Tuesday, August 3, 2010

Choosing The Best DUI Attorney

It is highly important that you retain yourself a DUI lawyer when you’ve been arrested for suspicion of driving under the influence (DUI). The right kind of DUI lawyer can help your case. Costs from a DUI conviction can really add up, not just financial but emotionally and commitment wise. For that reason, you should seek out legal representation that’s highly skilled in DUI cases.

It can be tricky to pick a lawyer who will be able to fight your case most effectively, especially if you’ve never had a reason to hire a lawyer before. Choosing the right attorney is a bit more complex than just opening up the phone book and picking a law firm at random. You want to hire the most experienced attorney you can find. You can begin by contacting your state bar association, but be aware that because of attorney-client privilege, client reviews are not available within the legal profession as they are for many other professions.

There are lawyers who specialize in all sorts of cases, it’s important that you choose one with specialist knowledge in DUI cases. They will know everything about the law and be able to fight your case as strongly as possible. The right DUI attorney will even be able to argue against breathalyzer or blood alcohol tests. The DUI laws change depending on the state and that’s why it’s important to choose a lawyer from the state where you were arrested. When choosing representation, it’s a good idea to ask about their experience.

Not only do you want an attorney who’s experienced but you need one that is is comfortable with the entire court process. The majority of lawyers will offer free consultation visits and will explain to you what they plan to do for your situation. Choose one that keeps you at ease and makes you comfortable will give you the best representation in court.

Your attorney should ask a lot of questions about your background and the situation. Both can make a huge impact on the strategies used to fight your case. For example, you may wish to avoid plea-bargaining if any criminal conviction will affect your current job.
Be prepared to answer questions about the circumstances of your DUI charge honestly, because your attorney needs to understand exactly what happened before preparing a defense strategy. Your chosen DUI lawyer should understand that criminal charges bring a lot of stress to their clients’ lives, and should show interest and dedication in helping you deal with this tricky situation.
A good DUI lawyer will aggressively defend your case and have both experience and positive results to show from cases similar to yours.

Lawyers don’t come cheap, so don’t forget about the costs that you will have to pay. You need to make sure you know exactly how much they will cost before you choose one.
These costs can vary depending on different attorneys. By choosing carefully you should be able to get the best value for money. Court costs and all other associated costs are expensive and so you will no doubt be looking for affordable DUI legal representation.

Monday, August 2, 2010

DUI Charges – How a Drunk Driving Charge Was Reduced to Reckless Driving

Although drunk driving is not a topic that people openly discuss among friends, almost everyone knows someone who has been charged with a DUI. Those who are lucky to have not been charged with a DUI, have likely at some point in their lives had one or two drinks too many before getting behind the wheel – thinking that they were alert enough to drive.

DUIs are the Most Common Crime in San Jose, California
The statistics show that a DUI is the most common crime in San Jose and in the greater Santa Clara County. During the 2009 Holiday Season alone, there were 632 DUI arrests during the 17 day period running from December 18, 2009 to Jan 3, 2009.

While DUIs are common and most often victimless, the penalties can be very severe for those who are accused and do not fight the charges. More than ever, there is zero tolerance policy at the San Jose Police Department and the Santa Clara County branch of the California Highway Patrol for driving under the influence. A DUI conviction can mean a loss of ones driver’s license, substantial fines, and, in some cases, imprisonment.

For those who find themselves charged with DUI, hiring a private DUI attorney can make the difference between having a lifetime black mark on ones record and a moving on with a clean slate.

San Francisco Man Charged With DUI when Asleep at Side of Road
Consider the experience of one San Francisco resident we’ll call Gary. Gary had recently graduated from Stanford University and was spending the summer enjoying his new freedom and preparing for his medical school admissions test.
Although he was a regarded as a responsible individual with a promising future, he also had a drinking problem.

Several years ago, at age 22, Gary was on his way home from a party in Palo Alto where he had more than a few too many drinks.

He was anxious to get home to San Francisco to see his girlfriend and drove home thinking that he could handle the alcohol as he had many times before.
On the way home on the 280, he realized that he was weaving and at one point almost hit a retaining wall. He realized that he made a mistake by driving and did what he thought was the best thing by pulling over to the shoulder of the road to rest it off.

