Crucial Tips on Fighting a DUI with a DUI Attorney
March 1, 2010 | Leave a Comment
So you admit you have a few beers while watching the big game at your friend’s house. Then you got tired and decided to drive home. All of a sudden, you realize you’re being pulled over by the cops. they tell you it’s because of an expired registration tag, but then shines a flashlight in your eyes and ask if you have been drinking. You tell him no, and asks you to step out of the vehicle. He then arrest you under the suspicion of driving under the influence and takes you to jail. One small mistake and you are now faced with a DUI charge, which in California can be very harsh. However, can fight the charges in court with an experienced San Diego DUI attorney.
Normally when you are arrested while intoxicated, you will be immediately taken to the drunk tank to sober up with other drunk people in a very similar situation as yours. Because the frequency of drinking and driving cases has been steadily increasing, California prosecutors are usually very strict to those suspected of breaking this law. A California prosecutor will typically recommend heavy fines, long probation sentences, community service, and if you happen to hurt anyone in the process - prison.
An experienced San Diego DUI attorney will review the evidence of your case and design a strategy to beat the charges. The first step is to find a skilled DUI attorney. Check your local yellow pages or take your search online and contact a handful of attorneys in your area. It is important to note how long each attorney has been practicing and his or her success record. However, it is common that people select their attorney by the vibe for feeling they get after speaking with them.
That’s what a good DUI attorney is: he’s your advocate. He’s on your team. He wants to help you. His reputation is at stake. He won’t go very far if he loses cases. However, for your DUI attorney to help you beat the charge, you must be honest. Tell him if you had been drinking that night, and how much. Now, you do run into the chance that the evidence is so bad that the attorney turns down the case. However, this is unlikely. A good DUI attorney will enjoy the challenge. Even if he can’t get the case thrown out, at least he might be able to get a lesser charge.
Getting a DUI could potentially ruin your reputation, your career, your finances as well as your personal relationships. Fines, jail time, prison time, probation, community service, court ordered classes, time off from work to attend court and probation meetings, and much more; this is what you face with a DUI charge.
It is critical you choose a San Diego DUI attorney you trust to represent you in court, as California prosecutors take these charges extremely seriously. DUIs have been occurring with increased regularity in California and the state prosecutors have lost their patience and have become intolerable of the offense.
A skilled DUI attorney will be able to get a breathalyzer test thrown out of court because it was faulty, and can even infer that the weather affected the integrity of the field sobriety test and is the reason you failed. An experienced attorney will meticulously review the evidence to find ways of having your case thrown out of court completely, or at least having your charges reduced.
For example, if a piece of evidence against you states that the officer saw you stumble when getting out of your vehicle, a smart attorney can argue that your leg had a cramp. After all, it is almost always the police officer’s word against yours and as everyone knows memories can often become hazy especially after time. You can also expect your San Diego DUI attorney to search for witnesses that work in opposition of the officers story.
Learn where to find a San Diego DUI attorney. Stop by Steven Williams’s site where you can find out all about San Diego DUI and the smartest moves to make.
The Best Way To Handle DUI Charges And A Guide For Finding A Great DUI Attorney
February 14, 2010 | Leave a Comment
It doesn’t matter if you were at the bar with your friends or you were at home having a couple beers, at some point you made the decision to get behind the wheel of a car and now you’ve found yourself arrested and facing serious legal charges. Depending on your area, DUI charges can vary, but in San Diego, DUI charges are very strict, and if you are faced with this kind of charge, you are about to experience a lot of turmoil. The truth is, only a skilled San Diego DUI attorney can help you when you’re in this kind of situation. A San Diego DUI attorney is very familiar with the court system, loop holes in the law, and methods to have evidence and potentially harmful testimony dismissed out of court.
The police officer walks up to your car and asks if you’ve had anything to drink. He/She may give you a field sobriety test, or a breathalyzer test and/or a blood test. Be aware, you can refuse to take these tests, but more than likely (especially if the police officer is believes you have been drinking) they will simply keep you in custody until they get a warrant that gives them the right to test you and then arrest you if you are intoxicated.
