Mirror of Justice

Do I Need A DUI Lawyer?

July 19th, 2009 at 03:02pm Under DUI Law

You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (http://www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.

What Happens If I’m Arrested For Drunk Driving in Orange County?

July 17th, 2009 at 03:01pm Under Drunk Driving Law

Being arrested for DUI in Orange County can seem very scary – especially if this is your first offense.  Driving with a blood-alcohol content of 0.08 percent or greater is considered drunken driving under California law.  If you are first time offender, you stand the risk of jail time, fines, license suspension or possibly all of the above.  Two or more DUI offenses could result in the more severe consequences including mandatory DUI classes.   The consequences for drunk driving in Orange County will depend upon a number of factors including blood-alcohol content (BAC), whether or not you were involved in an accident, your history of moving violations, whether or not there were any serious injuries or deaths, and other circumstances specific to your case.  If you are a parent with a minor in the car, there’s a chance that child neglect/abuse charges could be filed against you as well.  It’s highly recommended that you hire an Orange County DUI attorney to help you with your case.  There are certain procedures that need to be followed if you’ve been arrested for a DUI and a DUI attorney can help make the process go a little smoother.  Your attorney will be the one to investigate all the details of your case including the police report.  The more you remember what happened before, during, and after your arrest, the better.  Having witnesses to testify to your state of mind will help the case even more.  Drunk driving is a mistake that many people make, but if you learn from that mistake the better off you’ll be in the long run.

Breathalyzers Designed for Clubs, Bars, Alcohol Venues, Aim to Prevent Drunk Driving

July 17th, 2009 at 09:02am Under Drunk Driving Law

Breathalyzers Designed for Clubs, Bars, Alcohol Venues, Aim to Prevent Drunk Driving

Andatech, the company who pioneered the consumer market for breath alcohol testers, is encouraging owners of bars, clubs, entertainment venues and other establishments that serve alcohol to install a fixed or bartop coin operated breathalyzer machine in their place of business.

Although bartenders are trained to recognize when a patron has had too much to drink, an onsite breathalyzer supports their decision. When customers actually see their blood alcohol concentration (BAC), they are less likely to get into their car and drive.

The Andatech AL3500F works like similar vending machines, with step-by-step audio and visual cues to direct the user when taking the breath test and reading its results. It is equipped with fuel cell technology, which provides the highest rate of blood alcohol concentration (BAC) accuracy. To begin the alcohol test, the Andatech AL3500F dispenses a cylindrical straw for the user to breathe into so the sensor can calculate alcohol content. The BAC results are provided within 10 seconds.

The compact bartop design of the Andatech AL3500F is unobtrusive and allows for privacy when testing. It can be placed on the top of a bar, on a corner table, or mounted on a wall.

According to an Andatech spokesperson, the coin operated breathalyzer is being well received by owners of bars, clubs, pubs and entertainment venues because the device enables them to promote safe driving in a way that doesn’t impact their bar revenue. Most establishments that serve alcohol realize most of their profit from drink sales.

As a coin operated breath test, the Andatech AL3500F also offers alcohol-serving establishments an additional means of earning supplementary revenue because once they make the initial investment of purchasing the breathalyzer, they retain all the earnings from it. This earning incentive motivates staff to encourage patrons to use the breathalyzer to determine their blood alcohol concentration before getting into their car to drive.

By installing a coin operated bartop breathalyzer, liquor establishments can take a more active role in promoting responsible drinking and safe driving. It is expected that the effort will cut down on the number of drunken driving accidents and death.

Headquartered in Australia, Andatech is the industry leader in personal and professional alcohol detection breathalyzers. The company distributes breathalyzer devices developed for personal, workplace, transportation safety and law enforcement use. Vending opportunities for the Andatech AL3500F are also available.

