15. April 2014 · Comments Off · Categories: Impaired Driving

judgeFinding an Attorney after a DUI is a challenging task. Most of the people find it very difficult to identify the best attorney who can represent them in case they are found driving under influence. This implies that you have to sit down and identify some of the tips you can apply so as to land on the best lawyer. After identifying the tips, you are to implement them so as to be effective. Are you likely to be one of the victims of DUI offence? Here are the tips you can apply so as to select the best attorney:

1. Seek Advice From The Experts

These are the people who have been making use of such lawyers. They will assist you with the tactics they have been applying so as to select the best attorney. You can analyze those tricks and select the tricks that will best suit you. Moreover, the experts will be in a position to introduce you to some of the attorneys they know and you will definitely land on the best lawyer to defend you against the DUI crimes. Most of the individuals who overlook the roles of the experts normally find it very hard to locate the best attorneys.

2.  Use Online Methods To Compare The Available Attorneys

This is one of the most effective ways that can be used in finding an Attorney after a DUI crime. This is due to the fact that you will just visit their websites and check on the characteristics of their services. Check through the available websites and take note on the specific features you are looking for and the price range. After touring through all the available websites, you are to choose an attorney whose services are the cheapest and meet your demands. This way, you will be in a position to get the best attorney.

3.  Check On The Practicing License Of The Attorneys

There are those attorneys who are practicing without a valid license. These are the attorneys who may not be genuine and you may not get quality services you need. In order to get the best attorney services after a DUI crime, ensure that you check for those attorneys who are operating with a valid practicing license. In order to be given the practicing license by the licensing agency, their services must have met the minimum required standards and they have the required minimum qualifications. This will give you a chance to access professional service of a genuine attorney.

4.  Consider The Experience Of The Attorney

There are fresh graduates in the field who are trying to get the experience. Besides, there are those attorneys who have been in the field for a longer period of time. You will have to consider the attorneys who have been handling such cases in the court and you will be assured of winning the case. Moreover, you are to study the records of that particular lawyer and check whether he/she has been winning cases similar to you. If he/she has a good record and he/she has been winning similar and even more complex cases than yours, then that is the best attorney to choose.

15. April 2014 · Comments Off · Categories: Field Sobriety Tests

A Breathalyzer test is a testing method that is commonly used to check the alcohol level in human body. There are many officers who use this test to check intoxicated drivers. This test is usually used by law enforcement to reduce the probability of drunk driving in the United States. Breathalyzer is a great device that has a lot of benefits for all users. Because of these benefits, this device becomes very popular today. Here are some reasons why this device is usually used in preventing any drunk driving case.

 

1. Fast result

This device can give instant result when it is used to check the alcohol level from the driver’s breath. Most officers usually don’t have a lot of time for taking care of some drunk drivers. They want to find the best method for testing the alcohol concentration level. Most devices can provide the result in a few minutes. This method is much faster than the blood alcohol testing that is done in some hospitals. It allows all officers to do immediate response after reading the result of this test.

2. Non invasive alcohol test

This is a famous alcohol test that is usually used by many officers. It is a non-invasive testing method. It doesn’t require the blood or urine testing that can be painful for certain people. Many drivers prefer to have this testing method rather than blood alcohol concentration test. Breathalyzer test is safe for all drivers, so they don’t have to worry about this testing method.

3. Affordable way

Many officers want to use this blood testing method for checking some drunk drivers. They are interested with the affordable price of this test. This test can be done in very affordable price. Some experts believe that this testing method is more affordable than the blood or urine testing in any hospitals.

4. Easy to use

This test can be done easily. People only need to use the breathalyzer device inside their mouth. This device is going to detect the amount of alcohol in the driver’s mouth. There is no complicated procedure that may be involved in this testing. Because of this simple procedure, many officers are interested to use this test for checking all drunk drivers.

5. Can be used anywhere and anytime

This is another benefit that is offered by the Breathalyzer test. This test can be done at anytime and anywhere. There are some small Breathalyzer devices that are available today. These devices are available for all officers who want to find the simplest way to detect alcohol in some drunk drivers.

Those are some reasons why this test is usually used by most officers in the United States. This test is used to reduce the rate of drunk driving in this country. This technology can provide accurate result for most officers who want to check some drunk drivers. Therefore, the result of this device can represent the blood alcohol concentration (BAC) level in the human body. Drunk driving is a dangerous act that should be prevented immediately. Most accidents in the United States are caused by this harmful action. Because of that reason, most officers are trying the best effort to reduce the drunk driving rate by maximizing this Breathalyzer test.