Of course, this is based on the premise that you did drink before you got behind the wheel. You may be surprised to know that there have been several cases where people were pulled over, tested and arrested for DUI even when they did not have a thing to drink. In those kind of cases, it goes without saying that you will definitely need an experienced DUI attorney to protect your rights.
Now that charges have been formally filed against you for driving under the influence, you have some business to take care of. The first step is to find and consult a San Diego DUI attorney. Be careful though, you don’t just want any attorney. It is important you find a skilled attorney that focuses on DUI cases. Don’t worry too much about the cost. When you hire someone to protect your freedom, your driving and criminal records, as well as your reputation, you should not attempt to cut costs. Concentrate on finding the most qualified attorney for you situation. When it comes to legal representation, you normally will get what you pay for, so if you want the best attorney to represent you, be ready to pay more.
The best way to find the best attorney is to search online for people who may have had similar experiences in your part of San Diego. See if someone recommends a good attorney. You can go to the yellow pages, or even an attorney directory, but there’s no guarantee these attorneys are successful at what they do. If possible, interview a few attorneys and ask to see or hear testimonials from other people they’ve represented. Ask about their court record. If an attorney has had success in lessening charges or getting cases thrown out completely, that’s the attorney you want.
A good DUI Attorney will examine the evidence against you and will create a strategy to get your charges lowered or to get you off the hook completely. Oftentimes, tests like breathalyzers give false readings, and the attorney can get the test results from this apparatus thrown out; or they may use the weather, such as heavy rain, to explain why the officer says you failed the field sobriety test.
You must trust your attorney to have your best interests at heart. If he tells you to dress a certain way, talk a certain way, or say certain things, listen to him. His job is to win your court case; and attorneys don’t like to lose.
Even when the evidence is stacked completely against you and you believe there is absolutely no way you can win, a skilled San Diego DUI attorney may surprise you by discovering a loophole, or an angle you never thought of that just may save you from years of legal trouble, lost money and scarred reputation. However, you need to choose the best San Diego DUI attorney if you want to achieve the best outcome in court.
Looking to find a great deal on a San Diego DUI, attorney then visit www.sandiegoduiattorneynow.com to find the best advice directly from a San Diego DUI attorney for your situation.
Life After A DUI Charge, How To Get Back On Track
February 12, 2010 | Leave a Comment
Although charges may vary from county to county, being charged with a DUI can be an overwhelming experience. As with most other counties, a San Diego DUI carries considerable penalties that will effect all aspects of your life from finances to your occupation and personal relationships. What should you do to get your life back in order quickly? Can a San Diego DUI lawyer help get you out of the situation? These are all questions that are going through your mind which will be answered in this article.
Typically, people who are facing San Diego DUI charges make the correct choice to consult a San Diego DUI lawyer. They are terrified of the situation and want highest probability of decreasing the consequences that are about to drastically affect their lives. This is exactly the right choice since a San Diego DUI lawyer is the only person who can save you from your situation and help get your life back on track quickly.
Personal Responsibility
The best thing you can do for yourself after facing DUI charges is take personal responsibility for what has occurred. Use it as a wake up call to get your life back on track. If you have a serious problem with alcohol, this is your chance to go into rehab.
A San Diego DUI lawyer will commonly recommend you to do this right away, because it appears much better in court when you are trying to fight charges or challenge a license suspension if you are proactively correcting your mistakes.
The Responsibility Of The DUI Lawyer
A DUI lawyer cannot force you into rehab or sort out your problems, but they will know the finer points of the law that will help you fight the charges. For instance, your license will be seized on the spot, but did you know that you have just 10 days to contest the suspension of your license?
There is no time to waste. The California system doesn’t have one set guideline of punishments. It varies depending on a variety of factors. If you have any of these factors against you, then you should not attempt to go without a San Diego DUI lawyer:
* A minor was in the car when you were pulled over for DUI.
* You refused to accept the breathalyzer or blood test at the time of your DUI.
* You have prior DUI convictions.
* There was serious injury or death as a result of the DUI.
* You have multiple charges piled in with the DUI, such as other traffic violations.
These are all situations that will absolutely increase your penalties and even land you in jail, so you will need an experienced DUI lawyer who is familiar with maneuvering the legal system so the result is as much in your favor as possible.
