Posts Tagged ‘driving under the influence’

Can a California DUI Be Beaten In Court? Yes, Here\’s How…

Wednesday, March 3rd, 2010

You\’ve just got arrested for driving under the influence in California. You were pulled over just after leaving the bar with your buddies for having an expired registration sticker, or maybe he saw your car swerve. Whatever the reason may be, the officer was suspicious of the situation and ask you if you have had anything to drink. He then decided to test you by administering a breathalyzer test and field sobriety tests which included walking a straight line under his watchful eye, standing on one leg and touching your nose, and following a pencil with your eyes.

Now, you\’re sitting in jail with a group of other people who are also drunk as you all wait to see the judge in the morning. It\’s times like these where everything seems hopeless. You now face jail, or prison, heavy fines, a marred criminal record, and much more. However, if you have a good San Diego DUI lawyer, you can defeat a California DUI charge in court. But you must first find that attorney who will represent you to his or her fullest capabilities.

When looking for a San Diego DUI lawyer to represent you, it is not a good idea to simply pick the first name you see in the phonebook or on the Internet. Rather, you should research the different DUI lawyers in your area and contact each one to question them about their track record.

Ask how many times they\’ve helped their clients beat the DUI charges against them. Ask how long they\’ve been practicing and why you should choose them to represent you. If you do this long enough, soon you\’ll find the perfect San Diego DUI lawyer for you. This is someone who makes you feel comfortable and who also seems as though they are fully versed in California DUI laws.

Overcoming the Charges

Experienced San Diego DUI lawyer knows it is possible to defeat DUI charges in court. You can expect your attorney to meticulously examine the evidence of your case searching for flaws or loopholes he can exploit. For example, he may question the integrity of the breathalyzer device and whether or not it was functioning properly as those machines are known to fail or give incorrect readings. He may even question this time of night it was or the weather that was occurring during your field sobriety test as it may affect the outcome. Was it raining during your field sobriety test?

Because, that could absolutely explain why your car was seen swerving, as cars can hydroplane on slick cement when it rains. It is the job of your San Diego DUI lawyer to devise a plan that both picks apart the prosecutor\’s case against you, while at the same time convincing the jury you are not guilty.

When you\’re arrested for a DUI, it\’s common to feel very alone and scared. But once you find that perfect San Diego DUI lawyer who will stand by your side and fight for you every step of the way, you\’ll soon see you can beat that DUI charge and get on with your life without affecting your criminal record, your bank account, your freedom or your reputation.

Learn where to go for a San Diego DUI lawyer. Stop by Robert M. Jenkins\’s site where you can find laws on San Diego DUI and what you should do.

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Got a DUI? Guide to Finding the Right DUI Lawyer

Tuesday, March 2nd, 2010

After being accused of a DUI, there will be multiple different types of punishments you may encounter. These consequences will almost always include the loss of your drivers license, fines, and the possibility of jail time. Though the penalties will very depending on your location, the consequences have progressively became more and more harsh over the last several years. Fortunately, you can beat these consequences in court but this is normally only possible if you hire a DUI lawyer.

Most DUI cases are not black and white. Even though all states have a designated legal BAC limit, you can even be arrested if your BAC is below it. This means, even if you have only one drink and an hour later decide to drive home and get pulled over, you can still be charged with a DUI. Whether or not you are still affected by the alcohol, if there is traces of it in your system it is possible you will face charges.

There is a very high likelihood that an experienced DUI lawyer will know little-known rules and legal loopholes to avoid a conviction. Considering the fact the that many fines cost thousands of dollars, years of increased auto insurance rates, and jail time, consulting a DUI lawyer is a wise move. Some people try to avoid hiring a DUI attorney because they are avoiding the additional cost, but what they do not realize is if they lose their case it will cost them far more.

After being stopped for drunk driving there are a series of strict rules that the officer needs to adhere to. They are required to log if you looked or acted drunk, which allow them to administer a series of tests. They will usually then give you a field sobriety test, which typically has vague answers.

The decision on whether or not you seem intoxicated, is based entirely on the arresting officers discretion. This may seem biased, because if you seen drunk or not it is his decision. Ultimately it will come down to your word against his in court. If you do not hire a DUI lawyer, your chances of winning this type of argument are not likely.

A common problem with the DUI system involves the electronic equipment that is used. The devices that are used to give you a breathalyzer or blood test can malfunction and give incorrect readings. The issue surrounding this problem is that the majority of people are under the impression that these types of tests are always correct, and believe them over any other evidence presented in the court.

The fact is, many of these devices have been found to be old, malfunctioning, or not calibrated, which will result in incorrect readings. Although, you are unable to make that determination on your own and will need an experienced DUI lawyer to stand behind you.

The situation can be extremely frustrating, as even if you know you were not drunk, you do not have the resources or any way to test the devices. At the same time, you have no way to determine if the police officer had and incorrect or biased judgment. Hiring a knowledgeable DUI lawyer can make all the difference in the outcome of your case, as they will know exactly how to fight your charges.

