July 17th, 2009 at 03:03pm
Under DUI Law
Finding the right Tennessee DUI attorney is vital if you are charged with a DUI in the state of Tennessee.
A DUI conviction can have serious consequences, even if you have never been in trouble before. Like many states, Tennessee DUI laws have been amended to make consequences harsher for all levels of offender. Conviction for a DUI first carries mandatory jail time, alcohol safety school, potential community service, loss of your driver license for one year, and the possible installation of an ignition interlock device on your car. After the first conviction, things get even worse. A second DUI carries a minimum of 45 days in jail, a third DUI requires a minimum of 120 days, and a fourth DUI will result in at least 150 days in jail, not to mention a felony conviction on your record. It is especially easier now to get charged with a DUI since the legal blood alcohol limit is now 0.08, and the Tennessee DWI has been taken off the books.
An experienced Tennessee DUI lawyer can help you avoid some of the more unpleasant aspects of a DUI conviction. Only an attorney thoroughly familiar with Tennessee DUI law can ensure your rights are protected and mitigate the more inconvenient aspects of a DUI conviction. For instance, an ignition interlock device, which requires that you blow into it before you start your car and periodically thereafter, is not a requirement of Tennessee law. This is an aspect of your defense that can be negotiated by a skilled DUI attorney. Often, people are pulled over for invalid reasons that make your arrest unconstitutional. In cases where the evidence against you is slight, a DUI charge can sometimes be reduced to reckless driving or dismissed. For this and many reasons, an experienced DUI attorney is the best weapon to have on your side.
There are many things you can do that will help your DUI defense. There is no requirement that you offer evidence against yourself. Often times people are pulled over for simple things, like having a headlight or tail light out, a tag expired, or for speeding just over the legal speed limit. None of those things can be taken to infer that you were driving under the influence. Because the traffic stop is often not enough to obtain a conviction, there is no benefit that you tell the officer how much alcohol you may have consumed, that you perform a breath test, or undergo field sobriety tests, like standing on one leg, saying the alphabet backwards, or touching your fingers to your nose. Many people cannot even pass those tests sober, so there is seldom a benefit to giving the wrong impression.
Just because you may have offered evidence yourself, it does not mean you cannot be defended. If you have offered evidence against yourself, it is vital that you have an experienced and well-trained Tennessee DUI attorney on your side, who is familiar with Tennessee DUI law and the tendencies of the court where you have been arrested. The Tennessee DUI lawyer you hire might be the most important decision you ever make.
Nathan Moore is a criminal defense and DUI attorney in Tennessee. His practice focuses only on criminal defense and those charged with crimes. To learn more about his practice you can go to his
firm website. If you are interested in learning more about Tennessee DUI law or if you are charged with a DUI, you can find more information at his
DUI defense page.
By Law Article
July 16th, 2009 at 02:57pm
Under Criminal Law
Loss of freedom. Expensive fines. A criminal record. Restrictions on your future employment. If you face criminal charges in Minnesota, the consequences may change your life. You need a criminal defense attorney, and not just any lawyer will do. You’ll want to hire an experienced professional. You’ll require an attorney who knows the ropes in Minnesota — someone with deep knowledge of local laws and the ins-and-outs of the court system.
Here are the top 10 reasons to hire a criminal defense attorney in Minnesota.
1. You will have one person in the criminal justice system you know is on your side. When dealing with judges, prosecutors, the police and witnesses you will benefit from having an experienced professional who’s concerned with your best interests.
2. You will have hired an adviser who knows the local court system. Every court system has its unique aspects. Minnesota is no exception. Your criminal defense attorney will know which local laws are relevant to your case. He or she will examine the facts in the case and identify the evidence that is most effective for your defense.
3. An experienced criminal defense attorney will take the time to understand your case. Your attorney will not let you become just another statistic in the criminal justice system.