Getting Stopped for Drunk Driving –the Police Officer’s Observations

July 17th, 2009 at 03:02am Under Drunk Driving Law

When an officer pulls a driver over in the dark evening hours, he or she is on the alert to see if the driver is under the influence. He or she begins observations when approaching the car.
As the driver rolls down the window, the officer is checking to see if the driver smells of alcohol, if the eyes are watery or bloodshot, if the driver is having trouble retrieving his or her license, and if the driver’s speech is thick or slurred. If the officer does not have reason to believe the driver is under the influence, he or she must allow the driver to drive off. The officer cannot order the driver out of the car to complete the field sobriety tests unless he or she has probable cause to continue the investigation.
Smell of alcohol
The smell of alcohol may be in the car even if the driver is not the one who’s been drinking. If there is a passenger, the passenger may have been drinking. If the driver has been in a bar, he or she most likely smells of stale cigarette smoke and alcohol, even if he or she had nothing to drink.
Blood shot, watery eyes
Blood shot, watery eyes may have several causes. The driver may be operating on very little sleep, may have worked all day at a computer terminal, may be suffering from a cold or allergies, or may look as he or she always does. Remember that the officer has never seen the driver before and has nothing to compare his or her observations to.
Trouble with finding the license
People organize wallets in many different ways. Some don’t separate their credit cards from their driver’s license. And some people couldn’t find their license if they were stone sober in broad daylight. This factor alone says nothing about the driver’s state of sobriety.
Slurred speech
While an officer may associate slurred speech with driving under the influence, it may also be a side effect of certain medications or medical conditions. Remember the officer has never spoken to the driver before and therefore, has no idea how his or her voice “should” sound. If the topic comes up in court, the officer should be questioned on how many other times he has spoken to the driver (none) and how the driver’s voice was different from his or her usual speaking style.
While the officer may assert that some or all of these factors are indicative of intoxication, an experienced attorney knows there may be an innocent explanation.
For this and more information on criminal law and drunk driving go to:
www.gottrouble.com/legal/criminal/drunk_driving/index.html

Dui Lawyers Range in Skill

July 16th, 2009 at 09:02pm Under DUI Law

As a DUI attorney, my job ranges from the mundane to the outright shocking. Some days are regular days at the office, others are spectacular days spent in front of juries or at police stations interviewing cops.

As DUI law becomes more and more strict throughout the nation, there are more and more attorneys who, because they see it as a lucrative opportunity, call themselves DUI attorneys. Having been at this now for nearly a decade, I have witnessed a range of practitioners. There are those who are so skilled at what they do that their craft or art borders on the sublime. There are others who couldn’t even sell used cars, let alone advocate for an unpopular client in an unpopular cause.

With the advent of the internet, there is so much misinformation in regards to DUI lawyers. My first suggestion to anybody starting the long and painful process of a DUI charge is to read as much as you can on the subject. There are many good websites out there. I also highly recommend buying a book written by Larry Taylor, a top-notch DUI attorney in California. It is written for lawyers, but if you, as a layperson facing a DUI charge, read and understand it, you will be able to spot the swindler, and hire the wizard.

If you face a DUI, your future is in your hands. Don’t recklessly turn it over to somebody just because they claim to be the top or premier DUI lawyer in your area. Check out their credentials. But most of all, educate yourself so that you can not be fooled.

How Effective is the Ignition Interlock Device in Preventing Drunk Driving?

July 16th, 2009 at 09:02pm Under Drunk Driving Law

Over the past few decades there have been many preventive measures implemented to reduce the risks of drunk driving. The courts and motor vehicle departments have used traditional countermeasures such as fines, jail terms, and license suspensions to control drunk driving offenders. Now there are instruments like the ignition interlock device (IID) that are being used as punishment. However, the question that lawmakers have been asking is: How effective is the IID? Has it indeed lowered the reoccurrences of drunk driving in repeat offenders?

IIDs are instruments installed in automobiles that measure the alcohol on a driver’s breath. The driver provides a breath sample and if the IID detects alcohol, the car will not start. IIDs were developed and have been researched since the 1960s, however, it wasn’t until recently that these instruments have been used and accepted by the courts. California was the first state to enact legislation that authorized judges to order DUI offenders to install IIDs. California was also the first state in which the ignition interlock program was evaluated.

There have been a few studies in various states to determine whether or not IIDs are effective in reducing DUIs. The results of these studies have been mixed, although most of the results suggested that IIDs have reduced DUI reoccurrences in offenders. That’s only if the instrument remains in the car. However, once the IID is removed from the car, the chances of another DUI incident occurring goes back up. This suggests that IIDs are not going to actually change people’s behavior. It only prevents them from driving their own car when they’re drunk. They’re going to continue to drink whether or not the instrument is installed.

In September 2005 a study released by the Department of Motor Vehicles (DMV) in California concluded that IIDs can be effective at reducing the occurrence of subsequent DUIs. Unfortunately, judges have not always ordered DUI offenders to install an IID in their car. Technically, the IID is effective, but it’s the actual program that is not effective.

Based on the results of this September 2005 study, the researchers offered these recommendations to improve the program:

1. An improved monitoring system for DUI offenders ordered by judges to install an IID. It’s important for the courts to be consistent because installing the device does have a significant effect in reducing DUIs.

