine offices throughout south, southwest and southeast Florida, the DUI defense attorneys at John Musca Law defend clients charged with driving under the influence of alcohol or drugs (DUI).
Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.
The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.
You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.
John Musca
Xanax-fueled cases of driving under the influence have been in the spotlight more and more over the last couple of years, says Miami DUI Lawyer John Musca. Xanax is a prescription anxiety disorder which is also sold on the street and taken for recreational purposes. The anxiety medication is potentially capable of causing DUI by itself, especially when taken in large doses, but is especially prone to interacting with alcohol and causing a problem. Doctors often prescribe the medication specifically to treat patients who suffer from panic attacks or panic disorders.
Xanax and other prescription medications can have an effect on how alcohol impacts the body from a physical perspective. The Xanax can intensify the impairment of alcohol, leading drivers who have taken the anxiety medicine more impaired after fewer drinks than they would be normally. That means that a woman who had two glasses of wine with dinner might typically not feel too impaired to operate her motor vehicle after that meal could end up with a DUI if the wine was drunk in conjunction with taking Xanax – even if she had a prescription from a physician for the medication.
John Musca goes on to say that Florida police officers report that they are pulling over an increasing number of motorists who are driving under the influence of alcohol and Xanax together, rather than just alcohol. In 2008, law enforcement officials from Pinellas County found only four DUI suspects also tested positive for Xanax at the time of their arrest. Ten years later, the law enforcement officers reported 177 DUI suspects believe to be under the influence of both substances. It has become one of the most common drugs drivers are found to be under the influence of when they are arrested for DUI. Cocaine and marijuana are also found in suspects’ bodies with some frequency, according to police who regularly make criminal traffic arrests.
About John Musca and Musca Law:
With nine offices throughout south, southwest and southeast Florida, the DUI defense attorneys at John Musca Law defend clients charged with driving under the influence of alcohol or drugs (DUI).
Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.
The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.
You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.
John Musca
Xanax-fueled cases of driving under the influence have been in the spotlight more and more over the last couple of years, says Miami DUI Lawyer John Musca. Xanax is a prescription anxiety disorder which is also sold on the street and taken for recreational purposes. The anxiety medication is potentially capable of causing DUI by itself, especially when taken in large doses, but is especially prone to interacting with alcohol and causing a problem. Doctors often prescribe the medication specifically to treat patients who suffer from panic attacks or panic disorders.
Xanax and other prescription medications can have an effect on how alcohol impacts the body from a physical perspective. The Xanax can intensify the impairment of alcohol, leading drivers who have taken the anxiety medicine more impaired after fewer drinks than they would be normally. That means that a woman who had two glasses of wine with dinner might typically not feel too impaired to operate her motor vehicle after that meal could end up with a DUI if the wine was drunk in conjunction with taking Xanax – even if she had a prescription from a physician for the medication.
John Musca goes on to say that Florida police officers report that they are pulling over an increasing number of motorists who are driving under the influence of alcohol and Xanax together, rather than just alcohol. In 2008, law enforcement officials from Pinellas County found only four DUI suspects also tested positive for Xanax at the time of their arrest. Ten years later, the law enforcement officers reported 177 DUI suspects believe to be under the influence of both substances. It has become one of the most common drugs drivers are found to be under the influence of when they are arrested for DUI. Cocaine and marijuana are also found in suspects’ bodies with some frequency, according to police who regularly make criminal traffic arrests.
About John Musca and Musca Law:
With nine offices throughout south, southwest and southeast Florida, the DUI defense attorneys at John Musca Law defend clients charged with driving under the influence of alcohol or drugs (DUI).
Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.
The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.
You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.
John Musca
Xanax-fueled cases of driving under the influence have been in the spotlight more and more over the last couple of years, says Miami DUI Lawyer John Musca. Xanax is a prescription anxiety disorder which is also sold on the street and taken for recreational purposes. The anxiety medication is potentially capable of causing DUI by itself, especially when taken in large doses, but is especially prone to interacting with alcohol and causing a problem. Doctors often prescribe the medication specifically to treat patients who suffer from panic attacks or panic disorders.
Xanax and other prescription medications can have an effect on how alcohol impacts the body from a physical perspective. The Xanax can intensify the impairment of alcohol, leading drivers who have taken the anxiety medicine more impaired after fewer drinks than they would be normally. That means that a woman who had two glasses of wine with dinner might typically not feel too impaired to operate her motor vehicle after that meal could end up with a DUI if the wine was drunk in conjunction with taking Xanax – even if she had a prescription from a physician for the medication.
John Musca goes on to say that Florida police officers report that they are pulling over an increasing number of motorists who are driving under the influence of alcohol and Xanax together, rather than just alcohol. In 2008, law enforcement officials from Pinellas County found only four DUI suspects also tested positive for Xanax at the time of their arrest. Ten years later, the law enforcement officers reported 177 DUI suspects believe to be under the influence of both substances. It has become one of the most common drugs drivers are found to be under the influence of when they are arrested for DUI. Cocaine and marijuana are also found in suspects’ bodies with some frequency, according to police who regularly make criminal traffic arrests.