Discover how to choose a San Diego DUI lawyer. Stop by Timothy J Thompson\’s site where you can learn about a San Diego DUI and what a lawyer can do for you.

categories: san diego dui lawyer, dui attorney, dui lawyer, lawyer, attorney, driving under the influence, drunk driving, DUI, education, law


Life After A DUI Charge, How To Get Back On Track

Wednesday, February 17th, 2010

No matter what county you are in, being charged with a DUI can be a frightening event. Specifically, a San Diego DUI, as with most other county DUI\’s carries harsh consequences that trail the charges and they affect every aspect of your life from your job to personal relationships to your financial situation. What is the right move to get back on track? Can a San Diego DUI lawyer help you? Most likely you are very confused at this point, this article will help you to answer questions you may have.

Normally, those facing San Diego DUI charges wisely elect to consult a San Diego DUI lawyer. They are frightened and want to ensure the absolute best chance of reducing the penalties that will affect the rest of their lives. This is precisely the right thing to do in this situation because a San Diego DUI lawyer is the only one who can effectively get your life back on track again with as little strain as possible.

Accept Responsibility

The correct first step after begin arrested for drunk driving is to take personal responsibility for what has happened. Use this event as a wake up call to get your life back in order. If you think you may have a problem with alcohol, this is your best chance to go into rehab and get it fixed early.

If you do have an alcohol problem, a San Diego DUI lawyer will usually advise you to do this right away, because when fighting these charges in court it looks much better if you have been proactive your treatment.

The DUI Lawyer Role

A DUI lawyer cannot make you check into rehab or sort out your personal problems, but you can be certain they will know crucial legal points that will help you fight the charges. For example, your drivers license will be seized on the spot, but did you know that you have only 10 days to submit the proper paperwork to contest the suspension of your license?

Time is a crucial factor when facing San Diego DUI charges. The California court system doesn\’t have one standard set of penalties. Consequences will vary depending on several factors. When you have any of the following factors against you, you should definitely consult a San Diego DUI lawyer:

* A minor was in the vehicle when you were arrested for DUI.

* You refused to accept the breathalyzer or blood test at the time of your DUI.

* You have prior DUI convictions that exist on your record.

* Your DUI caused a serious injury or death.

* You have multiple traffic violations at the time of your DUI.

These are all factors that can drastically increase your punishment and even get you jail time, so you need a skilled DUI lawyer who understands how to work the system so the outcome is more in your favor.

On the other hand, if you do not have any of the escalating factors listed above, it can be tempting to consider going alone thinking your charges are not \”that serious.\” The problem is the penalty fines typically will be above $1,000 even for your first offense and if not correctly contested in court the charges may become criminal blemishes on your record that follow you forever!

On a positive note, with the help of a skilled San Diego DUI lawyer, and if you make smart decisions, you will be successful in getting your life back in order after facing San Diego DUI charges. It is your responsibility to make the proper changes in your life to overcome your alcohol issues. However, its is the responsibility of your San Diego DUI lawyer to aggressively contest the DUI charges against you and fight to reach a positive result in court.

Looking to find a better deal on a San Diego dui, lawyer, then visit www.sandiegoduilawyernow.com to find the best DUI advice from a San Diego dui lawyer for your charges.


The Best Way To Handle DUI Charges And A Guide For Finding A Great DUI Attorney

Monday, February 15th, 2010

No matter if you were at the bar with your friends or simply having a few beers at home, at some point you made the choice to drive a car and now you\’ve been arrested. Depending on the city you are charged in, penalties may vary, but in San Diego, DUI charges will be very strict, and if you are in fact charged with a DUI, you definitely have a lot of turmoil headed your way. Honestly, only an experienced San Diego DUI attorney can help get you out of this type of situation. A San Diego DUI attorney has a solid understanding of the court system, knows loop holes in the law, and possible ways to get potentially harmful testimony or evidence tossed out of court.

The police officer walks up to your car and asks if you\’ve had anything to drink. He/She may give you a field sobriety test, or a breathalyzer test and/or a blood test. Be aware, you can refuse to take these tests, but more than likely (especially if the police officer is believes you have been drinking) they will simply keep you in custody until they get a warrant that gives them the right to test you and then arrest you if you are intoxicated.

Of course, this all assumes you\’ve been drinking before you got behind the wheel. There have been cases when people were pulled over, tested and arrested for driving under the influence even though they had nothing to drink. In this case, you definitely need a qualified DUI attorney to represent you to get you out of this debacle you\’ve found yourself in.

Now that charges have been formally filed against you for driving under the influence, you have some business to take care of. The first step is to find and consult a San Diego DUI attorney. Be careful though, you don\’t just want any attorney. It is important you find a skilled attorney that focuses on DUI cases. Don\’t worry too much about the cost. When you hire someone to protect your freedom, your driving and criminal records, as well as your reputation, you should not attempt to cut costs. Concentrate on finding the most qualified attorney for you situation. When it comes to legal representation, you normally will get what you pay for, so if you want the best attorney to represent you, be ready to pay more.