2. Allow second DUI offenders the chance to reinstate their driver’s license if they install the IID in their vehicle. This gives repeat offenders incentive to put in the device if the court does not mandate it. Another way to encourage offenders to install an IID is to reduce the period of license suspension.

3. Impound the vehicle of a person who is caught without an IID in their car. This applies to those people restricted to driving an IID-equipped vehicle.

4. Investigate the barriers to the use of the IID and find more effective programs to implement these devices. The DMV should have the responsibility of leading this task force and finding the resources to fund it.

5. Do not emphasize the use of the IID for first-time offenders. Currently there is no evidence that the device is effective at reducing the reoccurrence of a DUI in first-time offenders.

6. Continue to support the law that requires judges to order DUI offenders to install the IID in their vehicle.

The ignition interlock device is not going to be the key to completely wipe out drunk driving. However, preventative measures combined with consistent action is a step in the right direction.

Portable Breathalyzer Aimed At Reducing Drunk Driving

July 16th, 2009 at 03:02pm Under Drunk Driving Law

Andatech, the industry leader in alcohol detection breathalyzers who pioneered the consumer market for breath alcohol testers, introduces an affordable portable breathalyzer aimed at reducing binge drinking and drunk driving incidents.

The Andatech AL6000 Pro ensures an accurate breath test each and every time. It is the first personal handheld semiconductor breathalyzer to undergone rigorous testing for quality and accuracy and to earn the Australian Standard AS3547 certification. The alcohol testing device has also received FDA, CE and DOT approval for personal, workplace and law enforcement use.

The Andatech AL6000 Pro is recognized as having the highest accuracy rate, guaranteeing a 99.99% BAC accuracy. The battery operated portable device has a response time of five seconds, one of the fastest in the industry.

With its lightweight design, the Andatech AL6000 Pro can conveniently fit into a purse, glove compartment, or pocket, making it conducive to bring along to any social setting. It is also easy to use by inserting a mouthpiece into the personal breathalyzer and blowing into the opening until the device stops beeping. The BAC reading appears within seconds. The Andatech AL6000 Pro is built with a bright LED display for easy reading in all lighting conditions, including dimly lit places or during nighttime hours.

Priced under $200, the Andatech AL6000 Pro is the world’s first and only breathalyzer with dual testing modes. The normal alcohol tester mode measures blood alcohol concentration, while the detector mode can be shared among more than one person to test the presence of alcohol. This unique feature is especially useful during a night out among a group of friends to determine who is capable of safe driving.

With responsible drinking on everyone’s mind, the Andatech AL6000 Pro is designed to save lives by preventing drunk driving accidents and reducing the dangers of social drinking. Headquartered in Australia, Andatech is the industry leader in personal and professional breathalyzer distribution.

Got Stopped by Police – Drunk Driving Trouble

July 16th, 2009 at 09:02am Under Drunk Driving Law

Most drunk driving cases start out with a contact between the driver of a motor vehicle and a police officer. While the police have the right to approach and speak with any citizen, they do not have the right to detain and investigate a citizen unless they have “probable cause”.
Probable cause is the legal reason an officer needs to detain and investigate. If the dui attorney can show to the judge the officer did not have probable cause, the case can be dismissed.
Most detentions begin with the officer pulling over a driver who has committed a vehicle code infraction. The common reasons alleged by the police are based on poor driving – speeding, weaving within or outside the lane, running of a stop sign or red light. However, faulty equipment (head light, tail light, muffler) or expired registration will provide the necessary reason to pull a driver over. A driver involved in an accident or in a car blocking the roadway may also give the officer the right to detain and investigate.
It is therefore important to discuss with the dui attorney the manner of driving. If the driver was acting legally, or if the officer did not see the driver actually operate the vehicle, the case may be dismissed. Not only does the officer need probable cause to detain and investigate, there must also be a legal reason to arrest. The officer will make his decision to arrest based on two or three factors: his observations, the field sobriety test, and in some jurisdictions, a breath test conducted in the field.
For this and more information on criminal law and drunk driving go to:
www.gottrouble.com/legal/criminal/drunk_driving/index.html