About John Musca and Musca Law:
With nine offices throughout south, southwest and southeast Florida, the DUI defense attorneys at John Musca Law defend clients charged with driving under the influence of alcohol or drugs (DUI).
Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.
The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.
You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.
John Musca
Jan
10
Chuck Underwood on January 10th, 2010
Despite having a clear criminal record, a DUI first offense in Cape Girardeau County comes with steep penalties. It is best for drivers who are accused of drunk driving to get legal advice from one of the most experienced Missouri DUI attorneys the soonest possible time.
For one, the arrest triggers two separate cases: the first one being a criminal case, and the second, a civil case aimed at revoking the driver’s license. Filed by the Department of Revenue, the second case requires the accused to arrange for a hearing within 15 days following the date of arrest. After such period, the driver’s license is automatically suspended.
Aside from the possible revocation of driving privileges, even steeper are the penalties upon conviction for Class B misdemeanor, which is how a DUI case in Missouri is considered. The person may be asked to pay a fine of up to $500, and may end up in prison for as long as six months at maximum.
There is also the possibility of being put under probation for up to two years. During such period, the offender is not allowed to drink nor drive. Attendance to Missouri SATOP or Substance Abuses Traffic Offender Program may also be required.
All these harsh consequences of a DUI first offense in Cape Girardeau may be put to a minimum, if not totally eliminated, by choosing among the finest Missouri DUI attorneys for legal representation. While DUI laws may be harsh, a seasoned lawyer can match it with an aggressive defense.
RESOURCE BOX
Atty. Diana Wagner Hilliard can help safeguard against the enhanced repercussions of a DUI first offense in Cape Girardeau. Also attending to clients in the counties of Perry, Scott, and New Madris, Ms. Hilliard is one of the most qualified Missouri DUI attorneys. She has been practicing law for more than 20 years and DUI cases comprise 90 percent of her work. Atty. Hilliard is listed on the national directory of DUI lawyers at http://www.1800duilaws.com. Visit the site or call 1-800-DUI-LAWS to contact her.
Jeff Paul is a writer and copy editor who likes to share information on many different topics.
Tags: Against, Cape, First, Girardeau, Harsh, Offense, Penalties, Safeguard
Driving under the influence comes in all shapes and sizes. A DUI can stem from one drink too many or several too many. DUIs can be the result of anything from a burnt out headlight or taillight to speeding, careless driving or an accident. A DUI arrest can even be from an event that you seemingly had no control over, for example getting hit by a motorist who drove through a red light.
You should always closely monitor your alcohol intake when you are planning on operating a vehicle. Your body can metabolize roughly one drink an hour, which equates to one beer, one glass of wine or one shot of liquor. However, it is always recommended that drivers abstain from alcohol completely, or at least strictly limit themselves to one drink.
This sounds easy enough on paper, but when real life circumstances enter the equation it can change. For a variety of reasons, more than a few people have driven an automobile while impaired. If you make this a regular habit or even if you just have one lapse of judgment, you could be looking at your first DUI. Here is what to expect in most states from your first DUI, with some information courtesy of Bradley Johnson Attorneys.
Loss Of License
One of the major punishments associated with DUI convictions is a loss of license. Most states have a tiered system, meaning the higher your blood alcohol level the more severe the punishment. Depending on your level, you could lose your license anywhere from two months to a year.
Fines
The fines associated with a DUI are almost as bad, if not worse, than the license suspension. Expect to pay fines, court costs, lawyer costs and alcohol education costs. In addition, if your state has an accelerated rehabilitation program, that will cost you as well.
Alcohol Education
Alcohol education is mandatory in several states for any alcohol related arrests, including DUI and DWI. As my Seattle DUI attorney pointed out, this can seem like a hassle in the beginning but goes a long way in educating a person to not make the same mistake again. These classes can range from education from a trained alcohol counselor to mandatory alcoholics anonymous classes.
Community Service
My Seattle DUI lawyer also pointed out that the community service is along the same lines as the alcohol education. Although the mandatory hours of community service can be a burden, it can also help you regain your mental well being. Helping people helps rid the embarrassment and shame of a DIU arrest. Most states issue community service hours in the same tiered system as the license suspension…the higher the BAC, the more hours.
Probation
The probation that goes along with a DUI arrest can be every bit as life altering as the license suspension. In Pennsylvania you are not even allowed in a bar while on probation, let alone consume alcohol. In addition, all firearms must be removed from your house while on probation. In some states, it is mandatory to have your BAC tested randomly throughout your probation as well.
