Showing posts with label DUI Lawyer. Show all posts
Showing posts with label DUI Lawyer. Show all posts

A DUI lawyer can help you to prove that a police officer made a mistake. Though most people believe that the actions of an officer are going to be accurate most of the time, and they usually are, there are instances in which the officer makes a mistake through his or her own doing or due to circumstances beyond control. When this happens, individuals may be wrongly accused of a crime. It is possible to fight these charges if you hire an attorney with experience to help you to do so.
How Can They Be Wrong?
A DUI lawyer can help you to determine if the police officer made a mistake or if there is some reason, in which the charges you have are incorrect. It is difficult to do this on your own, especially if you do not have any experience fighting a ticket or charge like this. Since driving under the influence is such a significant charge, it pays to take every step possible to keep it off your record.
What could go wrong? There are many potential concerns that can cause this to occur.
- A sobriety test may be improperly used or the officer may have used the wrong method.
- There may be an instance when the police did not seize a blood sample in an approved method - this could include not telling you that you have the right not to submit it.
- In some cases, the failure of reading the Miranda rights to you at the time of arrest is a reason for fighting the charge.
- In some situations, medications or medical conditions can produce a false positive on a test to determine if the individual is under the influence.
- In other situations, a blood test conducted in a private lab may establish that the charge should not have occurred.
- If a breathalyzer was used, a mis-calibration of the device could be at the heart of the problem. This could produce a false positive and therefore lead to charges that are incorrect.
The driving under the influence charge is wrong in many other instances. Take a few minutes to consider your situation. Are you confident that the police officer acted in the best possible way and that the charges you are facing are accurate?
For those who are not sure, hiring a DUI lawyer can help. Find out what the options are, if there are any, as well as what steps you should take to keep that charge off your record. If you do nothing, nothing will change and you will pay fees, face concerns with long-term driving limitations and even deal with jail time. This does not have to be the outcome, though.
When you need a San Jose DUI Lawyer, do some research before choosing your legal defender. Take some time to consider the qualifications of http://www.summitdefense.com/.

Most people know that a DUI charge can happen when a breath or blood test is over the legal limit of.08. But a lot of people don't realize that a DUI charge can happen even if the test is under the legal limit or if the suspect declined to take the test. How can this happen you might ask? Well it's called the "affected by" prong.
You see in a DUI case the Prosecutor has two ways at their disposal in which to a file a DUI charge. One is under the "per se" prong or in other words when the breath or blood test is over the legal limit of .08. This means that the State assumes a person is intoxicated when they are above the legal limit and it's up to the defense to prove otherwise. The other way is what I described above as the "affected by" prong or in other words the person's ability to drive was affected by alcohol and they were not necessarily over the legal limit. This is done when the Prosecutor doesn't have a blood alcohol level, or they simply don't want to charge under the "per se" prong because the alcohol level was under the legal limit.
The "affected by" prong was created as sort of a catchall for a DUI charge. You see not every DUI charge has scientific evidence. Sometimes people exercise their fifth amendment right against self-incrimination and they decline the breath or blood test. Or in some cases for whatever reason the arresting officer chooses not to ask the driver for a sample. And in some rarer cases the driver provides a test and it is below the legal limit.
In those situations obviously the DUI charge cannot be filed under the "per se" prong because there is no alcohol level to demonstrate the driver was intoxicated. So the "affected by" prong is used to provide a definition of how the driver was intoxicated. That definition states, "A person's ability to drive is affected by alcohol and/or drugs when their ability to drive is lessened in any appreciable degree." As you can see this is very ambiguous and gives the Prosecution much leeway in how to interpret what an appreciable degree is.
Now depending on the circumstances not having a breath or blood test can be helpful in a DUI case. But nevertheless a DUI charge can be filed without evidence of what a person's blood alcohol level was. Even if the blood alcohol level was under the legal limit. To prove a DUI case under the "affected by" prong the Prosecution would more heavily rely on the observations of the driver. Including the observations of the driving, and any physical signs of impairment like slurred speech, coordination issues, bloodshot watery eyes, etc.
Matthew Leyba is one of the premiere Bellevue DUI Attorneys in Washington State. If you have been charged with a DUI don't wait contact a Bellevue DUI Attorney ASAP!

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Driving under the influence of alcohol, drugs or both is a serious misdemeanor since it endangers your own life and the lives of other drivers around you. In the state of California, it's illegal to be driving any motor vehicle when your blood alcohol count is at or above .08. If you're under 21 years of age, a blood alcohol count of .01 or more is illegal. If you are charged with driving under the influence of drugs or alcohol, you should hire a DUI attorney. This type of attorney specializes in DUI cases and will have a greater chance of getting your case dismissed or your punishment reduced.