Gary was startled awake when the California Highway Patrol knocked on his window. He was slumped against the driver’s side door and the key was in the ignition. The officer asked Gary to step out of the car and Gary complied with a field sobriety test including a nystagmus test – which he failed – and a breathalyzer test which registered a BAC of.09 which is just over the legal limit of.08.

California Misdemeanor DUI Penalties

After spending the night in jail, Gary learned that he was charged with a misdemeanor DUI, which carries a maximum sentence of one year in the county jail, substantial fines and temporary loss of driver’s license. For Gary, the most drastic consequence of a DUI conviction would be a criminal record which might impact his ability to get a job and qualify for a medical license. He reluctantly told his parents about the DUI and they agreed that they would help him with legal fees so long as he quit drinking and attended alcohol counseling.

California DUI Defenses
After consulting with a San Jose DUI Attorney Gary learned that DUI charges can sometimes be reduced to a lesser count of reckless driving or dismissed altogether for a number of reasons, including:
1. Lack of probable cause for the traffic stop.
2. A faulty field sobriety test not recognized by the National Highway Traffic Safety Administration.
3. An inaccurate Breathalyzer reading due to calibration issues with the device. c) Physical issues of the accused such as GERD – Gastro Esophageal Reflux Disease – which causes the readings to be artificially high. (Experts say as many as 23% of Breathalyzer readings are higher than actual Blood Alcohol content.)
4. Problems and inaccuracies with the blood test, for those who received it in lieu of the breath test. The most common issue in the blood test is fermentation in the blood vial.
5. The chance that one’s test results got switched with another, better known as Mistaken Identity.
6. Blood alcohol content that was under the legal limit at the time of arrest but higher at the police station, due to factors like having drank on an empty stomach – called Rising Blood Alcohol.
DUI Reduced to Reckless Driving

In Gary’s case, the attorney told him that his case was a good candidate for a blood sample retest by an independent lab. Gary agreed to try this strategy.

After the test result came back, Gary was happy to learn that the lab showed a slightly lower BAC than the result of the police lab. The lower result was not enough to completely dismiss the case, but did allow his attorney to successfully argue for a reduction from a DUI conviction to a reckless driving charge.

Gary avoided any jail time, save for his initial booking. His attorney from Summit Defense Law Offices was able to retain Gary’s driving privilege and later expunged the reckless driving conviction from Gary’s record.

Gary said he has been sober since the incident and is today actively involved in an Alcoholics Anonymous group that provides ongoing encouragement for Gary to stay sober. He says that he’s grateful that he hired a DUI attorney because he was able to move forward with his life with minimal impact to his future plans.

Sunday, August 1, 2010

The Job of a DUI Attorney

DUI, as it stands for Driving under the Influence, is a problem entrapping many innocent drivers. In the entertainment world of Las Vegas, thousands of people are charged and arrested to face further serious consequences.
The scope of law is not limited to arrests only in case an individual who is found to be drunk when driving. But, a DUI charge may be imposed, even if she or he is having a Blood Alcohol Level (BAL) or Breathe Alcohol Concentration (BAC) beyond a prescribed limit.
The penalty under DUI may be even to the extent of termination of privileges allowed to the drivers by the Department of Motor Vehicles.
Profoundly ethical responsibility of a Las Vegas DUI Attorney is the matter of respite to the drivers. An experienced Las Vegas DUI lawyer is committed to defending a victim by every possible legal way out.

In Nevada, many lawyers are totally engaged in DUI cases because of its gravity and far reaching effects of possible victimization of a large number of people.
Knowledgeable attorneys know every single aspect of the law and implied meaning of every phrase or word. The DUI lawyers stand in a better position to assess every circumstance under which a charge has been imposed.
They also know the best course of alternative to adopt for a particular charge.
The regulations under DUI vary from state to state, but the limit of 0.8 is prevalent in most of the states.
The charges and punishment may vary from one state to another for the same intoxication level in breathe.
As such the alcohol concentration (BAC) of 0.8 is an indicative point for imposition of a charge. The gravity of DUI simply multiplies due to the provisions of penalties equivalent to criminal offenses prescribed by the law.