Euan McConnell
Jan
8
Chuck Underwood on January 8th, 2010
A top criminal attorney or dui attorney is always in demand. Further, such an attorney who offers free telephone consultations is a most valuable commodity. However, I have heard countless complaints from good people perplexed at the fact that such an attorney is not returning their calls for assistance. Why is this attorney not calling me back they ask? Usually you can count on these mistakes people make when calling such a criminal or dui attorney for not having their legal questions answered.
1.) “My boyfriend wanted to know.” If your boyfriend or girlfriend was in urgent need of legal assistance it would be they who would be seeking your assistance. What if the boyfriend is in jail and cannot call? A criminal defense attorney offering free legal services over the phone does not do it because they are Mother Theresa, but because they do not want the impediment of cost preventing a potential paying client from making a call to you. If a person is unfortunately is in jail, they usually do not have the financial resources to bond out of jail, much less retain a criminal defense lawyer. For such individuals a public defender is usually the best alternative for legal assistance.
2.) “I’m shopping around for a criminal attorney or dui lawyer, please call me.” Someone leaving such a message is sending the signal that cost and not quality of legal representation is what is important to them. For a criminal defense attorney or dui attorney in demand, such a caller is not a priority as such an individual will usually fall for false promises of one willing to take whatever money you will give them only to without fail be disappointed later.
3.) “I’m calling for a free consultation.” As stated earlier a top criminal defense lawyer or dui lawyer only has so many hours in the day to assist good people needing legal assistance. Although free legal assistance is offered, it is offered so as not to prevent a prospective paying client from calling, not as a public service to be available for all in need.
Need help from an Indiana Criminal Defense Attorney? Learn more about Inidiana DUI laws and get the representation you deserve at www.IndianaCriminalLawyers.com
Tags: attorney, Criminal, Defense, from, Help, Need, these, Things
For a dui attorney, the issue as to whether someone should take a breath test when stopped for suspected DUI is one of the most common questions asked. As with most issues in the area of criminal DUI law, the answers are not always clear cut.
Most criminal DUI courts nationwide in association with departments of motor vehicles have some variations of mandatory license suspensions imposed if it is determined by a criminal DUI court judge that someone suspected of drunk driving has refused to submit to a breath test offered. This breath test and drivers obligation to submit to such a test is often known as “implied consent.” Implied consent in simple terms basically is the concept that operating a motor vehicle on state roadways is a privilege and not a right. As a result, even if one were to be found not guilty of drunk driving under a criminal court’s dui laws, depending upon the arresting state, it is still possible to lose one’s license for a fixed period of time simply for refusing to submit to such a test.
Unlike a standard of proof of, “beyond a reasonable doubt,” that a prosecutor must establish to find one guilty of a dui offense, in most, if not all dui law jurisdictions, the proof required to suspend one’s license for refusing to submit to a breath test under the doctrine of implied consent is by a “preponderance of evidence.” Or in other more realistic terms, the police officer’s word versus the word of one suspected of DUI as to whether a breath test was knowingly refused after the suspected drunk driver was advised of his obligation to submit to such a test and the mandatory license suspension that will result if the breath test is not submitted to. It is not uncommon for a police officer to simply read implied consent wording off of an index card in a court of law to meet such a burden of proof.
Don’t I have the right to a DUI attorney under
State DUI laws before deciding to take a breath test?
No. In most if not all criminal law courts the results of a certified breath test as to whether one is above the state’s legal limit for DUI is considered, “non testimonial.” This generally means that breath test results are evidence based on what you’ve done and not what you’ve said. Since performance of field sobriety test and breath test results for DUI are not based on words said they are not usually considered “testimony” for purposes of a suspected drunk driver’s right to have a dui lawyer present in making the decision as to whether to submit to such a test. As always, it is good practice to consult with an experienced dui law attorney in your state as to the application of implied consent laws and a drunk driving officer’s limitations in acquiring potentially incriminating evidence.
Generally, many dui law attorneys would agree that often a decision as to whether one should submit to a breath test is based upon what one fears more; criminal law penalty or mandatory license suspension.
If, for example, one prosecuted for DUI has a lengthy criminal history of drunk driving or other criminal crimes, such a person may wish to deprive the state prosecutor of a valuable piece of evidence, namely a breath test result, where one has no alternative but to roll the dice at trial or face lengthy imprisonment potentially longer than a potential license suspension imposed.
However, in the majority of DUI law cases, if a person is facing a first time or sometimes a second time dui offense, it is often the case that a license suspension imposed up to 10 times longer simply for a breath test refusal is not worth the risk, especially where the suspected drunk driver in consultation with a dui law attorney is not facing mandatory jail time, and does not believe it is in his or her best interest to go to trial.
If you?re dealing with an Indiana DUI, you need the right kind of help. Learn more about Indiana Traffic Tickets and other DUI topics, and get the representation you deserve at IndianaCriminalLawyers.com.
