Posts Tagged ‘Drunk driving’

Ways to Beat a Colorado Drunk Driving Case

Thursday, March 11th, 2010

If you have been issued a ticket for drunk driving in Colorado, either for a DUI (driving under the influence), or for a DWAI (driving while ability impaired), you need to be aware that based on the facts of your case there may be a way to improve you chances in court, or even beat the case entirely.

First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.

It is also possible to get the chemical test thrown out of court. Then the prosecutor is left with no test results to use against you and a big hole in his evidence. Breathalyzers have a strict set of operation rules, and the operator of the Breathalyzer may invalidate the test by not following the rules. In addition, the Breathalyzer must be properly maintained and operating correctly.

The chemical test of your blood also must follow the proper procedures and protocol to be a legally valid test. If you take a blood test, you should always retest the second sample. Sometimes the retest will come back with a lower BAC result that may improve your case. In some instances it may even come back under the legal limit.

Jurisdiction is the the geographic area in which a police officer or police force is allowed to conduct police activities and patrol. In every case, you should verify that the officer who contacted you had jurisdiction in the location he contacted you. If the officer was outside of his jurisidictional limits, you may be able to beat your drunk driving charges.

Even today, in our high tech world of advanced communications, there are still certain court hearings where the officer needs to be physically present in Court to give their testimony. In some situations, if the officer does not appear in court when required to do so, the D.A. won’t be able to proceed with their case against you.

So, how do you take advantage of these strategies, or various other ways to beat a Colorado DUI? First, hire an experienced, local attorney. You need someone who knows everything about drunk driving cases. You also want to hire a lawyer who practices exclusively in the geographical area where you got your ticket. A good local attorney knows the Judges, DA’s, and most importantly the little tricks of the trade in that specific city that will help you get the best results possible.

Don’t hire a lawyer who makes promises or guarantees. An attorney that makes guarantees about results is just trying to get your money by telling you what you want to hear when he has no way of knowing what will happen to your case without first looking at all the police reports, the chemical test reports, negotiating with the prosecutor, etc.

Last, but not least, make sure you have an attorney, even if you have to get the public defender. Do not try to represent yourself, or you will have a fool for a client.

Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for your rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.


Making Use Of A DWI Attorney In San Antonio

Sunday, March 7th, 2010

Finding a DWI attorney San Antonio will be a chore that is both easy, and a bit challenging. The easy part is finding one, the hard part is finding the one who can best help you. These kinds of charges are very serious in Texas, and the consequences can be long and lingering. Criminal charges carry stiffer penalties than the misdemeanors that we used to face. Your freedom and your future are at risk.

Knowing how the laws concerning being legally intoxicated work is quite a challenge in its own right. And then on top of all that understanding all the court proceedings involved, proves to be too much for the average person. This is why hiring the proper attorney to represent you is so crucial to the outcome of your case. They can make or break your case, and be the difference in whether or not you go free, and how much you pay.

An alcohol level of . 08 will make you legally intoxicated when you are in San Antonio. But you don not even have to be legally impaired, you can be impaired in ANY way, from drugs or drinking, and still be charged. If you are a passenger and have an open container, you can suffer a fine of up to $500 for that violation. It does not pay to engage is any of these activities while you are on the road.

If the law should pull you over, it is a smart thing for your to have a valid drivers license ready to show, as well as a proper registration and some proof of your insurance. It is a bad idea to refuse their sobriety tests, as they can take that as admitting your guilt, and on first timers, impose a suspension of your license for 180 days.

For anyone who hold a commercial drivers license and gets pulled over, and refuses the tests, your automatic suspension can be twelve months. And if you are so unlucky as to already have a conviction, and this is not your first offense, you can face a two year suspension. This is very serious business, and you should avoid any semblance of this kind of activity while driving.

Finding a DWI attorney San Antonio is a smart move if you find yourself in any of these positions. They can help you to make the most of this already bad situation, and make it hurt as little as possible. But its worth taking the proper steps to ensure that you do not engage in drinking or drugs and then climb behind the wheel of a car. The penalties have gotten stiffer, and the amount of people getting pulled over has escalated in a huge way.

Getting a dwi San Antonio can be a nerve-racking experience. Speaking with a dwi attorney San Antonio can make a significant difference in the outcome of your case.

categories: DWI attorney,DWI,DUI,drunk driving,lawyer,attorney,law firm,legal


Field Sobriety Tests Debunked By A Seattle DUI Lawyer

Friday, March 5th, 2010

Everyone knows about field sobriety tests. They are the things you see people doing on the side of the road all the time to determine if they are too drunk to drive. But is that what they really show? Pay attention to find out.

Field sobriety tests don’t actually test sobriety at all. That is why most Seattle DUI lawyers refer to them as roadside tests. They are tests conducted by the roadside, but they don’t tell you if you are too drunk to drive. Many people concede they don’t tell you anything at all.

Believe it or not, cops didn’t come up with roadside tests. The transportation folks did. They wanted to keep their roads safe and thought there had to be a way to find out if people were driving drunk without taking everyone in for a test. The only problem is these tests have never reached that threshold. If done perfectly, the tests can give you a probability that someone is too drunk to drive (BAC over .10). That probability is no where near 100%.

Notice that the tests were designed to show a BAC of .10? What do you think happened when the legal limit was lowered? You guessed it, they just magically determined road side tests would show a BAC of .08! And unlike most scientific assertions, roadside tests have never been peer reviewed. Shocking I know.

This is why, when you actually get to court, the cops aren’t allowed to get up there and say that you were driving under the influence because you failed the roadside tests. All they can show is a likelihood that you had consumed alcohol. And to even get there the cops have to show the tests were administered properly.

Now that we all know how inaccurate and misleading roadside tests are, what can we do about it? The first thing is, at least in Washington, to refuse to take them. Here they are completely voluntary, which means refusing to do them can’t be used against you for any reason. Since they can only hurt, why take them?

Want to find out more about Seattle DUI lawyers? Then visit us. We’ll show you how to choose the best Seattle DUI lawyer for your needs.

categories: field sobriety tests, drunk driving, DUI attorney, DUI lawyer, criminal lawyer


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.

categories: san diego dui lawyer,dui lawyer,dui attorney,lawyer,attorney,dui,driving under the influence,drunk driving,san diego,local,california,state,national,law


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