The DUI attorneys are qualified enough to represent the cases in a manner to effectively prove the innocence of an accused person. In most of the cases, the ethics of fair legal fights are held to save blameless individuals or a fair judgment for unfortunate victims of circumstances.
In the case of all types of legal involvements, especially the DUI, it is always advisable to seek services of efficient lawyers. Lot of innocent people unconsciously gets trapped under defiance of legal provisions. For example, according to DUI rules, an officer is empowered to stop a vehicle and conduct sobriety field test. Many drivers confess drunkenness on the spot thus admitting their culpability.

However, many innocent drivers refuse to submit to breathe analyzer. In the latter case, the refusal itself is a chargeable offence resulting in arrest under DUI offence. The former situation is of course an irrefutable situation of arrest for further legal procedures.

All must take a note of basic rule to be sincere and true to their submission to the DUI lawyers. There will be fair chances of a substantive representation by the lawyers when they are thoroughly aware about a charge. A powerful representation may even lead to dismissal of a case.

Saturday, July 31, 2010

Arizona Attorney DUI Criteria

DUI is an acronym for driving under influence (of alcohol or other banned substances). DUI offences are punishable, requiring a hearing in the court. Depending upon the level of alcohol or banned substances in the blood and any injury to man and property in case of an accident, the court decides the punishment for the offender.

It is very important in such offences to get the best possible attorneys, since though the offence may not seem big enough to the offender, the law sees it otherwise and gives the court a right to impose severe punishments.

There are a few criteria that need to be kept in mind, while selecting an attorney in Arizona, in case of a DUI offence. The first and perhaps the most important thing to keep in mind is to never ever think of defending the case without an attorney since the intricacies of the law can only be understood by a DUI Attorney. And yet, not all DUI attorneys are the same and the decision of selecting an attorney could have a big impact on any case.

There may be some attorneys who will attempt to con an accused into something unethical. Falling for such cheap tricks could lead to ruining one’s case. One should also not fall for advertising or marketing gimmicks. Again, it helps to remember that getting an attorney who is not too busy helps, since he or she would have the requisite time and drive to take up the case seriously.

The history of the attorney needs to be checked. There are attorneys with a chronic habit of always pleading guilty for their clients. This may not really be a good idea in every circumstance and therefore it may not be a good idea to hire him.

Also, if the attorney does not have experience handling DUI cases, it is best not to hire him. Look for an attorney who has handled hundreds of cases. In DUI cases, the experience of the attorney makes the real big difference.

Friday, July 30, 2010

Phoenix DUI Attorney

Obviously, Phoenix DUI attorneys understand how this can make life in the future very challenging for someone who has been found guilty of drunk driving.

Not only can it make finding a job difficult, but also it makes travelling abroad challenging, as well as getting car insurance that doesn\'t cost an arm and a leg. There are many ramifications to a DUI arrest, which makes it all the more important to get legal council before going to court.

Experienced Phoenix DUI attorneys can help plan your defense case if you\'ve been arrested with a Phoenix DUI. It is crucial that you contact an attorney within 24 hours of your arrest, as you may not know all of your rights under such circumstances.
Phoenix drunk driving penalties are among the most severe in the country, so having an attorney who is experienced with the Phoenix city state DUI laws can be enormously helpful.

If you have been charged with a DUI, the very first thing you should do is to look up some Phoenix DUI attorneys for a consultation. If you wait too long to do this, you may end up losing your driver\'s license. There are many important points that need to be touched upon during the consultation, so it is wise to come with a notepad and some questions, as you will want to cover all your bases during this meeting.