Being arrested for a DUI in San Diego can be a stressful predicament – especially if this if your first arrest. Even though you don’t have to hire a San Diego DUI defense lawyer for a drunk driving case, it may be in your best interest to hire one anyways – especially if you don’t know what steps to take or believe that you are indeed innocent.
It’s important to know that if you are arrested for a DUI, you have a right to a preliminary hearing. Even if you remain in jail, you are still entitled to a preliminary hearing.
A preliminary hearing usually happens within 10 days after you are arrested. If you are released from jail on bond, you are entitled to a preliminary hearing that usually takes place within 30 days of arrest.
The process of a DUI case includes a couple court proceedings. The first one is the arraignment. Next is the preliminary hearing. This is where the judge decides whether or not there is enough evidence against you bring to a jury and support a trial. Your DUI lawyer and the prosecution produce their arguments in the case. The prosecution will provide evidence to support their case. Also, if there is a witness, he/she will testify at this time.
Unless a plea bargain is an option, the prosecution’s job is to convince the judge that you committed the crime of drinking and driving. Your DUI lawyer will try to expose any weaknesses in the prosecution’s claims. For instance, your lawyer may challenge the chemical test results or discover that the blood alcohol test was not administered properly by police or medical staff.
Maria Palma is a freelance writer dedicated to providing San Diego DUI information.
Tags: Diego, Hearing, Preliminary, Right
Jan
6
Chuck Underwood on January 6th, 2010
If you or someone you know has been pulled over and accused of a DUI, you are probably wondering what to do next, and what will happen next.
You are not guilty just because you have been charged.
Many people assume the police always do their job, and always do it well. This is no effort to insult law enforcement generally, but things do happen, and the benefit of the doubt never legally falls in favor of the state. The evidence can sometimes be insufficient to convict you, for instance, if the officer did something outside the rules, or if he stopped you without reasonable suspicion. Tennessee law holds that the officer must have reasonable suspicion that a crime is being committed to pull you over. An officer cannot pull you over merely because he believes you might be drinking – he needs an articulatable (sp) reason. Swerving out of your lane, disobeying traffic laws, and speeding are just a few examples of legitimate reasons to pull you over. You cannot be legally pulled over on a hunch or for even swerving within your own lane.
The Constitution in the Fourth Amendment guarantees you certain protections from unreasonable searches and seizures. Often times, if the facts are otherwise indicative of intoxication, it is the protections of the Fourth Amendment that can result in your charges being dismissed or reduced.
In addition, if you submitted to a breathalyzer test, there are certain protocols that must be followed or the evidence obtained would be considered tainted. The unit used to conduct the test must regularly maintained. You must have been monitored for a period of time prior to the conduction of the test. As well, the test must be validly consented to. If any of these are not satisfied, it is possible that the results of the blood alcohol content (BAC) test could be deemed invalid. Often, this is the state’s key piece of evidence against a defendant. A good DUI lawyer familiar with Tennessee law will be sure to inspect, investigate and research every ounce of evidence against you in an effort to defend your rights and keep unconstitutional evidence from being used against you.
Once you are pulled over, remember: there is no moral or legal rule that you ought to give the state any evidence they can use to convict you. No matter how nice he might seem to be, the officer isn’t your friend. He’s doing his job, and his job is to find law breakers and arrest them. He can often only do this when alleged lawbreakers essentially “turn themselves in” by offering evidence for the state to use against them. You don’t need to do the officer’s job for him!
Tennessee’s second largest jurisdiction is Nashville. DUI Lawyers are plentiful, but finding the right lawyer for your case is an extraordinarily difficult process. You must find someone who is experienced, knowledgeable and aggressive. Your rights, and your freedom, depend on it.
Nathan Moore is a Nashville DUI attorney and Nashville criminal attorney licensed to practice in the state and federal courts of Tennessee. He has represented hundreds of people accused of crimes and is well-versed in the DUI laws of the state. If you are interested in contacting Nathan pertaining to a DUI issue, you can either visit his website and use the submit form or contact him by phone at (615) 346-2213.
Jan
5
Chuck Underwood on January 5th, 2010
California DUI attorneys and dui attorneys throughout the country often lose drunk driving cases because of their own mistakes. This article lists those mistakes to be on the lookout for when going through your DUI case.
These mistakes are made by dui lawyers for three main reasons.
Many dui lawyers are too young and inexperienced to know the law and have the necessary skills to effectively represent a defendant. Many times the young attorneys fresh out of law school will immediately begin representing defendants by taking appointments from the public defender’s office.
The unfortunate people who cannot afford to hire their own dui attorney and get stuck with a new lawyer pay a steep price. While these attorneys are not given the most difficult cases such as sexual assault and murder cases, even the most basic disorderly conduct case can have difficult fact patterns and complex legal situations to work through. And DUI cases are unfortunately considered “easy” cases by too many in the justice system. So these young and inexperienced attorneys will be assigned to dui cases even though these cases can be very complex. These attorneys often get rolled by the prosecution, since they lack trial skills and the confidence to play hardball with the prosecutor.