DUI Penalties in the State of California

Authorities in the state of California take DUI offenses very seriously. The penalties enforced by the court are no picnic!

The first time you are caught driving under the influence could land you in jail for anywhere from four days to six months. Usually a fine of $390-$1000 is charged plus penalty assessments. In some cases the judge may allow you to do community service instead of paying a fine. Your driver's license will be suspended for four months or for an entire year if you're younger than 21. The court will decide if your vehicle will have an ignition interlock device installed or if your vehicle will be impounded. Typically first time offenders are required to attend DUI School for at least three months, and they're kept on informal probation for up to three years.

If you're found driving under the influence a second time or more, the penalties for each offense are harder. You'll be in jail for 90 to 120 days with the possibility of doing 10 days community service in exchange for jail time. You'll be fined another $390-$1000. Your license will be suspended for one whole year, and your vehicle will be impounded. You'll be required to attend 18-30 months of DUI School. For a second time offense you'll be placed under informal probation for 3-5 years, but if this is your third offense or more you'll be placed on formal probation for the same amount of time.

DUI Court Procedure in the State of California

Once you've been stopped and arrested for drunk driving, you'll need to contact your DUI attorney so he can be with you during your arraignment, your first appearance in court. At the arraignment, you will enter a plea of guilty, not guilty, or no contest. Then your pretrial date will be scheduled.

At your pretrial, your DUI attorney will attempt to negotiate with the prosecutor and obtain a sentence without proceeding to an official trial. If he and the prosecuting lawyer reach an agreement, the judge will sentence you immediately, but if no agreement is reached your trial date will be set.

You may choose whether or not you want a jury trial. The trial will proceed with opening statements made by each attorney, evidence presented and witnesses questioned. The prosecutor will present his evidence first, and then it will be your attorney's turn. If you choose to use a jury, the entire jury must be convinced of your guilt before they sentence you as guilty of driving under the influence.

Whether you are convicted or not, it's always best to have a qualified and experienced DUI attorney by your side through the entire process.

A great Sacramento DUI attorney can help you navigate the complicated legal system after you've been ticketed. Before you go to court, visit http://www.sacramentodefense.com/

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One of the most serious driving offenses in New Jersey is the driving under the influence (DUI) or driving while intoxicated (DWI). Once you have been proven under the influence of alcohol or any other prohibited substances, you will surely be facing serious charges and punishment. However, with the help of the DWI Lawyer New Jersey you can still prevent this thing from happening. As a matter of fact, DWI Lawyer New Jersey is the right person whom you need to turn to.

Being involved in this violation is really stressful because of the charges and punishment ahead once the court sentences you guilty in that case. For this reason, asking for DWI Lawyer New Jersey is necessary. The DWI Lawyer New Jersey will help you through to win the case for as long as you coordinate with him and take his or her advices. The DWI Lawyer New Jersey will truly help and guide you in al that he or she can.

A lot of car drivers try there very best for them to find the most reliable and competent DWI Lawyer New Jersey. Lawbreakers of the DWI keep on asking there friends and relatives for them to ask any recommendations or advice with regards to DWI Lawyer New Jersey. In this way, they will be able to fine the best and competent DWI Lawyer New Jersey.

Drivers are really afraid when they have been caught under the influence of alcohol or any prohibited substances. This is because of the serious consequences and is likely to have grave implications on their life since it is a DWI is a criminal case. The lawbreaker may also be charged with some fines or might put in the jail in worst scenarios. The consequences vary with different circumstances and in different states but the basic punishment under the DWI law is almost the same. The name and reputation of the driver might be broken because of DWI case. DWI Lawyer New Jersey is the one who is capable to avoid these consequences happen.

New Jersey is flooded with the best and competent DWI Lawyer New Jersey. For the preparation of your case defense make it sure that the DWI Lawyer New Jersey that you have chosen is not only the best and competent. Make it sure that the DWI Lawyer New Jersey is the leading lawyer in DWI case. You can surely be in good hands with DWI Lawyer New Jersey.

While many people think may never have to tangle with the law, criminal charges can be leveled against anyone, and the services of a criminal defense attorney can be invaluable. Even if you have minor criminal charges such as reckless driving or misdemeanors, an attorney who specializes in criminal defense can safeguard your rights and keep you out of jail.

If you have never been involved in a criminal case before, you may not know what kinds of services a criminal defense attorney can provide. Before you find yourself facing a judge without representation, here are some types of criminal charges that a qualified defense lawyer can help with.