4. Hiring a criminal defense attorney means hiring an expert. You’ll have an adviser who understands the fine points of criminal law, especially Minnesota’s legal code. Your attorney will also have access to resources, including investigators and expert witnesses, who can participate in your defense if needed.
5. Your criminal defense attorney will guide you through the maze-like procedures that often surround criminal legal proceedings – entering a plea, attending hearings, obtaining bond, preparing testimony, locating witnesses, and evaluating the evidence.
6. Your attorney will take the lead in negotiations with prosecutors to potentially dismiss or reduce the charges against you. When you hire a qualified, experienced criminal defense attorney who practices in Minneapolis, you will benefit from having an advocate who knows the local prosecutors and has experience negotiating with them. Your attorney will advise you on your best options if you are offered a plea bargain or reduced sentence.
7. If your case goes to trial, your attorney will help you select the best approach, including whether to testify, and if you should request a judge or jury trial.
8. Your attorney will review all of the evidence against you and seek to dismiss anything that is unproven, unfair, or not allowed under Minnesota law.
9. Even if you have to face some consequences, your criminal defense attorney will help you make the strongest case for a reduced or suspended sentence, lower fines, less time on probation or fewer restrictions on your activities.
10. Your criminal defense attorney will allow you to face the Minnesota court system with confidence that you’ve done the most you can to protect yourself. The right to hire an attorney is a basic civil right, one that can help you to preserve your rights and safeguard your future.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
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.
By Law Article
July 14th, 2009 at 09:03pm
Under DUI Law
If you have thought that driving with a couple beers in your system you are fine, you might want to take a second look. California and Arizona are implementing more strict laws to punish people who drive under the influence.
In the attempt to reduce the number of DUI cases, the states of California and Arizona are putting more strict punishments. Although this might sound like a reasonable attempt, it does not solve much. The focus should be spent on educating people about the consequences of drinking and driving. In spite of my opinion, the new laws are passed.
Arizona has just signed into law that any person who receives a DUI must install an ignition interlock device on their car. This also includes first time offenders. The old law required that only multiple offenders must have the device installed on the car. Keep in mind, this device must be paid by the offender. It must be installed on the vehicle for one year after the offender receives the license back.
On top of that, the state has also signed that first time offenders have to complete more jail time than the previous law.
If you have or have not commited a DUI, you might want to rethink your actions and choices. The laws are getting more strict and the consequences can affect your life. Having an IID device installed in your car not only costs you money, but it is not the only penalty you will be given. You will also have to pay fines, serve jail time, attend a dui program, and other penalties.
By Law Article
July 14th, 2009 at 03:02pm
Under DUI Law
Being charged with a DUI, driving under the influence (of drugs or alcohol) or a DWI, driving while intoxicated, is a very serious situation. The possibility exists that either charge could affect one’s future. They can result in substation fines, loss of a driver’s license, have implications for future employment, increase insurance premiums, and in some cases, can result in serving time in jail.
When charged with a DUI or DWI, it is important to find someone that will understand what steps must be taken to successfully navigate through the legal processes. A lawyer or attorney can be a great help in these situations. This lawyer will defend the person involved in the situation, and will make sure that his or her rights are protected throughout the whole process.
In the state of Minnesota, a blood alcohol of 0.08 or higher will allow you to be convicted of a DUI charge. Although this is when one can be convicted, it does not mean that driving is impaired prior to this point. Driving skills are affected from the first drink of alcohol. The ability to react, pay attention, maintain coordination, and make good choices are affected more and more with each drink.
Unfortunately, there is no specific number of drinks that can alert you when you are over 0.08. Wine, beer, mixed drinks, and hard liquor all have different percentages of alcohol. It is more important to keep track of the total amount of alcohol that is entering your system over a certain timeframe rather than just counting drinks. A few beers will have a different affect on a person than a few shots of hard liquor. This number is also not the same for everyone, however. Blood alcohol levels are also influenced by gender, age, weight, medications, the amount and type of food that has recently been eaten, and other factors.