Yet, even attorneys that have more years of experience often lack the skills needed to win. They simply have not put the time in to learn the law or the skills necessary to properly defend their clients.
Many experienced California DUI attorneys have an inappropriate caseload by taking on either too many criminal cases or too few criminal cases. Some attorneys will take each and every case they can get from the public defender’s office and any case that walks in the door. By doing this, they simply do not have the time that is required to handle the case effectively. Their performance in each case will be less than it should be.
Other California DUI attorneys practice criminal and dui law but only as a small percentage of their overall caseload. You may have an attorney with twenty years of experience. But will that really matter if 90% of his caseload is in the area of divorce law. This attorney will have years of experience, but not the experience you need. It is highly unlikely that they will know the law pertaining to your case as well as they should. Nor is it likely that they will they have the criminal trial experience that is required for a criminal case.
Unfortunately many California DUI attorneys are just too lazy or just don’t care. Attorneys are notorious for waiting until the last minute to file motions and to meet other deadlines in a case. They will do just enough to get by. They will never do more than the bare minimum on a case. They have seen hundreds of cases and know how a case will be resolved just upon reading the report. There is no reason to suspect anything other than the typical plea bargain. And that is exactly what they get. They are a prosecutor’s best friend, because they make his job so easy. The prosecutor can get more of what he wants because he knows this defense attorney is just too lazy to fight.
You do not want these lawyers handling you dui case. You can click here to see a list of great California DUI attorneys in your area. Good luck in your DUI case.
Pierce Langdon
DUIAttorneyAces.com
New York DUI laws are among the toughest in the country, and an arrest under the suspicion of drunk driving will trigger two separate cases: a DUI court case which can result in a criminal record if convicted, and a DMV case which may lead to the suspension of the driving privileges of the accused.
A Westchester DUI case may be filed against a driver for two possible reasons. First, if he is found to violate the New York “per se” law, which bases the driver’s level of intoxication solely on his blood alcohol content or BAC. Second, a DUI case may be brought upon the driver under what is later termed as “common law theory”.
Arrests made based on the common law theory do not require measuring drivers’ blood alcohol level, and are instead contingent upon the opinion of the arresting officer. Upon trial, though, the prosecution has to establish that the driver is indeed intoxicated to result in a guilty verdict. Under Vehicle and Traffic Laws, intoxication is defined as a condition wherein the driver lacks the needed mental and physical skills to remain prudent and reasonable while operating a motor vehicle.
What sets New York DUI Laws apart from those of other states is that it allows individuals arrested for suspicion of drunk driving to consult with a DUI lawyer if they should take the chemical test or not. While getting the chance to call and obtain legal advice may work to the advantage of the accused, this is only a “qualified right”. As such, police officers need not wait for the lawyer to arrive before administering the chemical tests or filing the Westchester DUI case.
Resource Box:
Drivers alleged to have violated New York DUI laws may seek the legal advice of Atty. Jeffrey Jowdy. With over a decade of experience, the lawyer is equipped with the skills to aggressively defend against a Westchester DUI case. Also practicing in Putnam and Dutchess, Atty. Jowdy may be contacted by visiting http://www.1800duilaws.com or calling 1-800-DUI-LAWS.
This article is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. DUI lawyer listings are a paid DUI attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS.
Jeff Paul is a writer and copy editor who likes to share information on many different topics.
Jan
3
Chuck Underwood on January 3rd, 2010
Immediate legal advice from Mississippi DUI attorneys is highly critical once arrested for suspicion of drunk driving the state. The DUI law in Hinds and its neighboring counties has in effect what is known as the “10 day rule”, which puts the driver’s license at serious risk of suspension.
Just like in many other tests, drivers who are accused of violating the local DUI laws in Mississippi have the right to refuse chemical tests, such as breath, blood, and urine test. When this is chosen as an option, though, the state automatically tries to suspend one’s driving privileges for at least three months to a full year. This attempt may even come before holding any DUI criminal trial.
The only way to defend the driving rights of the accused from the suspension is by filing a test refusal petition. The driver only gets 10 calendar days to submit this petition after the letter of intent to suspend has been sent out. Unfortunately, though, the test refusal petition does not delay the processing of the suspension.
In addition, the license to drive that is given after refusing expires after 45 days following the arrest date. Since this temporary license is also non-renewable, the only way to regain one’s driving privileges is to attend the informal hearing, which would determine whether or not the accused is eligible to drive prior to the trial and until the end of the case.
As early as this stage, getting legal representation from one of the experienced Mississippi DUI attorneys is important not only to help in trying to retain the driver’s license. The informal hearing also serves as a chance for the driver and the lawyer to evaluate the facts of the alleged violation of the DUI Law in Hinds, as presented by the officer under oath.