Domestic ViolenceDomestic violence charges can often be very complex legal issues. Accusations of domestic violence can create many problems in the family, but a knowledgeable and compassionate criminal defense lawyer can help sort things out. An experienced criminal defense lawyer will not only know all the finer points of law in regards to domestic violence charges, but a criminal defense attorney also knows how to resolve domestic violence cases so everyone in the family is safe and free.

Parole and Probation

Defense attorney knows how to negotiate with even the strictest and toughest parole and probation officers. In addition to representing alleged violators at Probation or Parole Violation Hearings, The attorney help people on parole and probation and obtaining "revokes and restores" for his clients:

Driving while intoxicated (DWI)

DWI lawyer provides his services as a defense attorney for the accused in a DWI case. The lawyers stand by the client through the entire ordeal from the arrest to bail till the arraignment hearing. Some of the areas where the New York DWI lawyer provides his services include the following:

Protect the seizure of the clients' license.

In case where the license is suspended they the help acquire a conditional or hardship license to their clients.

Ensure that the client's vehicle is not suspended and provide them with legal aid with DMV hearings.

To make sure that the client is pressed with minimum charges.

Drug Charges

Criminal drug charges can seriously impact a suspect's freedom and future, but a qualified criminal defense attorney can keep drug charges from ruining your life. In drug arrests, law enforcement must strictly follow search and seizure procedures so that they don't violate your civil rights. An attorney will fight to protect your rights and challenge law enforcement if they didn't follow procedure.

Criminal Records

If you had criminal charges filed against you as a minor, you can get your criminal records expunged, or wiped clean, once you turn 18. Under certain circumstances, even adults can get criminal records expunged from public record. A qualified lawyer knows all the legal procedures to get your criminal records sealed or expunged.

If you are such a happy go lucky lady who just doesn’t bother about the Drunk driving cases, let me tell you the fact here that you not only can be charged with an enormous penalty but may be asked to stay in police custody, in jail, for a considerable period of time and your license can be taken away as well. So, just stay prepared for the hassles while controlling the steering being impaired by illegal drug consumption or alcohol intake. Never think of dodging the traffic officials, they are even cleverer that what you are. So, more fitting you stay well aware of the traffic rules and laws while driving your car~using your vehicle~operating your car.

Do you want a lawyer or need legal advise from the most viewed Drunk driving website on the internet? Here are direct links to lawyers – questions and answers – click here DUI Assistance and help

However, let’s think of the worst. Once you get arrested by the DUI case, the very 1st thing you need is to contact with a capable DUI attorney to plead on your behalf and get a better understanding of the further legal proceedings. If you are accused of such a crime your social stand, your reputation, your immigration status and even your job may be at stake. So, you must try to keep your legal back ground clean so that nothing can harm your repute by any means. Now the result you get after the criminal justice depends upon the experience and knowledge of the DUI lawyer~Drinking Under the Influence you have chosen to represent you in front of the jury. Now with so many lawyers to choose from, how will you select the one that would prepare you for the best defense possible?

You can consider the following steps to get the best DUI Attorneys~Drinking Under the Influence Search in Google for the attorney in the are you were been charged with DUI case. To the search you must also include the specific type of Drunk driving charge you have been accused to, like drug trafficking, DUI~Drinking Under the Influence etc. After you have short listed the lawyers, narrow down your search considering the credentials of the attorney. Things you need to consider are their education, federal court experience and rate of success. Now visit their bsuiness websites to look for the cases in their portfolio.

Even though the fees are the least discussed part of any of these sites, you must also keep their charges in consideration to see whether it is matching your budget limit or not. Most firms offer free consultation to help you see if the trust can be accomplished. So, try to meet the Drinking Under the Influence attorneys in person, which will give you a more fitting understanding about their capabilities.

Now, even after having a good deal with the DUI attorneys, you will be asked to submit yourself to a chemical testing. Here your attorney may request the court to allow you an independent facility. This is an important aspect for the preparation of your criminal trial. After making an arraingment, the case progresses towards a pretrial conference, where you get the chance to meet the prosecutors of your case. If your luck favors, you can also get an extension of plea bargaining by the process.

By law there is only one pretrial conference but the Drunk driving attorneys can request for more than one to get more time to investigate the case and gather more evidence. This effort gives you more chances to win. Finally you may even get an acceptance of the plea bargaining even! Well what does that mean? Acceptance of the plea bargaining does simply mean the Dui charge is put to an end. Exciting indeed! So, considering all the above fact, you need to pay more attention in electing the right DUI~Drinking Under the Influence lawyer for your case to end up successfully. Look here for more help Legal help and DUI assistance.

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