Posts Tagged ‘dui defense’

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


Going To Court Minus A Criminal Attorney Could Be The Worst Decision Ever

Sunday, February 7th, 2010

This is a very important article, so I don\’t want you to get to the end and then discount it because you found out I was a Seattle DUI lawyer. I am. And it doesn\’t have anything to do with this article. This information applies across the board, no matter what town or state you live in. The bottom line is, if you are in trouble, get a lawyer.

I hope people read this article and decide that the most important decision they can make if they are charged with a crime is to speak to a criminal defense attorney as soon as possible. Waiting until your court date is over, like many people do, is about the worst decision you could ever make. Criminal charges are no joke, and you need help to fight them.

And on top of not hiring a DUI attorney for help, a lot of people break the cardinal rule of criminal defense when they get the court by going up and talking to the prosecutor! They look so inviting and nice, but they are there to put you in jail. Just because the DUI attorneys in the room go up and talk to the prosecutor doesn\’t mean you should.

You should stay away from the prosecutor because it causes a lot of problems. The prosecutor doesn\’t want to talk to you then (or ever really), they just want to get you in and out of arraignment. And, like we just said, the prosecutor is against you, so you don\’t want to tell them anything about your case, particularly if they don\’t already know it.

Does it make sense yet why you need a DUI attorney on your side? Without one you are playing at a significant disadvantage. If you were playing basketball, wouldn\’t you want a coach on your side? The same rule applies here. You need someone that knows the lay of the land, knows strategy, and can help you maximize your strengths.

If you are ever charged with a crime, including a DUI, don\’t wait until after your court date to get an attorney. And if you can\’t afford a DUI lawyer don\’t talk to the prosecutor. Just say not guilty, get your DUI lawyer appointed to you, and go on from there.

Looking to find the best value on a DUI attorney Seattle? Then visit us to find the best information on picking the right Seattle DUI lawyer for you.

categories: crimes, driving under the influence, beating criminal charges, criminal attorney, DUI defense, criminal defense


If You Are Facing Trouble Don\’t Talk To The Police

Saturday, February 6th, 2010

Anyone ever tell you not to talk to the cops if they think you\’ve done something wrong? Ever talk to someone that did exactly the opposite or find yourself doing that if you are ever in that situation? There is an old saying that goes something like \”nobody talks, everybody walks,\” and it\’s true. I\’m a Seattle criminal attorney, so I know how effective silence can be.

Nobody wants to talk to the police when they come up. But it seems like a majority of people end up spilling their guts all over the place by the time the cops leave. It doesn\’t have to be that way. You can stick up to the cops. And here\’s a few things that might help you do that if you ever find yourself in that situation.

The first thing you need to understand is you aren\’t as smooth as you think you are. As you are rattling on and on about whatever the cops are asking about they aren\’t believing a word you are saying. They\’ll just let you talk and talk until eventually you say too much and they can arrest you. Don\’t be fooled at this stage of the game.

Next, comes your super sleuth abilities. In reality, you don\’t have any. People think they can outsmart the cops all the time. Trust me when I say you can\’t. Do you know what wins investigations and court cases? Limited evidence. Don\’t talk, stop the investigation in its tracks, and thank me later.

Last but not least, despite what cops say and do, being silent won\’t hurt you. It can\’t be used against you later. It can\’t be a basis for assuming you are guilty. And it can stop a police investigation into you in its tracks.

In the end, the choice to remain silent is going to be up to you. It will be hard. The cops know how to pressure you to get you talk. They know how to make you feel guilty. They know how to make you scared. Eliminate that. When they start talking you tell them you\’re not talking and demand to speak with a criminal attorney.

Already charged with Seattle DUI and looking for a good Seattle DUI lawyer. Visit our site and give us a call. We\’ll talk to you about your case, inform you about your options, and see if we are the right fit for you.

categories: DUI defense, DUI laws, driving under the influence, crimes, criminal law, criminal attorneys, law


Your Criminal Defense: Getting The Right Lawyer For You

Wednesday, February 3rd, 2010

When a person is looking at criminal charges, more often than not, they are better off discussing their situation with a qualified criminal defense attorney. Regardless of whether or not the person hires the prospective lawyer, getting an initial consultation will provide insight into options that the accused probably didn\’t consider themselves. Specifically, the criminal defense attorney will be able to outline a course of action and discuss the consequences of various outcomes.

Experienced criminal defense lawyers know the intricacies of defending against criminal charges. These may include exercising rights, defenses, and other procedural options that most criminal defendants would not be aware of without the assistance of a professional criminal defense attorney. Too many times, a criminal defendant does something that hurts their chances of a more favorable outcome because of a lack of information about what they should be doing.

It is also worth noting, that many of the pretrial options available to a criminal defendant may be deemed waive if not properly exercised. For example, there are pretrial motions available to a defendant that may be used to get charges dropped at different stages of the criminal case. However, if the defendant does not exercise these motions, they will lost the ability to use them later on in the case.

Each state and some of the major cities have groups and organizations of criminal attorneys. Many of these groups may offer some form of lawyer referral. These directories can be useful in finding local attorneys to interview. Also, there are a multitude of attorney directories on the internet. It is important to keep in mind that some of these directory listings are paid advertising for the participating lawyers.

As the say goes, you don\’t get anything without asking. This is no more true than when it comes to hiring a criminal defense lawyer. Make sure you ask any questions you have, at first by phone, and then at your initial consultation. Be sure to clarify the lawyers fee structure and whether they will offer you a free initial consultation. It is crucial that you ask the prospective lawyer about their experience in trying criminal legal matters like yours.

Find a local Neptune New Jersey drug defense attorney near you today. Schedule a free consultation with a local Neptune New Jersey attorney who handles drug defense legal matters.