If one does end up being pulled over for DUI or DWI by police, a series of tests may be administered, including a blood, breath, or urine test. If these tests are refused, it is considered a Gross Misdemeanor, which can lead to removal of your license for at least year.
When a DWI conviction does happen, there are a number of legal and financial consequences, which vary depending on how many offenses one has been charged with. For the first DWI offense, it is usually a Misdemeanor, which is punishable by a maximum fine of $1,000 and/or ninety days in jail. A court may order you to attend an alcohol treatment program, and maybe revoke your license for at least 90 days. This is the case if the driver’s blood alcohol reading is under 0.20%. If the reading is over 0.20%, or the person is convicted with a child in the car, it is considered a Gross Misdemeanor, which can lead to a maximum fine of $3,000 and/or a year in jail. If a second offense is committed within ten years, it is also considered a Gross Misdemeanor.
When a third offense is committed within ten years of two prior offenses, one will either have a minimum of 90 days in jail, or an intensive probation program which will include at least six consecutive days in jail as well. Police will most likely take a person’s car away at this point, and a lawyer will be needed to help deal with financial consequences of this seizure. After three offenses in Minnesota, the state will also be likely to cancel one’s driver’s license as this person is seen as a threat to public safety.
The fourth offense within ten years of three prior offenses will result in a Felony. This conviction will result in at least three years in prison and a fine of not less than $14,000. A judge my decide to reduce this three year term, but there is still a mandatory sentence of at least 180 days in jail, 30 of which must be served consecutively.
Driving while under the influence of drugs or alcohol is a very serious situation. Not only is the driver’s life in danger, but also the driver’s passengers, and any other car or pedestrian that happens to be on the road during that time. The results of a DWI conviction can lead to fairly severe penalties. Ideally, one would not place him or her self in a situation where one can be convicted, meaning to not drive while under the influence. When one does happen to be pulled over and charged with this offense, however, a lawyer who will be able to protect one’s rights and will be able to lead a person through the legal process can be an invaluable asset.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 14th, 2009 at 03:02pm
Under Drunk Driving Law
Drunk driving has been an ongoing issue not only the U.S., but in many areas around the world. Various organizations have tried different things to prevent drunk driving, but this problem keeps going on and on. It seems that every time you turn on the news, there’s a report about a celebrity who’s been caught drunk driving. This problem as become acceptable in our society. Some of the ideas that have been brought up to conquer this drunk driving problem include:
* Passing laws that prohibit open containers in public places. Some states also have laws that prohibit open containers in cars. Whether or not these types of laws have prevented drunk driving is actually difficult to know.
* Special designation on the license plates of people whose driver’s license have been revoked or suspended for a DUI/DWI.
* Restricting nighttime driving for younger drivers.
* Monitoring repeat drunk driving offenders with electronic devices such as ankle bracelets or installing breath analyzing instruments in their vehicles.
* Requiring the government to provide more education in schools and information about alcohol and drunk driving to prospective drivers.
* Have more public service announcements on TV and the radio.
Perhaps more education, increased awareness and harsher penalties would probably be the best combination to prevent drunk driving. Moreover, creating a sense of social responsibility in our children could further reduce DUI instances in the future. Being consistent in advertising or literature is important in educating people on the dangers of drinking and driving. A one-time TV ad or newspaper article isn’t enough these days to convince people to stop their bad behavior!
Maria Palma is a freelance writer dedicated to helping people find
San Diego DUI lawyers. Get help and information with your
DUI in San Diego. Contact Maria: maria [at] salondemaria.info
By Law Article
July 14th, 2009 at 03:03am
Under DUI Law
Illinois DUI Law
DUI FACT SHEET
DUI DEFINED: The operation of a motor vehicle in the State of Illinois while 1) having a blood or breath alcohol concentration of .08 or greater; 2) under the influence of alcohol; 3) under the influence of any intoxicating compound, compounds, drug or drugs either in combination with alcohol or alone, rendering the driver incapable of driving safely; or 4) having any amount of a controlled substance, intoxicating compound, or cannabis in the driver’s system resulting from the illegal use of that substance, compound or cannabis.