By far, the most efficient way to find an experienced attorney is to search online. You should also try to look for testimonials of others who may have had similar experiences in your area. You can also look in the phone book, or even an attorney directory, however, you cannot guarantee these attorneys will be successful at what they do. It is best to interview a few attorneys and ask for testimonials they have from others they\’ve represented in court. Always ask about their court record, to help determine how successful they are. If you find an attorney that is successful in getting reduced charges or having cases thrown out completely, that\’s the attorney you want representing you.

A skilled DUI Attorney will review all the evidence against you and will design a strategy aimed at having your case thrown out completely, or at least having your charges reduced. Many times, breathalyzer tests give incorrect readings, and a knowledgeable attorney can have the test results from this device thrown out; or they may use outside environments such as the weather, to explain why the officer concluded that you failed the field sobriety test.

It is critical you have full trust in your attorney to have your best interests in mind. You hired him to win your case, so listen to him if he tells you to dress a particular way, speak a certain way, or asks you to say something.

Even if the evidence is stacked against you and you think there\’s no way you\’re going to get out of this mess, a good San Diego DUI attorney may surprise you by finding a loophole, or an angle you never thought of that just might save you from years of legal trouble, lost money and tarnished reputation. But you must choose the best San Diego DUI attorney if you hope to receive the best results for your hard earned money.

Looking to find a great deal on a San Diego DUI, attorney then visit www.sandiegoduiattorneynow.com to find the best advice directly from a San Diego DUI attorney for your situation.

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Consequences of Getting a California DUI and How to Select the Perfect DUI Attorney

Tuesday, February 9th, 2010

Got arrested for a San Diego DUI? California begins a lengthy road of turmoil, financial loss, loss of reputation and, in some cases, jeopardy of employment. Therefore, if you drink and drive, you should be quick to contact a San Diego DUI Attorney. It only requires is a few beers, or a few drinks to raise your BAC above the legal limit. Don\’t be surprised if you are found to be over the limit, you will be arrested and will need to quickly hire an experienced San Diego DUI attorney to save you from conviction.

It is important to know, you don\’t need to be absolutely drunk to get arrested for a DUI. You do not even necessarily have to be swerving in between the road lines. You could be pulled over for something not related, such as an expired registration sticker, an outdated license plate, or perhaps a broken taillight bulb. If the police officer suspects you\’ve been drinking, whether he smells alcohol on your breath, thinks he hears you slur your words, or notices that your eyes are overly red, he has enough probable cause to administer a field sobriety test.

When you\’re arrested, you will be read your rights. One of these rights is the right to remain silent. If you have your wits about you, use this right, and then use the next right that says you have the right to an attorney. Even if you don\’t know any attorneys, you will be given a chance to find one. Or, you can use your phone call to have your friends and/or family find the best DUI attorney possible.

Penalties

It is crucial you choose the best attorney, and not even consider representing yourself, as the penalties for a California DUI are both serious and expensive. They are designed this way on purpose. People driving under the influence are driving large weapons. Every year many people are killed by drunk drivers, so it makes sense that officers and California court systems are not friendly to drivers who choose to drink and drive.

When you are arrested, you will be charged with a DUI and will spend the night in the drunk tank. This is the holding cell where most intoxicated people are put in order to sober up before they see the judge in the morning. When you finally see the judge, you will be asked to plead guilty, not guilty or no contest. Most people think that because they had a beer or two, and were arrested for DUI, that they should immediately plead guilty. However, a good San Diego DUI attorney may be able to get you a lesser charge or he may even be able to get the court case thrown out completely.

It is important that you understand if you plead guilty, or are convicted of a DUI, this counts as a felony on your record. A felony alone bans you from some employment opportunities as well as many apartment buildings. You will be responsible for thousands of dollars in fines, fees, and court costs. Usually, you will need to complete an alcohol awareness course, community service, and anything else the judge rules appropriate for your specific case. You will most likely also face loss of work, and/or even lose your job indefinitely. Facing all of these penalties alone is not recommended, it is necessary to hire the very best DUI attorney you can find.

Finding the Best Attorney

There are many ways to go about finding the best attorney in San Diego. Don\’t trust the ads on TV or the ones in the yellow pages. Any attorney with money can make an ad or a commercial and claim to be the best. What you want are referrals.

Do you know anyone or are you related to anyone arrested for DUI and received a reduced charge or had their case dismissed completely by a San Diego DUI attorney? That\’s the attorney you should be looking for. If you aren\’t familiar with anyone who is aware of a good San Diego DUI attorney, the next best step is to jump online and start searching. Normally, you will be able to find some testimonials of local DUI attorneys right in your area. These days, online searching is one of the most efficient ways to find a San Diego DUI attorney. It will save you from lost time, money and reputation that a DUI conviction can bring.

Learn more about locating your San Diego DUI attorney. Stop by Ron Eddings\’s site where you can find out information about getting a San Diego DUI and how to solve it.

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