On the other hand, if you do not have any of the escalating factors listed above, it can be tempting to consider going alone thinking your charges are not “that serious.” The problem is the penalty fines typically will be above $1,000 even for your first offense and if not correctly contested in court the charges may become criminal blemishes on your record that follow you forever!
On a positive note, with the help of a skilled San Diego DUI lawyer, and if you make smart decisions, you will be successful in getting your life back in order after facing San Diego DUI charges. It is your responsibility to make the proper changes in your life to overcome your alcohol issues. However, its is the responsibility of your San Diego DUI lawyer to aggressively contest the DUI charges against you and fight to reach a positive result in court.
Need to find out more about getting a good San Diego dui lawyer, then visit Robert M. Jenkins’s site on how to choose the best San Diego dui lawyer for your situation.
Consequences of Getting a California DUI and How to Select the Perfect DUI Attorney
February 11, 2010 | Leave a Comment
Getting arrested for a DUI in San Diego, California starts a long road of turmoil, money loss, loss of reputation and, in some cases, loss of employment. That’s why a San Diego DUI Attorney should always be on your speed dial if you ever drink and drive. All it takes is a few beers, or a few drinks to put you over the legal limit. If you are found to be over the limit, you will be arrested and will have to find a good San Diego DUI attorney to save you from a conviction.
It is important to know, you don’t need to be absolutely drunk to get arrested for a DUI. You do not even necessarily have to be swerving in between the road lines. You could be pulled over for something not related, such as an expired registration sticker, an outdated license plate, or perhaps a broken taillight bulb. If the police officer suspects you’ve been drinking, whether he smells alcohol on your breath, thinks he hears you slur your words, or notices that your eyes are overly red, he has enough probable cause to administer a field sobriety test.
When you’re arrested, you will be read your rights. One of these rights is the right to remain silent. If you have your wits about you, use this right, and then use the next right that says you have the right to an attorney. Even if you don’t know any attorneys, you will be given a chance to find one. Or, you can use your phone call to have your friends and/or family find the best DUI attorney possible.
Penalties
It is very important you select the best attorney, and don’t even waste time thinking about representing yourself, as the consequences for drunk driving are both harsh and costly. This is for a valid reason. Drivers driving under the influence are using their vehicles as weapons. Every week, many innocent people are killed by people driving drunk. Therefore, police officers and courts have no patients for people who make the decision to drink and drive.
When you are arrested for DUI, you are formally charged and spend the night in the drunk tank. The drunk tank is the holding cell that intoxicated people are put in until they sober up before they are brought to see the judge in the morning. When you face the judge, you are asked to plead guilty, not guilty or no contest. Many people believe that because they drank a beer or two, and were arrested for driving under the influence, that they should automatically plead guilty. However, a knowledgeable San Diego DUI attorney may be able to fight to have your charged reduced or even be able to have court case thrown out completely.
It is important that you understand if you plead guilty, or are convicted of a DUI, this counts as a felony on your record. A felony alone bans you from some employment opportunities as well as many apartment buildings. You will be responsible for thousands of dollars in fines, fees, and court costs. Usually, you will need to complete an alcohol awareness course, community service, and anything else the judge rules appropriate for your specific case. You will most likely also face loss of work, and/or even lose your job indefinitely. Facing all of these penalties alone is not recommended, it is necessary to hire the very best DUI attorney you can find.
Finding the Best Attorney
There are several ways to begin your search for the best DUI attorney in San Diego. Don’t simply believe the ads on TV or the ones you see in the yellow pages. Ads can be placed by any attorney with money and they all claim to be the best DUI attorney out there. You want to focus on referrals if possible.
Do you know anyone or are you related to anyone arrested for DUI and received a reduced charge or had their case dismissed completely by a San Diego DUI attorney? That’s the attorney you should be looking for. If you aren’t familiar with anyone who is aware of a good San Diego DUI attorney, the next best step is to jump online and start searching. Normally, you will be able to find some testimonials of local DUI attorneys right in your area. These days, online searching is one of the most efficient ways to find a San Diego DUI attorney. It will save you from lost time, money and reputation that a DUI conviction can bring.
Learn more about locating your San Diego DUI attorney. Stop by Ron Eddings’s site where you can find out information about getting a San Diego DUI and how to solve it.