Resource Box:
As a defense lawyer for more than 30 years, Atty. Victor Carmody has handled the greatest number of DUI cases among Mississippi DUI attorneys. He remains to be the only lawyer in Mississippi who is Board Certified by the National College for DUI Defense. Drivers in trouble with the DUI law in Hinds and its neighboring counties may contact him by visiting http://www.1800duilaws.com or calling 1-800-DUI-LAWS.
This article is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. DUI lawyer listings are a paid DUI attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS.
Jeff Paul is a writer and copy editor who likes to share information on many different topics.
Tags: Advice, Attorneys, Driving, from, Legal, Mississippi, Necessary, Possible, Protect, Rights, Suspension
If you are arrested for a DUI in Orange County, it is possible that you can represent yourself in court. However, it is highly advisable that you hire an Orange County DUI lawyer if you are not familiar with DUI laws and procedures in the state of California.
Many people don’t want to hire a DUI defense lawyer because they think it will cost too much. However, it can actually end up costing you more if you don’t hire a lawyer. Your license could be suspended or revoked, you could pay outrageously high fines, and spend more time in jail.
If this is your first DUI arrest and there were no additional or aggravating circumstances such as reckless driving, DUI with a minor in the car with you, or extremely high blood alcohol content (BAC), you may able to get by without a DUI defense lawyer. However, if you are a repeat offender, it may be beneficial to hire an Orange County DUI defense lawyer. There are several reasons why you would want to hire a lawyer who specializes in DUI cases:
A DUI lawyer can analyze your case to check if there are any flaws or inconsistencies. A lawyer can have blood samples independently analyzed. A lawyer can schedule your DMV hearing and make sure all paperwork is filled out correctly. If expert witnesses are needed, a lawyer can arrange for these witnesses to appear in court. A lawyer may have information that you have not considered because of your limited experience with the laws in your state.
Regardless if you do or do not hire a DUI lawyer, it’s still good to be educated about California DUI laws and procedures. However, do seriously consider hiring a lawyer. Keep in mind that when you are arrested for drunk driving, your future driving privileges and criminal record are in jeopardy.
Maria Palma is a freelance writer and internet marketer who specializes in legal, real estate, and business content.
Everyone makes mistakes, and we’re not here to judge. We are entitled to the best legal representation available to us, and we are innocent until proven guilty. Especially with offenses like drinking and driving, your representation will help you prove that you are a levelheaded, practical, decent citizen who had a lapse of judgment – albeit an unfortunate one.
Driving under the influence, DUI, is a funny offense. Not funny-haha, clearly, but funny-awkward, because it falls in a strange place in the legal system. See, it would seem that a DUI is pretty cut and dry. You blow into a breathalyzer, bam. There’s the evidence, there’s the conviction. You were driving with blood/alcohol level over the limit. Guilty, right? Well, not necessarily. A lot of people only get lawyers to help them through their court proceedings, but they don’t bother finding a lawyer who may actually help reduce the charges, because they think there is no point. They drove while drunk, they’re guilty. However, this is not the right attitude to take. Now, we’re not saying you should really go for it and lie, cheat the system, and find a lawyer who will get you off. Again, DUIs are cut and dry. You broke the law, you’re going to have to pay for it somehow. But, a good DUI lawyer can really assess the entire situation and reduce the sentence or the fine, or change it to be a different charge. Basically, you have to pay for your mistake (because let’s face it, it’s a severe one) but you don’t want that mistake to haunt the rest of your life.
What is a DUI Lawyer?
A DUI lawyer specializes in DUI cases just as any other lawyer has a specialty, like malpractice. It’s so important to find a DUI lawyer specifically, because this is their entire career. They have so much valuable experience in defending DUI cases, and because it is their focus, they know ins, outs, details, and fine print that more lawyers of more general practices may not know. Their experience allows them to see every angle.
In any state, you’re looking at some tough charges for a DUI. It’s a serious offense. The right DUI lawyer can get your sentence lowered to a fine, community service, and/or counseling, perhaps directly through AA. Plus, of course the uniform loss of license for six months – although, a DUI lawyer can help your chances of getting a conditional license so you can commute to and from work.
Who should seek out a DUI Lawyer?
Pretty self-explanatory. Anyone who gets arrested for driving with a blood/alcohol level over the limits set by the state the arrest takes place in. You will go to court, you will be charged, you need a lawyer.
What are the benefits of using a DUI Lawyer?
An ideal situation would be if the arresting police officer has made a mistake. Maybe he or she didn’t breathalyze test you both on the scene and at the police station, so the reading may be inaccurate. Maybe he or she was out of his or her jurisdiction. Whatever the case, a good DUI lawyer can get the case thrown out, or reduced, under these circumstances. Remember this should still be a wake up call (ie: stop drinking and driving!!), however you now won’t have to deal with the penalties, or at least not with all of them.
