Posts Tagged ‘dui attorney’

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


Seattle DUI Defense Attorney | Ascertaining Value

Friday, March 5th, 2010

Shopping for a Seattle DUI attorney is sort of like shopping for a lot of other services – you are never quite sure if you are paying too much, too little, or just the right amount for your services. Because what you pay for isn’t really tangible, it’s hard to know. Here’s a good way to determine if you are paying the right amount.

One of the primary factors in setting a fee for many Seattle DUI lawyers is their level of experience. Experience is often tallied in years, not in knowledge attained, though, so it can be misleading. But, on average, an attorney with experience is going to have the minimal knowledge necessary to get the job done. And fees are usually commensurate with experience.

After experience comes expertise, which should probably be a more discerning factor in setting or paying a fee. Expertise is experience in the specific area that you need help. For example, a Seattle DUI attorney is going to demand more to defend your DUI than a contracts attorney. They know more about the subject, will give you a better chance at a good outcome, and actually know what they are doing.

Another factor is effort. What I mean is, some people will charge you a lower fee but tell you up front that they are only going to to x, y, and z things. If a or b is needed you are just out of luck, because their fee doesn’t cover it. In the DUI sphere this often involves working on a case up to trial. If you want a trail it costs more.

It depends on what your particular situation is, but most people feel more comfortable paying a little bit more money to know they will get the maximum effort from their Seattle DUI lawyer. In this case you are truly getting what you are paying for.

Finally, when you think about purchasing a service like this, think about what you are buying – the trust that someone will take your reputation and livelihood in their hands and get you the best result possible. Like choosing a surgeon, the cheapest option probably isn’t always the best option.

I’m in the service industry and when I’m buying other services I’m never 100% sure I’m paying the right amount. But every time I purchase services I am confident I’m paying enough to get the right person for the job and the results I expect. And that’s about all you can do.

Learn more about hiring Seattle DUI lawyers. Stop by our site where to find out all about what a good Seattle DUI defense lawyer can do for you.

categories: legal fees, DUI fee, criminal defense fee, DUI attorney, criminal lawyer, professional services


Seattle DUI Attorney Explains How To Fight For License After DOL Suspension

Wednesday, March 3rd, 2010

In Seattle, just like the rest of the country, if you are driving a vehicle you have impliedly consented to providing a sample of your breath to determine your breath alcohol concentration if the cops believe you are driving under the influence. And, if you provide a test (after talking to a Seattle DUI attorney), and it is .08 or over, you will be facing a driver’s license suspension by the Department of licensing (DOL).

But you have a chance to fight it. If you appeal the ruling within 20 days of the date of the test you get the opportunity to contest the license suspension and retain your driving privileges. You can attack the suspension on one of four grounds.

First, that the cop didn’t have probable cause to stop you. To pull you over, the cop can’t just have a hunch that you are drunk. There has to be a valid reason. Most of the time the cop witnesses a traffic infraction. These can range from a broken headlight to improper lane change to speeding. But if they don’t pull you over for a valid reason, nothing that is discovered after that can be accepted as evidence.

Next, assuming the cop stops you for a traffic infraction, he’s got get enough evidence to form a basis to proceed to a full blown DUI investigation. Much of the time this is slurred speech, droopy, watery eyes, etc., etc. They are all the things you know the cops say they see when they pull someone over. If there isn’t enough there, though, then they can’t investigate for DUI, and, you guessed it, you win.

If the stop and the investigation are good, then the cop has to give you an implied consent warning before he gives you the breath test. This warning tells you everything the state thinks you should know about the consequences of the test (and refusing the test). It is a requirement that you read and understand these. If you don’t, the test is no good. You win.

Finally, that the breath test was administered properly. Many times at issue is the 15 minute observation period, which, if not followed, renders the test unreliable and inadmissible. If any other issues arise, they may keep the test out too.

In the end, the best way to fight at a DOL hearing is with a Seattle DUI attorney. They understand the law, understand the responsibilities of the cops, and can present the best possible case for you.

Want to find out more about hiring a Seattle DUI defense attorney for your DOL hearing? Then visit our site. We’ve got a lot of information on choosing the right Seattle DUI lawyers for you.

categories: DUI, driver’s license, criminal defense, DUI defense, DUI attorney, professional services


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