PENALTIES: If charged as a Class A misdemeanor, the potential penalty is up to 364 days in jail and a fine of up to $2,500. If charged as a Class 4 felony, the potential penalty is up to 3 years in prison and a fine of up to $25,000.00. In certain instances it may be a Class 2 Felony carrying up to 7 years in prison.
LICENSE PENALTIES: There are two types of driver license penalties associated with a DUI. The first is the Statutory Summary Suspension. This happens on the 46th day after receiving notice, and is related to the taking of chemical tests shortly after being arrested for a DUI. This suspension can range from 3 months to 3 years. There are strict time periods related to court proceedings for a Summary Suspension. If you receive such a suspension, you have only 90 days in which to contest it in court by filing a petition, asking a judge to lift the suspension. After filing the petition, the State must give you a hearing on your license status within 30 days or the suspension is lifted. This is a complex procedure, and it is best to have a lawyer quickly to best protect your driving privileges, or to assist you in obtaining a Judicial Driving Permit (JDP), which may allow you to drive during your suspension for work, school, or medical care. The second type of license penalty is a revocation. This takes place with a conviction on the DUI, and takes away your driving privileges without a time limit. It is very difficult to have your license restored after a revocation. Individuals who are first time DUI offenders are eligible for supervision. This is not a conviction, and will not result in a revocation. CRIMINAL MATTER: A DUI is a criminal charge, and the process after the arrest is the same as all other criminal charges. DISCOVERY: The state must provide to you and your attorney the evidence that it has against you. This would include police reports, video tapes, hospital records, test results, status of testing equipment, and all other information in the state’s possession relating to the charges. MOTIONS: This is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, and Motion to Suppress Statement, can result in a case being dismissed. Experienced lawyers monitor the case and the evidence to determine if there are important motions to be made that affect their client’s freedom. PLEA AGREEMENT: This is when the State’s Attorney, Defense Attorney, and Defendant agree what penalty will be imposed if the Defendant pleads guilty. An experienced attorney knows what the usual penalties are for specific situations; in that way he can arrange for the best possible outcome for his client. TRIAL: In the event that there is no agreement in return for a plea (or the case is not disposed of by way of a motion), then a trial is held, and the defendant maintains his plea of not guilty. At trial, the state presents evidence to either a judge or a jury. If the state does not prove the defendant guilty beyond a reasonable doubt, the defendant is found not guilty and the case is over. If guilt is proved beyond a reasonable doubt, then the judge who presided at the trial will impose a penalty within the boundaries of the law.
© 2007 Shestokas Raines & Malavia, P.C
http://shestokas.com/
Mr. Shestokas earned his B.A. in Political Science from Bradley University in 1975 and his Juris Doctor from The John Marshall Law School, cum laude, in June of 1987. He also studied law at Trinity College in Dublin, Ireland.
Mr. Shestokas founded the Law Office of David Shestokas in November, 1987. After practicing in areas such as criminal defense, corporate law, real estate, and business financing, he later served as Assistant State’s Attorney for the Cook County State’s Attorney’s Office in Chicago, IL, from 1994 to 1998, involved in over 5,000 criminal prosecutions. During that time he also worked on the Felony Review Unit, participating in police investigations and making charging decisions in over 400 felony matters.
Mr. Shestokas has been admitted to practice law before the Illinois Supreme Court in 1987, the United States District Court for the Northern District of Illinois in 1988, the Supreme Court of Florida in 2004, and the United States District Court for the Middle District of Florida in 2006. Additionally, he has participated in numerous activities and associations; for instance, he has been a member of the Lemont Law Enforcement Association (1998-2004), Lemont Public Library Trustee (1995-2004), Lemont Township Board of School Trustees (1998-1999), the Chicago Bar Association (from 1999 to the present), the Baltic Bar Association (1991 to the present. More detail can be found at
http://shestokas.com/David_Shestokas.html
By Law Article
July 13th, 2009 at 03:02am
Under Drunk Driving Law
An article entitled “Drunk Driving” was featured on the “Insurance Information Institute” website in February of 2007. Pardon the pun, but the following three statistical facts that were discussed in this article are quite “sobering.”