Five Myths Concerning DWI in San Antonio
February 8, 2010 | Leave a Comment
There are many frequent misconceptions concerning DWI’s. Listed below are five of the most common:
1. Sucking on pennies or nickels will help you pass a breathalyzer test. This is an old wives tale that simply isn’t true. Sucking on coins has no effect on your breathalyzer test. Don’t be fooled by this one.
2. A breathalyzer tests the concentration of alcohol found in your blood. This is a bit misleading. What a breathalyzer is testing is an approximation of the alcohol found in your breath, not in your blood. Obviously the only way to analyze the amount of alcohol in your blood is through a blood test.
3. Getting my face wet with cold water or drinking a coffee will lessen the effects of the alcohol. Actually, caffeine and cold water will not have any effect outside of making you awake and wet. It takes time for the effects of alcohol to wear off, and time is the only thing that can sober you up.
4. Breath tests are 100% accurate. The truth is that there are outside variables that can effect the accuracy of the test. It is not 100% accurate. For instance, a person that is diabetic and Hypoglycemic or someone who eats fruit shortly before a breath test can effect the outcome and results of the test.
5. Any attorney can defend a DWI offense. Getting charged with a DWI is a very serious offense. It is important that you seek the guidance of an attorney that has had experience with handling DWI’s. The consequences for a DUI can include a suspended license, increased insurance rates, probation, community service, even jail time. It is important that you take the charge seriously and speak with a DWI attorney that can help you.
If you are up against criminal charges for a DWI, you are trying to figure out what to do. Instead of guessing about what course of action you should take, consult with DWI attorney San Antonio about what to do. Talking with a DWI lawyer San Antonio can help bring resolution to your issue.
Penalties of Facing DUI Charges - Should You Get a DUI Lawyer?
February 8, 2010 | Leave a Comment
When you are pulled over and facing DUI charges for the first time, it is normal to be frightened and confused about what exactly you should do next. You are in shock and scared about what is going to happen and you probably aren’t quite sure what the penalties will be. That is precisely the reason you should consult a DUI lawyer! A knowledgeable San Diego DUI lawyer will explain to you what to expect and assist you get out of the situation with the least charges possible.
Immediate Penalties
The first penalty you will most likely face is having your driver’s license taken away immediately. You then will probably find yourself locked temporarily in jail to get sober before your charges are processed, then you should be released on your own unless special circumstances exist that require you to be held longer.
When you finally sober up and return home, the trouble has only begun. At this time you no longer have a drivers license and you will be sent a suspension notice shortly. Having your driving privilege revoked can interfere with nearly every aspect of your life since you can no longer go to work or out to social events on your own.
It is essential to hire a San Diego DUI lawyer immediately, since you only have a short period of time to challenge the suspension of your license. If you just allow the suspension to happen you could go for months without it, even on your first offense. If you hire a skilled DUI lawyer in time they can effectively challenge it and at least get limited driving privileges back. In many cases you can get full driving privileges back.
Long Term Consequences
Depending on the exact circumstances your DUI charges were filed, you can most likely expect the below penalties to be brought up in the near future:
* Fines of over $1,000.
*Long probation sentence.
* Possible jail time.
* Requirements to attend Sheriff work programs or corrective schools.
* Criminal charges may be on your record permanently.
If you are found guilty, all of these penalties will have a negative effect on your life and some will last far into your future. For instance, if you are convicted of a felony DUI charge you will must disclose that information on every job application you fill out in the future. These legal charges will be viewed as a flaw of your character when you apply for new jobs, apply to coach sporting events for your children, or even meet someone special and have to disclose information about your past.
It is no secret that you are far more likely to get out of your DUI situation with less permanent damages if you consult an experienced San Diego DUI lawyer right from the beginning. Do not consider attending a single court hearing on your own because you will be risking far too much. Do not talk to the police officers, confess to the DUI charges, or sign any documents in the police station without the presence and consent of your DUI lawyer.
If there is a possibility of getting a probation sentence over jail time, your San Diego DUI lawyer will know how to get it done. If there is method to have your DUI charges reduced so they are not felonies, again, your DUI lawyer is the one that can get it handled. Don’t risk going to court without sufficient representation! Save your future and be sure you have your rights professionally protected!