Professional Phoenix DUI Attorneys Can Help
During a consultation, you will go over the facts of your DUI with the attorney. Your attorney will want to know why you were stopped, how much you had to drink, what you drank, if you took a breath test, if you took field sobriety tests, and if you read your rights. Once your attorney has this information in hand, he or she can begin to formulate what your options are and the best way to go about defending your case.
Once you have signed on with a attorney, he or she will request your police report, which often reveals police mistakes.
This can be crucial in getting your case dismissed altogether or at the very least putting together a solid defense plan.
If you have found yourself in the scary position of having been arrested with DUI, you should seek out knowledgeable Phoenix DUI attorneys that can help you put together a game plan for your defense.
Time is of the essence so don\'t wait more than a day to get started on finding and retaining a lawyer for your case.

A Phoenix DUI lawyer can also help you keep your license, which otherwise you might lose for up to one year.
In addition, there are numerous fines and fees, as well as an alcohol assessment and five years probation that you face if convicted. Don\'t let this happen to you, contact a Phoenix DUI attorney today.

Thursday, July 29, 2010

Arizona Attorney DUI: How Do They Assist You?

Arizona Attorney DUI specializes in DUI attorneys and DUI laws in the state of Arizona. Just think about how a DUI case will ruin your life in Arizona. You are an innocent driver who have not violated any traffic norms in your life, consider following all the norms very seriously while driving.

You consider yourself as a responsible citizen and driver. While driving, some policemen of Arizona stops you, ask you to step out of the car, treats you as a third rated criminal. First ask you to utter a few sentences to check whether you are under the influence of drugs, then asks you to do some physical exercise, photographed, asks you to make a breath analyzer test and finally a blood test.

You do not know whether he or she is an expert in doing all these tests, in the first place. You are not allowed to call anybody for help, in the second place.
Your emotions are at the peak because of this unfair treatment, harassment and frustration.

But you cannot express it because it will be turned against you in the trial later. Don’t you think you need justice? You need your voice to be heard, respected? An Arizona Attorney DUI is what you want at this juncture. They know the language to speak, to understand the technicalities of your problem and bring you out of it. You face with 3 problems totally. One, do not understand the law related reports and its implications for you in the future.

Two, you are under pressure and stress because of this unpleasant situation and need someone to take care of this and Three, not fully aware of the law relating to DUI driving. An Arizona Attorney DUI is the person who will provide all the three for you.
They might have seen lot of such similar cases for years. They would have encountered clients, policemen and legal enforcement cells and knows the ways to tackle and get you the respect which was totally lost in the process of interrogation.

Driving turns sore and brings in unpleasant experience once you get caught in DUI driving. Whether you are right or wrong becomes secondary. To come out of it without getting bonded and without getting the license suspended is a big deal which an Arizona Attorney DUI only can help.

Law is to ensure that people who do not obey rules are brought to track and punished. But in this process, when unskilled people are employed as law enforcers with a negative attitude to harass the innocent drivers, the law itself turns out to be a punishment not to the people who don’t abide the rules but to innocent victims.

Wednesday, July 28, 2010

Comprehensive Arizona DUI Information

SO YOU'VE BEEN ARRESTED FOR DUI IN CHANDLER: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Chandler Police Department, you likely gave a blood test at the Chandler Police Stateion.

CHANDLER POLICE OFFICERS ARE TRAINED PHLEBOTOMISTS: If you've been arrested for DUI in Chandler, you probably had a blood test taken, and it was probably done by a police officer. The Chandler police department has several officers who are trained and certified to take your blood. They have a blood draw room for DUI cases in the Chandler PD.

YOUR CHANDLER ARRAIGNMENT: If you are in Chandler Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go.

HERE'S WHAT YOU NEED TO KNOW: As a Chandler Arizona DUI attorney who practices regularly in Chandler Municipal Court, I can tell you that the Judges and prosecutors are reasonable, but they will not agree to simply dismiss your case.
Electronic Home Detention is available: In Chandler, for 2nd offense DUI pleas, the Chanlder Judges will authorize house arrest in lieu of up to 45 days of a 60 day jail sentence.

How can I best increase my chances of winning a Chaldner Arizona DUI?
If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Chandler City Prosecutor's office may agree to dismiss the charge.

On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.

If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Tempe DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Tempe DUI case, and look forward to discussing your Chandler DUI case options with you soon.