15. April 2014 · Comments Off · Categories: DUI Checkpoints

duiblockDUI is one of the major culprits of accidents on the road. In 2011 alone, for every 100,000 in the USA, 3 people are killed in a fatal crash due to drunk driving. Sobriety checkpoints have been a great aide in fighting drunk drivers and keeping the road much safer for people.

Definition

Sobriety checkpoints are basically police stops on the roadways to check for any alcohol impaired drivers. Police officers stop vehicles at random and check drivers for DUI offenses. This is often done during nighttime or during holiday weekends where people are customary to celebrate and drink alcohol.

Process

The checkpoints are conducted in a fixed location. Police officers pull over suspected vehicles in accordance to a predetermined strategy. If the driver proved to be under the influence of alcohol or if the police officer strongly believes so, he can conduct an on the spot sobriety test. This can be done in the form of breathe test. This type of checkpoints can clear of any drunk drivers on the road. It can also help officers catch drivers driving with a suspended or revoked license due to a DUI offense. In some states, not all drivers are required to undergo a breathe tests. Police officers usually stop those they suspect to be drunk driving.

Effectiveness

It is shown in some studies that sobriety checkpoints are effective in keeping the roads accident-free. The heightened buzz and attention on these checkpoints deter drivers from drinking if they were to drive because of a perceived risk of being arrested.

Limitations

Police officers do not have checkpoints all throughout the day. They do their operations during timeframes when they think most drivers are prone to drink and drive. These include after bar hours or during holidays.

These checkpoints also largely depend on the officers’ discretion on which vehicles to pull over and determine drivers who they think are under the influence within a very short time of interaction. The interaction begins during a few moments of conversation with the suspected driver.

Legality

The law regarding checkpoints varies from state to state. Police officers need to consult the state prosecutor of the legal procedures. There are also certain guidelines to follow for evidence to be admissible in a court of law. Therefore, it is also advised that drivers be aware of the state guidelines of checkpoints to protect their rights.

For instance, if checkpoints are lawful in a given state, a public disclosure of these checkpoints should be announced ahead of the setup. In other states, all vehicles should be stopped for an inspection while in some areas, every third vehicle is pulled over. There are also places where the checkpoints should be done within a set amount of time and should be quick and brief.

The legality of sobriety checkpoints is still debatable. In some states, it is illegal and some activists claim that it steps on certain human rights. While checkpoints are known to keep our roads safer, it solely depends on the police work to preserve the integrity of the process and to protect all human rights while upholding the law when arresting suspected drunk drivers.

15. April 2014 · Comments Off · Categories: Field Sobriety Tests

Over the last few years, there have been a number of disposable and single use breathalyzers to become available to the public. The theory is that individuals can monitor their own alcohol blood levels and avoid a DUI charge in the process; however, there are two sides to every story and many other individuals believe the breathalyzers are problematic. This only adds to other controversy of the accuracy of Police breathalyzers, as many of their readings have been questionable – to say the least.

When you’re drinking out on the town after a hard work week, you might try to track your alcohol intake in order to stay below the legal blood-alcohol limit and avoid the expense of a cab; however, it might be difficult to determine precisely just how much alcohol you’ve had. This is where a disposable breathalyzer can be used; they can prevent you from driving when your alcohol level is above the limit.

 

Presently, a number of companies have been marketing a new product they say will solve the DUI problem, and they call it the disposable breathalyzer. Disposable breathalyzers are small instruments that are roughly the same size of a traditional cigarette and designed for single use. The user breathes into one end, then the tube changes colors to indicate whether they have an alcohol blood-content above .08, which is the usual legal limit. Disposable breathalyzer tests can be purchased online, at certain liquor stores, and will quickly be available at retail outlets.

Disposable Breathalyzer Concerns:

A main concern regarding breathalyzers is their reliability. Independent studies are presently being performed in order to determine just how accurate the devices really are, and why some work and others don’t. In the meantime, there isn’t very much information available about the products.

Another concern is that individuals will use the disposable breathalyzers and believe they’re okay to drive when they’re not. Only the future will tell how they perform, but many people are convinced that they will have a positive effect on drinking and driving.