Drunk Driving – Drunk Driving Facts

July 15th, 2009 at 03:02pm Under Drunk Driving Law

The facts about driving drunk include consideration of consequences: Punishment for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) or driving drunk, will vary, based on geographic locale and law in that state or county as well as which country you find yourself in. The potential consequences will depend upon whether or not it is the first offense, and whether various punishment enhancements may apply.Generally, for a first offense DUI or DWI, penalties will include a fine, possible jail time or community service, a driver’s license restriction, and mandatory attendance at an alcohol and drug education program.Why Drunk Drivers Are Dangerous: Imaging studies of the brain when it is under the influence of alcohol reveal that different areas of the brain are impaired under high and low levels of alcohol, according to a Yale study published in Neuropsychopharmacology.”What we found is that when people were really intoxicated, they drove like they were really intoxicated and in a real vehicle,” Pearlson said. “They speeded up, especially on corners, where most people slow down, and crashed more often into other vehicles.” When mildly intoxicated, but below the legal alcohol limit, he said, the drivers seemed aware of the fact that they were impaired and corrected for the deficit. The researchers also found that alcohol had a profound effect on some, but not all, brain circuits activated in sober driving.The highest blood alcohol level was 0.1 and the lowest was 0.05. Drivers are considered legally drunk when their blood alcohol level is 0.08.Here are some helpful drunk driving facts:• One person is killed every half-hour due to drunk driving• Each year approximately 16,000 are killed in alcohol related crashes• Alcohol is a factor in almost half of all traffic fatalities• Every other minute a person is seriously injured in an alcohol related crash What Are Some Examples of DUI Penalties?DUI punishment varies from state to state, so you’ll need to check with your lawyer to see what may apply in your particular state. Using California DUI penalties as an example, first offenders who are denied probation can expect the following:1. 48 hours of jail time minimum.2. 6 months driver’s license suspension3. $340 fineAs you can see, DUI penalties are fairly harsh, even for a first offense. There are things that can factor in to a first time offense, depending on your state. Driver’s license suspension may be part of the package, but if you get probation, your state may allow you to keep your license provided you meet certain conditions set by the court. These can include rehab counseling, safe driver classes, and community service. Your lawyer will have more information, but make sure you understand what you are committing yourself to under a probation agreement. Violation of probation is taken quite seriously and can result in automatic driver license suspension and jail time.

Learn Few Basics Before you Choose a Dui/dwi Lawyer

July 15th, 2009 at 03:02pm Under DUI Law

Across the USA, the most common crime booked in a year, by far, is DUI. Driving while intoxicated is no minor matter. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and escalate into a felonious crime by degree; however, no matter what degree of culpability you face, DUI can turn your world upside-down.

Nearly 1.4 million drivers are arrested for driving under the influence of alcohol or drugs every year. While this is a serious charge, if you are arrested for a DUI you have rights that you need to protect. DUI comes under criminal law. Besides hefty fines, alcohol programs and community service, you might also get a serious punishment like jail term. Taking the right steps after DUI arrest, is the only way to get out of trouble.

All about DUI Laws:

The DUI laws have a commonality in the following areas. DUI starts under between .08 to .10 blood alcohol levels, and then kicks into DUI at between .08 to .10 blood alcohol levels. These levels are doubly indemnifying for all drivers in the US less than 21 years of age. Depending on the state, a person may have their driver’s license suspended any length of time from seven days to three years. Fines for DUI across the country range from $250.00 to $2500.00.

The punishment depends on factors like:

State where you were arrested

If you refused to take a BAC level test

What was your BAC level

If this is the first time you have been caught

If there were children with you in the vehicle or in the vicinity

If you were caught speeding

If there was any accident, damage or injury involved

According to DUI laws, the legal consequences of the offense can be:

License revocation or suspension: This punishment is regardless of the criminal charges you might face under DUI laws. In 41 states and District of Columbia there are administrative license suspension laws. Under these laws, if the driver fails or refuses to take a chemical test, his license is taken away before conviction.

Ignition interlocks: Some states allow offenders to drive only if their vehicles are equipped with ignition interlocks. This gadget looks for traces of alcohol in driver’s breath and upon confirmation, it shuts down the ignition.

Vehicle seizure: In some states, drunk driving may entail seizure of the vehicle.

Fines: They vary from state to state. Fines can be anywhere between $200 to $2000 and onwards.

Jail: Repeat offenders are more at risk of inviting a jail term. But that does not mean that a first timer is safe from it as a lot depends on how serious his cases is.

Other punishments include mandatory attendance at alcohol education programs and community service.

If you are arrested for DUI, then hiring a DUI lawyer proves to be the best decision. Driving under the influence can have serious consequences on you if you are involved in a car accident. You may face consequences like jail or prison, penalties or fines, vehicle impoundments, etc. The DUI lawyer is familiar with the intricacies and procedures involved with DUI charges and are your best bet if you find yourself in such a predicament.