Alcohol-Related Fatalities
First, in spite of increasing the number of anti-drunk driving laws and campaigns, the number of people who died in alcohol-related accidents went down by only .2% from 2004 to 2005 (16,919 in 2004 versus 16,885 in 2005). While every life saved is important, this decrease, from a statistical standpoint, however, was not significant. In other words, the fact that 34 fewer people died in alcohol-related accidents in 2005 than in 2004 could have happened totally by chance rather than because of stricter drunk driving laws or because of the influence of citizen activist groups such as Mothers Against Drunk Drivers (MADD).
Repeat DUI Offenders
Second, even with the passing of stricter DUI laws and consequences, over 50% of US drivers arrested for drunk driving are repeat offenders. This statistic is disturbing when viewed on its own merits. What has also become “newsworthy,” however, is the number of repeat offenders who have received an outrageous number of DUIs.
For instance in early 2006, an Ohio man who received 12 DUIs within a ten-year period of time killed two Hiram college students in an alcohol-related accident. Not surprisingly, many people in the local community were outraged with the driver who accidentally killed the two college students.
What was perhaps more revealing in this case, however, was the number of phone calls made to the radio talk shows by people asking who the judges and prosecutors were and what the consequences were for this driver after he received his 3rd, his 8th, and his 11th DUIs. In other words, people starting asking the “tough questions” regarding the accountability of those who received multiple DUIs as well as the accountability of the judges and prosecutors who were involved in the repeat offenders’ legal proceedings.
Many Drivers with Suspended Licenses Still Drive
Third, 67% of US drivers with suspended licenses still drive. From a logical standpoint, many people must be asking themselves how this is possible in an age of technological advancement that features capabilities such as “real-time” computer access to driver registration information that is available to the law enforcement community.
Drunk Driving Countermeasures
According to the authors of “Drunk Driving,” a number of countermeasures have been undertaken that have targeted alcohol-related fatalities on the US roads. For instance, existing drunk driving laws have become stricter, new laws have been passed, drunk driving task forces have been established by many states, and citizen activist groups such as MADD have influenced some of the attitudes toward drinking and driving in our society.
As noteworthy as these anti-drunk driving laws and campaigns have been, however, the fact remains that only 34 fewer people died in alcohol-related accidents in 2005 than in 2004. Obviously, other measures must be undertaken in order to significantly reduce the number of US people who die in alcohol-related traffic accidents.
Additional Anti-Drunk Driving Initiatives
In response to the need for more ammunition in the “war” on alcohol-related traffic accidents, I propose two additional anti-drunk driving initiatives. First, those who are incarcerated due to alcohol-related offenses need to receive mandatory alcoholism treatment while they are in jail or in prison. True, other drivers are safer when the offending persons are “off the streets” and incarcerated. When the jail or prison sentence is completed, however, the vast majority of alcohol-related offenders will return to the “real world.” Acknowledging this reality, I submit that alcohol-related offenders who have received alcoholism treatment while incarcerated are more likely to become responsible people who refrain from drinking while driving and less likely to become repeat DUI offenders once they return to society.
Second, significant and observable changes in our attitudes about drinking alcohol need to take place in our society. Due to the fact that drinking alcohol is so accessible, acceptable, and intimately ingrained in our society, however, it has been extremely difficult for many individuals, especially the youth, to truly understand the destructive, unhealthy, and fatal aspects of alcohol abuse and alcoholism. This needs to change.