A DUI can seriously affect the rest of your life. It could result in jail time, job loss, losing your driver’s license, increased insurance rates, impounding of your car, probation, community service, and alcohol education/counseling, among other things. The courts will make sure you pay the price somehow, and no lawyer can change that. But a good DUI lawyer can get the charges down to what is manageable, whether that’s a conditional license so you can still make a living, forgoing jail time for community service, etc. You want to protect yourself, because no matter what, you have the right to. Make sure the price you pay isn’t so high you can’t overcome it for years to come. By finding a DUI lawyer in your state, you’re recruiting someone who knows every law regarding DUI in and out. This is a priceless resource.
What are the risks of using a DUI lawyer?
Well, there are no risks of using a DUI lawyer, directly, but you have to remember that the lawyer will be an aid, not a miracle. You broke the law, you will pay somehow. A DUI lawyer cannot make the charges go away if there’s hard evidence like breathalyzer results. But he or she can help you, and can take care of all the things you may not even think of. He or she can reduce charges or find mistakes in the prosecution. You just have to be realistic.
The only thing to watch out for with a DUI lawyer, as with any lawyer or even any service, is cost. Make sure you are thorough and careful with fees. A lot of lawyers charge more to actually fight the case, say if the police were out of jurisdiction and you want the entire case thrown out. Set a budget you can actually afford and work with your lawyer. This is time to pick your battles. You will get the most out of being completely honest, straightforward, and realistic with yourself and your lawyer.
Courtney Iseman is a writer for Yodle, a business directory and online advertising company. Find a lawyer or more legal articles at Yodle Consumer Guide. DUI Law: Protect Yourself
It can be very frightening to be pulled over. If you have only drank a little bit, the officer may make you nervous and cause you to look drunk. You can use these tips to help you save your neck when you see the flashing lights.
From the moment you get pulled over, the police officer is constantly judging you. He is judging every little move that you make, from when you start to pull over until from when he leaves.
The first place an officer is going to collect DUI evidence is from your driving. There are many different signs that an officer looks at to see if someone is driving under the influence or not. If a person is driving too slow, keeps driving off the road, keeps jerking back and forth, reacts slow to things, doesn’t use his blinker, or puts his blinker on way to early. These are some of the biggest ones, but there are many others you want to look at.
Remember that one of the worst things that you can do when you see a cop is brake. Police officers are trained to pull over cars that show their brake lights after they see them, because it makes them look like they are nervous for some reason, or that they don’t want to get pulled over for one reason or another. If you are speeding when you see a police officer, make sure that you do not slam on the brakes but that you allow your car to gradually slow down. Always drive between 4 miles under and 4 miles above the speed limit, making sure that it is at a natural speed. It is not natural for a 25 year old kid to be driving 5 miles below the speed limit, so going slightly over the speed limit is better.
When you see the flashing lights, slow down and put your blinker on right away, and then pull over at the most appropriate time. If you don’t put your blinker on, the police officer might think that you did not see him, which is another indication that you could be intoxicated. You should shut your car off, but if you don’t for whatever reason, make sure you take your foot off the break if you have a manual shift, and put the parking break on. Keeping your foot on the brake also makes you look like an idiot.
You must know where your registration is at all times. Knowing where it is will make it easier to find and less likely that you will fumble or drop it, which is more evidence that you are intoxicated. Remember, anything you do will be used against you in a DUI, and if you are being charged for a drug DUI, it is even more important to act normal, because they probably do not have any solid evidence against you. Make sure that your car is kept clean and that you portray an image of a hard working, law-abiding citizen.
Matt Seweryniak is the author of DUI Attorneys California Online.com.
There are few more helpless and frightening feelings than when you are being pulled over on suspicion of driving while intoxicated. Amidst the chaos and fear, however, it is important to remember that you do have rights. And while no one expects you to possess the knowledge of an experienced Arizona DUI attorney in that stressful moment, knowing your rights will go a long way if you are stopped and charged with driving while intoxicated. The Law Offices of Craig W. Penrod would like to remind you not only to seek qualified legal representation in the form of an experienced Arizona DUI lawyer, but to protect yourself at the scene by remembering and applying these helpful tips.
If you are pulled over on suspicion of DUI, you can expect to be questioned and to be asked to perform any number of field sobriety tests. At this point you should immediately ask to call an attorney. Our office has a 24-hour help line that will allow you to seek advice that can help you protect against incriminating yourself at the time of your arrest. If you are denied your right to consult with an attorney at the time of your arrest, it is a violation of your constitutional rights which could result in the dismissal of your case.
When pulled over always remember that you have the right to remain silent. Other than your name and address, you are not required to answer any questions asked of you, as they will no doubt be questions designed to incriminate you. You will be required to produce identification, registration and proof of insurance, and are required to submit to an analysis of your blood, breath or urine. You are not required to do anything else. You are not required to perform physical or field sobriety tests or submit to the “eye” test. If asked to do so, politely decline.