Penalties:

DUI’s are a serious crime, and punishments can be extremely harsh and frequently include stiff fines, license restrictions, probation, attendance to alcohol school, and jail time. These penalties are generally influenced by your previous driving and criminal record, which the court system is certain to review. If you ever experience a DUI or similar conviction, then you need to hire an experienced DUI attorney immediately. They can help you, and you need legal representation. For a DUI case, it’s imperative that you admit to nothing and hire the services of a highly-qualified and experienced lawyer as soon as possible.

Tips on How to Avoid a DUI Arrest:

1. The number one way to avoid a DUI charge is to not drink alcohol before driving. This is the simplest recommendation you can receive. Breathalyzers and the officials administering them often make mistakes, and you will require the services of a qualified attorney to represent you if you ever find yourself in this situation.

2. Always be sure your vehicle’s registration is current. Many stops that eventually lead to a DUI arrest start because an officer noticed expired tags on the vehicle’s plates. Officers are trained to persistently check the tags of vehicles.

3. Make sure that your automobile meets all the legal requirements of the road, including the brake lights, turn signals, mirrors, and running lights. Your tires should be in good condition too. Officers can pull you over if your windows are tinted too dark, and many will pull you over if you don’t have a front and rear license plate. They can even pull you over for playing your music too loudly.

4. Drive conservatively, obeying all traffic laws. Don’t drive to slowly or speed; use your turn signals and always come to a complete stop when required.

5. Check the local report for any mention of organized checkpoints.

6. Stay off your cell-phone while driving.

8. Decide on a designated driver, or take a cab.

Always keep these tips in mind, and if you ever do experience an unfortunate DUI charge, then hire the professional services of a Personal Injury Attorney soon. They will help you.

15. April 2014 · Comments Off · Categories: Impaired Driving

policeThe police are always extra careful to keep evidence in criminal investigations intact almost all the time. However this is not the case with DUI investigations. But why is this so? The only piece of evidence in most drunk driving cases is the Breathalyzer test. The law presumes that the defendant is under the influence of alcohol if the result is .08% blood alcohol or higher. But that’s just how important the evidence is.

Under normal circumstances, you would expect the police to preserve the breath sample. As a matter of fact it is probable that questions of whether the breathalyzer was working correctly might arise later in court and it’s only logical that the police have some form of evidence. The defense may not want to just believe that the results were from the defendants test. Sadly, the breath sample is destroyed within minutes after it’s collected.

But how is that even possible? A defendant appealing his DUI conviction asked the same question a couple of years ago in a California court. The State’s Court of Appeal sided with him and the conviction was reversed.

“The due process simply stipulates that in instances where evidence is collected by the State, as is the case with Intoxilyzer or any other breath testing machine, law enforcement agencies have to establish and follow laid down procedures to preserve the collected evidence or its equivalent for the defendants use.” People Vs Trombetta, 142 CalApp.3D 138(1983)

Is it that hard to preserve the defendant’s breath sample for retesting? The court observed that a “field crimper-indium encapsulation kit” was not only readily available and cheap but it was also approved by the California Department of Health Services. That being the case, why do police destroy evidence in DUI cases?

The State appealed the Trombetta case in the United States Supreme Court and the earlier decision was reversed.

“Anything that the constitution imposes on the States to preserve evidence, the duty shall be restricted to the evidence that might be of crucial help to the defendant. In order to meet this threshold, this evidence must have an exculpatory value that was clear before the evidence was destroyed. In addition it should be of such nature that it would be impossible for the defendant to get similar evidence. None of these facts are met of this case. California Vs Trombetta, 467 U.S 479 (1984)

Really? None of these facts are met in this case? Let’s take a second glance at the Supreme Court’s test;

#1. The defendant’s breath is seen as invaluable and it cannot be used in his or her defense. It’s assumed that the machine is not prone to errors and it seems that reanalyzing the breath sample may not be of any value to the defendant.

#2. How can a defendant be in a position to get similar evidence? He literally has not access to another breath test. He could get a blood test if the police allowed it, but that might be too late to make any difference.

The Trombetta decision, as rightly intended, was a major green flag for all law enforcing agencies across the nation. It basically gave police the mandate to destroy evidence in DUI cases and is very apparent they have gladly complied.

15. April 2014 · Comments Off · Categories: Field Sobriety Tests

Many people are interested to learn about Nystagmus: The Eye Test. This is a famous method that is commonly used to check the drunk driving case. It can be done to find some drunk drivers who are intoxicated while driving. This method has many benefits for all officers and the drivers. There are some important things that people should know about this test. This test is used to check the eye’s movement of the driver. People with high blood alcohol concentration level usually have eye’s movement during this test. It is important for all officers and drivers to learn about this testing method.