Our Enlightened and Aware Society
Our society has become more enlightened and more aware of the health hazards, fatalities, and destructive consequences of alcohol abuse and alcoholism. It is therefore time for us to balance the prevailing marketing “message” with a more realistic and healthy perspective regarding alcohol consumption. Stated differently, drinking alcohol needs to be less advertised, less glamorized, and seen as less “cool” while the commercials, advertisements, and public service messages that emphasize healthy, safe, and alcohol-free activities and lifestyles need to be increased.
Conclusion
Obviously, something besides our current anti-drunk driving laws and campaigns needs to be done in order to significantly decrease the alcohol-related fatalities on our highways. I assert that mandatory alcoholism treatment for people who are incarcerated for alcohol-related offenses and noticeable and significant changes in our attitudes toward drinking alcohol are important factors that will help contribute to the significant reduction in the number of people in our society who die in alcohol-related traffic accidents every year.
Copyright 2007 – Denny Soinski. All Rights Reserved Worldwide. Reprint Rights: You may reprint this article as long as you leave all of the links active, do not edit the article in any way, and give the author credit.
Denny Soinski, Ph.D, writes about
alcoholism detox and recovery, alcohol addiction, alcohol detoxification, Alcoholics Anonymous meetings,
alcohol addiction intervention, alcoholism, alcohol recovery, alcohol treatment, and alcohol rehab. For more information, please visit
college alcohol abuse right away.
By Law Article
July 12th, 2009 at 09:03am
Under DUI Law
DUI laws now entail reform which will continue to sweep the nation. In the past it was a few states that took the forefront when it came to arrests and prosecutions. Some instances may have seemed onerous or even is some cases unconstitutional. Yet, despite opposition. Many of these changes in legislation are now law.
Myriad states have been under serious pressure to lower the thresholds for evidentiary prosecution and to raise the bar in regards to ramifications and punishments. Activist groups like SADD and MADD have for many years led the charge for reform and are no longer small groups with a weak cry. In fact, they are well organized and well funded. The type of resources they wield equates to political clout.
It is no secret that politicians whether incumbents or those up for first time election make DUI reform part of their political platform. This is despite opposition by civil rights groups who will argue that many of the changes border on violations of civil rights. Many of the tactics and procedures being used in the majority of the United States by police officers and sheriff departments have been characterized as being Draconian and at minimum onerous.
The opposition has achieved little traction in their efforts to dilute widespread reform as it is has become clearly politically incorrect to appear to condone drunk driving especially when so many states can tout death rates due to alcohol related accidents diminishing at an unprecedented rate. These statistics have been the impetus to quickly attract some of the states that were lagging in DUI reform.
Some states have actually initiated test programs whereby under specific circumstances if a police officer who senses a motorist may be intoxicated to the point they exceed the legal limit (in most states is .08 for Blood Alcohol Content), then the motorist is subject to immediate imprisonment if they do not agree to a field chemical test. The motorist in some scenarios is then taken to the police station whereby a round the clock rotating judge system awaits them. It could be adjudicated that a blood sample be drawn voluntarily or involuntarily.
If the above sounds over the top to you, you are by no means in the minority. Few individuals realize that the majority of states require a series of implied concessions to receive a driver’s license in their state. You have agreed to many of the procedures and potential consequences as a predicate to the issuance of your license.
These laws are sometimes referred to as a violation of the state’s per se laws. In addition, most states are now moving to what is called an actual physical control state. This means any individual, not just the driver, may be prosecuted. The law stipulates that an individual must have exclusive physical power and present ability to operate, move, park or direct whatsoever a motor vehicle.
Types of DUI laws can be complex and confusing. If a person is asleep or simply sitting in a motor vehicle they may be guilty of DUI. It is critical that you research and hire a quality DUI attorney. Do not settle for deals or vague promises of success. The cold truth is that the prosecution is not looking to find you innocent. A skilled and experienced DUI attorney is paramount in order to have a chance for a positive outcome.
By Law Article