You have the right to refuse any field sobriety tests or other physical tests, and with good reason. The results of field sobriety tests are dependent upon a number of factors (height, weight, medical conditions, weather and lighting conditions, etc.) and not an exact science. Add the stress of the situation and the odds of passing such tests are exceedingly low. Say no to all requests for such tests; it’s your right and by far your best bet.
Remember that your first move when pulled over for suspicion of DUI is to ask to speak to an attorney. If you don’t know the number of an attorney, the officer must provide you with a phone book so that you may find one. Making this one simple phone call will allow you the lifeline you need to know what to do and what not to do at the scene, and how to protect your rights in an adverse situation
My name is Craig Penrod owner of the law office, we are experienced DWI attorneys protect and enforce your rights when you need it most. Learn more about how our Arizona criminal attorneys and Arizona DUI lawyers can assist you in formulating a defense by contacting our office.
DUI (driving under the influence), DWI (driving while intoxicated), OWI (operating while intoxicated) all refer to the offense of drunk driving — a dangerous trend that takes lives, invites stiff fines, punishment and penalties. An officer can charge you under the DUI laws if you violate traffic rules. The violations may range weaving, swerving, and drifting to braking erratically.
Though some find it tempting to represent themselves in a drunk driving legal case, having a competent attorney, familiar with drunk driving cases is really a necessity. There’s often a chance the case may be dismissed depending on the circumstances.
It’s always so much better not to get in that predicament in the first place. Bear in mind that if you are convicted in a DUI case, you may lose your license, or get your license and car impounded. You may have to pay a heavy fine or you may land in prison.
The arrests in DUI cases are rising because of new, more stringent laws and regulations that have been introduced in many states.
If you still must select a DUI attorney, be careful. Select a competent attorney who has some good experience in DUI cases and he will be the best defense tool for you.
Your attorney can explain the consequences to you after assessing your case so you will be prepared to defend yourself against those consequences. The laws vary from one place to another and it may be difficult for you to know the local “law of the land”. He can help you understand the possibility of license problems, imprisonment, community service etc. He/She will let you know if there are any special laws regarding underage drunk driving and BAC above the limit. A drunk driving attorney will be able to manage the whole process for you.
Andy Taylor runs websites on “DUI Lawyer”. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.
There’s a growing epidemic these days with the justice system and its jails. To put it simply — jail and prison space is in limited supply, especially in heavy populated states like California. Because of this space problem, DUI busts for first timers and even repeat offenders are often punished using methods other than cell time. This will be a small brief that will cover a few of the methods in the California penal system that is used by many counties as an alternate to using jail.
Hard Labor
The California Dept. of Transportation, often known as Cal Trans, is often the go-to party in a California DUI sentence. Since the overcrowding of jails and the heat coming from the ACLU, more and more trash pickers are found along freeways and beaches. Many California DUI lawyers will push for an alternative to jail time using overcrowding as a leveraging argument if the jail sentence is long, but for a short jail time option, working for Cal Trans would be not as favorable since the work is pretty rigorous and jail time sentences are often reduced for non-violent offenders.
Typically a job working with them involves going out in your prison suit and spending a few weeks (depending on the judge’s criteria and mood) on the freeway picking up trash and debris. The DUI offender would be under supervision from an officer.
Rehab and Sobering Up Prevention
Sometimes California courts will trade off time spent in rehab for jail time. According to state penal code section 2900.5 it equates the two as equal given some circumstances.
In a California DUI sentence, the court will determine the time spent in rehab, but usually it’s around a month or so of program attendance. Much of its beginning programs are a “detox” system, which is a mental and physical purge of the alcohol drug and the immediate mental addiction that is associated with alcoholism. And just like rehab, the transition into a sober living environment can count as jail time too. A sober living environment is the more extensive therapy to address the underlying emotional and lifestyle forces that are attributed to addiction.
Electric Monitoring
The most common secondary punishment that can take away jail time sentencing is the ankle bracelet. It’s also becoming a recognizable tool among laymen due to celebrities toting these around their leg. Lindsey Lohan is a prime example for a DUI offender, although some may remember Martha Stuart talking openly about it on her show (although her case was for insider trading charges).
This piece of electronic gadgetry is simply a monitoring devise that allows authorities to know where the DUI offender is located and if they are obeying their California court sentenced curfew or are at authorized places (home, work and a few stores are usually the only options).
1.800.DUI.LAWS (http://www.1800duilaws.com/states/ca.asp) networks and references California DUI attorneys as an online tool for those who are seeking DUI council. They reference bar registered DUI attorneys in California and many other U.S. states. The author, Art Gib, is a freelance writer.
Tags: Alternative, California, jail, Punishments