1. It is an accurate test

This test is very popular among many officers these days because it can provide accurate result. This is the main reason why this eye test is usually used in reducing the drunk driving case. Most people with high BAC tend to have nystagmus condition. This condition can be represented by the involuntary eye movement that may result in reduced vision.

2. The drivers should remove their glasses

In order to improve the accuracy of this test, the drivers should remove their glasses. This step is very important for all officers who want to get accurate result from this eye test. The officer should see the driver’s eyes directly in order to check this nygtamus condition.

3. The eyes should be seen clearly

This is another important thing that should be considered by both driver and officer. This test should be done in a well-lit area. The officer should be able to see the driver’s eyes clearly. Most officers usually use flashlight to check the eye’s movement of the driver directly. This eye movement should indicate the intoxication condition of most drivers when they are driving.

4. Subject should not face incoming headlights

All officers should know about this fact. The driver should not face the incoming headlights. Some lights may affect the accuracy of this test. The only light source that should be used in this testing method is the flashlight from the officer. It is important for the officer to check the drivers’ eyes very carefully.

5. Should be done by trained officers

This test should be done by trained officers. There are some training programs that are specially created to help all officers improve their knowledge, skills, and expertise in performing this test. The result of this test is considered as valid when this test is administered by trained personnel. Trained officers usually know how to differentiate the eye’s movement from the normal and drunk drivers.

After reading this article, people should be able to learn some important things about Nystagmus test. This test is usually used to reduce the rate of drunk driving in the United States. When people are suffering from the drunk driving case, they can contact some drunk driving attorneys. There are some professional attorneys who have a lot of experience in this industry. All drunk drivers should know everything that they need to do after they are involved in the drunk driving case. Therefore, they need to contact their reliable lawyers today.

15. April 2014 · Comments Off · Categories: Impaired Driving

beerArrest of drivers for driving under the influence is a daily occurrence in most places around the world. Even as enforcement agencies continue to crackdown on these dangerous elements on the road more vigilantly than ever, the number of DUI cases is yet to register a decline. While most of the drivers booked under DUI laws are repeat offenders, there are a few of them who get into the clutches of law for the first time.

All the repeat offenders may be surprised to know that the penalties for DUI have been increased manifolds since they last got penalised for such an act. The legislature has come down more heavily on repeat offenders than first timers. Many state legislatures have enacted laws that mandate compulsory jail time for repeat offenders. The fines have been increased along with the duration of suspension of license.

All the states have uniformly consented to 21 as the legal age for drinking and two thirds of the states have even passes ADR or Administrative License Revocation laws which authorize the arresting officers to cease the license of offenders who resist the breath test.

What is more disturbing than the rise in DUI cases is the rising blood alcohol levels in DUI cases. Earlier offenders used to be casual drinkers while recent statistics reveal that most DUI offenders have been found heavily drunk. All states have lowered the permissible alcohol concentration limit in the blood from 0.10 to 0.08 percent for adults. For drivers under 21 years of age, all states follow a zero tolerance policy which means that any amount of alcohol found in their blood system will invite prosecution.

Facing the Consequences

Many states follow the Habitual Violator Law which slaps felony penalties on three convictions for DUI. Such offenders may face suspension of their civil rights such as the right to vote or the right to own a weapon besides facing permanent cancellation or suspension of driving license for many years. In order to get the license back, offenders may be required to undergo some form of school or assessment program that determines the extent of his or her drinking problem. Some DUI school curriculum put offenders one to one with victims who tell them their painful story of sufferings caused by someone who was driving drunk on the road. This sometimes leads to an awakening of the conscience of the offender who thereafter thinks twice before getting behind the wheel in an intoxicated state.

Many states have mandated certain penalties for repeat offenders, monetary and otherwise, which even an attorney cannot mitigate. Few states have harsh laws for first time offenders as well which include lengthy license suspensions and a weekend in prison.

Holding Drivers Responsible

The judicial system has started holding drunk drivers accountable for the havoc they create on the roads by accidentally killing or disabling someone. The monetary penalties for such offenses may run into millions, besides other criminal penalties that will be slapped on the offender. The message from the society is amply clear: “Zero tolerance to DUI offenders”.