Want to find out more locating a good San Diego DUI lawyer, then visit David Allen’s site on how to choose the best San Diego DUI lawyer for your needs.
Fighting San Diego DUI Charges? How To Choose a San Diego DUI Lawyer
February 3, 2010 | Leave a Comment
Facing DUI charges is a stressful experience. Most people are confused and don’t know if they should hire a lawyer. If you live in southern California, a San Diego DUI lawyer can help you beat DUI penalties if you’ve been recently pulled over for a DUI and charged with driving under the influence. If you have been, not all hope is lost. You can find a San Diego DUI lawyer quite easily, so that you can be defended against these charges if they are false, and perhaps have charges reduced or even dismissed.
Where to find a San Diego DUI lawyer
There are lots of lawyers who defend against DUI cases, so finding one in San Diego should be quite easy. You can search online directories, or you can go through the Yellow Pages of your phonebook to find one that’s right for you. You can also ask friends, family, etc., who have been charged with DUI as to recommend someone that’s defended them. This is in fact a very good way to find someone to defend you, since if a friend or family member has been happy with their defense, you can be more confident that you’ll be happy with it, too.
Make sure you do your homework
As you research and find San Diego DUI lawyers, you’ll need to check these lawyers’ reputations, make sure that they are on the up and up and have had successful practices, whereby they’ve successfully defended those charged with a DUI in San Diego. Therefore, one of the best places to look is online and research using the keyword “review” or “complaint” and the name of the lawyer or firm in question. If a lawyer has gotten less than stellar reviews, you probably know you want to look elsewhere.
Things to look for in your lawyer
Apart from reputation, it is important to know that your lawyer is a criminal attorney, because this type of background is critical when it comes to fighting DUI cases. If achievable, you’ll want a lawyer that concentrates on DUI cases specifically.
Obviously, it is important your lawyer have valuable experience. It is necessary he or she has been in practice for at least a five years, and be deemed “AV-rated” if achievable.
Finally, make sure your lawyer has a good track record. “Years in practice” is an important distinction to consider, but the lawyer should also have good track record in winning cases.
Expense
Finally, expect that you’ll pay around a few thousand dollars for a good San Diego DUI lawyer. This kind of defense does not come cheap, and this is one place you don’t want to skimp on price. If the DUI lawyer you have is very good, you can significantly reduce your sentence or be successfully defended altogether if you’re innocent, so you don’t have to face charges at all. You do have to pay for that kind of service, though, so be prepared to.
Want to find out more about a San Diego DUI, then visit Marcus Goldman’s site on how to choose the best San Diego DUI lawyer for your needs.
Finding A DWI Lawyer San Antonio
January 28, 2010 | Leave a Comment
If you find yourself facing criminal charges for a DWI, your mind is probably racing trying to figure out what to do. Instead of guessing about what course of action you should take, consult with a DWI lawyer near you about what options you have. Most of the time, the DWI will discuss your situation with you by phone without charging you anything up front.
Selecting a DWI attorney who is right for requires understanding what experience the potential lawyer has with defending DWI cases like yours. The more you are able to learn about your prospective lawyer’s history with DWI cases, the more comfortable you can be that you hired the right person for the job. Plus, by learning about your lawyer, you can be confident that you are hiring someone that will put you in the best position possible.
Hire a DUI attorney you can count on. DWI attorneys specialize in handling DWI cases. They are familiar with the complexities of taking a DWI case all the way to trial. This is something that your average criminal defense attorney may not be familiar with.
An attorney who focuses on handling DWI cases may have unique expertise in defending your DWI case. That is why it is critical to understand your prospective attorney’s past experiences in trying drunk driving cases. You will also want to discuss what fees the lawyer charges for his services. There are different fee arrangements available, and you should know which types the lawyer you are considering offers.
DWI litigation can be very complex. You want a DWI attorney that’s going to make the prosecution prove their case. They will have the knowledge, skill, and experience to challenge the evidence and raise all likely and legitimate defenses. Usually, the additional costs associated with hiring a lawyer who practices DWI defense will outweigh the risks of hiring a less experienced attorney or handling the matter on your own.
After you’re arrested for DWI, your best bet is to discuss your circumstances with a DWI legal professional. Learning what action you should take, will set your mind at ease and provide you with the best opportunity to obtain the best outcome possible.
DWI Law Firm SA has experience handling all types of criminal defense cases. In particular, DWI Law Firm SA focuses on all levels of criminal defense from DWI defense to capital murder.
When To Hire A Florida DUI Attorney
December 31, 2009 | Leave a Comment
Among all the states in the United States, Florida is one of the highest ranking states when it comes to DUI cases. If you live in Florida and you are accused of driving under the influence one thing if for sure, you will need a good lawyer. Prior to choosing someone to defend you make certain that you have researched whichever Florida DUI lawyer you choose.
Before hiring any attorney or lawyer you should first know the difference between the two. A lawyer is a person trained in the area of law and provides advice and aid on legal matters and the laws which are behind them. An attorney is someone who is a member of the legal profession. This means that where as a lawyer is trained in specific areas of law, an attorney is only a member of the legal profession and not specializing in any one area of law.
DUI lawyers specialize in the area of defense of driving under the influence. This means that they can make a great difference in the outcome of your case and sentencing. DUIs are a criminal offense, which means that you will obtain a criminal record. The only way to ensure that you have a fair shot at limiting the sentencing handed down for a violation of this magnitude is to hire someone who specializes in this area of law.
No matter how good of a lawyer you employ, know that they are not magicians. They cannot make your crime just disappear as though it never occurred. When weighing the benefits between having legal counsel verses not having legal counsel, weigh out your options. Some people believe that hiring a representative is far too expensive however, the price of hiring a lawyer can in the long run, be less expensive then court fines which can be imposed when not having proper representation.
As the old saying goes, “If you can’t do the time, don’t do the crime”. No matter how good of a lawyer you have to represent you, you will face incarceration and even possible vehicle impoundment. The state of Florida had begun to crack down on driving under the influence and has made the penalties for committing this crime harsher then ever before.
If you do not wish to face imprisonment and incarceration, or having your license suspended or revoked then do not under any circumstance drive while intoxicated. Inebriation in itself is enough to alter ones conscious ability to make proper decisions. Just because there is a wide availability of lawyers who specialize in the areas of DUI, does not give you an excuse to commit this crime.
When you make a decision and hire a specific lawyer to handle your case make sure that when it comes time for courts only the specific lawyer that you hired is the one which represents you in court. This way your representative will be familiar with all processes involved and no confusion will arise between your legal staff. This will also allow you to become more comfortable with your representative and can help to ease your anxieties that may arise. DUIs are a very serious charge to face so always take every factor into account prior to following through with hiring a representative.
Need further details on how to get a Florida DUI Attorney? Then visit Kelly’s site on how to select the perfect Florida drunk driving lawyer for your situation.
Texting And Driving Outlawed By Colorado
December 15, 2009 | Leave a Comment
On December 1st, Governor Bill Ritter signed into law a bill criminalizing text messaging while driving. The new law will make texting and driving a Class A driving infraction. The new law recognizes the inherent danger in texting while driving, however, the law doesn’t go far enough for many proponents of stricter legislation regarding the use of cell phones in vehicles. When the bill was originally introduced it carried language prohibiting the use of cell phones in vehicles unless a hands free device was used. After meeting opposition from both sides of the aisle over the cell phone usage restrictions, the law will only prohibit drivers under the age of eighteen from using cell phones while driving. As texting is a relatively new phenomenon, there is not significant data on point to show just how dangerous cell phone use (including texting) truly is. As more data emerges on cell phone use and its correlation to car accidents, expect more legislation to arise across the country.
Please see the article from the Denver Post:
http://www.denverpost.com/ci_12498806 The law, which will become Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting (and yes, “sexting” and any other data entry as well) for any drivers. The pertinent texting language is below:
‘A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or ther similar forms of manual data entry or transmission while operating a motor vehicle.’
The statute can be found in its entirety below: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf
The fines for violating the texting and driving statute are:
$ 50.00 Fine and a $6.00 Surcharge for a First Offense
Second Offense: $100.00 Fine Plus a $6.00 Surcharge.
Joshua McDowell is a Colorado Springs Attorney practicing in Criminal law, traffic and DUI cases. His practice also includes Colorado Springs Personal Injury matters and slip and fall cases.