DUI Defense Attorney

dui defense attorney
Is it possible to get out of a contract If I signed it while a minor?

About a year or two ago I got a DUI and had to go to Virginia alcohol safety action program. I signed a contract with them saying I would not do drugs etc for a year. I recently got in trouble and this time around I’m too rich for a court appointed attorney and to poor for a real lawyer so I’m looking at my options. Is it possible for ASAP to hold me to the agreement if I signed it as a minor and, if so, is this a good defense. I really need help here this program screwed me for months and took all of my money for a long time. I do not wish to go back through it and also please do not bad mouth the DUI. I did not get into a wreck I’m a very responsible driver. They found a friend’s open beer next to me and charged me with DUIi and possession etc. It sucked. Thank you for reading. They are threatening to send me to jail for 30 days. I wish I could get an attorney

I would assume that the VASAP was court ordered, if that is the case then you can not get out of the contract by claiming to be a minor at the time of signing it. You were a ward of the court and this makes the contract binding.

My guess is you are screwed, unless you can get a good attorney. Even with a good attorney it is likely that you will have to complete the course.

Jesse James Hollywood Captured in Brazil pt 1

Suspended License

suspended license

Driving Suspended License Virginia Third Subsequent Offense Code 46.2-301 Maryland Massachusetts No Operators Revoked

ANTWAIN LEVELLE HARRIS v. COMMONWEALTH OF VIRGINIA

COURT OF APPEALS OF VIRGINIA

56 Va. App. 253

May 18, 2010, Decided

The record also showed that appellant had been convicted of driving on a suspended license on September 2, 2007 in violation of Code § 46.2-301(B).  Appellant was convicted of driving on a suspended license, third or subsequent offense, in violation of Virginia Code § 46.2-301.

Whether the trial court erred in finding the evidence sufficient to convict the appellant of driving on a suspended license, third or subsequent offense?

Code § 46.2-301(C) classifies driving on a suspended license as a Class 1 misdemeanor. However, “[a] third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days.  Viewing Code § 46.2-301 in its entirety, the enhanced punishment provision in subsection C, on proof of three or more offenses of driving on a suspended license, necessarily encompasses violation of a “substantially similar local ordinance.” Code § 46.2-301(B.  The evidence proved that appellant had been convicted of driving on a suspended license on three prior occasions, once on a charge of violating Code § 46.2-301(B) and twice on charges of violating a “substantially similar” ordinance under Code § 46.2-301(B).

Accordingly, this court concluded that the trial court did not erred in convicting appellant of driving on a suspended license, third or subsequent offense, nor did it erred in sentencing appellant to a mandatory minimum of ten days incarceration pursuant to Code § 46.2-301(C).

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

About the Author

The SRIS Law Group Driving On Suspended License Defense Lawyers defend clients charged with driving on suspended license/no operators license/driving on revoked license in Virginia, Maryland & Massachusetts.

Suspended License!

DWI Consequences

dwi consequences

40 Ways to Beat a Dui Dwi in your State

Americas Top DUI DWI Attorney Website

If you have been arrested for DUI or DWI, it is obviously cause for concern—but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That’s why it would be a good idea to consider hiring one of America’s Top DUI and DWI Defense Attorneys http:www.1800dialdui.com now. Here’s a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help.

ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.


ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.

BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.

FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.

POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

BREATH TEST OPERATOR UNLICENSED – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.

BREATHALYZER MACHINE MALFUNCTIONS – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.

BREATH TEST OPERATOR LICENSE EXPIRED – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible.

BREATH TEST DEVICE NOT APPROVED – A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.

INDEPENDENT WITNESSES – Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.

FAILURE TO MIRANDIZE – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility.

PORTABLE BREATH TEST INADMISSIBLE – Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

FAILURE TO CONDUCT OBSERVATION PERIOD – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

MEDICAL AND HEALTH PROBLEMS – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

LACK OF PROBABLE CAUSE TO ARREST – A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.

PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.

POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

INTERFERING SUBSTANCES – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

FAILURES TO PRODUCE DISPATCH TAPES – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.

STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

PRIVATE PROPERTY – A person who has not driven the car on a public highway cannot be suspended for drunk driving.

FAILURE TO DISCLOSE EXPERTS – The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.

LACTATE RINGERS – When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

FORCED BLOOD DRAWS – In some states, the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.

(disclaimer) State laws may vary. Please consult an attorney for legal advice on actual application in your state.

About the Author

Donald Ramsell is the only Illinois DUI Defense Attorney to argue a case before the United States Supreme Court. He was named an ‘Illinois Super Lawyer’ by Chicago Magazine, and has been Board Certified by the National College of DUI Defense. Additionally, he is a Certified Field Sobriety Instructor. Since 1986, his firm has defended over 13,000 DUI and Traffic Cases.

DWI, Don’t Drink and Drive

Drunk Driving Lawyers

drunk driving lawyers

Why Should You Hire A Drunk Driving Lawyer NJ?

A New Jersey drunk driving attorney is a specialist professional who can handle your case with the most professional approach in the court. Drunk driving accidents are very ordinary and one of the most terrible of all accidents that take place on road. A very huge number of these accidents take place in New Jersey – indeed, the figure is increasingly rising. As a result, the probability that you or your loved one may get injured in such an accident on the road is very high. In such a situation, it’s significant for you to be conscious of the lawful steps that you’d take in such a case. If you’ve a legal claim, you’re entitled to file a complaint against the party liable for the accident and the consequential injuries to you or your loved ones. But, taking into consideration the complications engaged in the legal process, it might not be very simple for you to prove that you’ve a genuine claim. Even though you make it a point in proving the legality of the claim, you may end up being paid a compensation that is zero compared to what you really are worthy of. This is the reason why nearly everyone has a preference to appoint a skilled drunk driving lawyer NJ to handle his or her case in the court.

 

The Advantages Of Hiring An Attorney

 

It’s very essential for you to consider that the court knows a bigger language – the language of law. As attorneys have skill in handling diverse DUI cases in the court, they have excellent dominion over the language the court knows. They will present your case professionally before the court and will have no intricacy in proving that you’ve a lawful claim and that you ought to have a higher amount of compensation as a consequence of the monetary and psychosomatic loss you’ve suffered because of the accident.

 

A New Jersey drunk driving attorney moreover has an investigating team that will inspect all the technical facets linked with your case with the intention of collecting solid proof and evidences to hold up your claim. The DUI cases are generally so complex that at times the judgment goes totally in your opposition, though you’re the sufferer. For instance, the other party who is accountable for the accident may present the case in a deceptive way and may hold you liable – ethically and monetarily – for the accident. Therefore, ensure that you file the claim with the assistance of a veteran drunk driving lawyer NJ. The lawyers will ensure that you obtain the highest amount of compensation that you are worthy of and that the party liable for the accident and your injuries gets the hardest retribution they ought to have.

 

Always keep in mind; it’s not only the monetary facet that makes it vital for you to file your allege in the court, there is an ethical facet also. For instance, even though you’re very rich and you can convene the enormous medical costs to treat injuries easily, you’d still file a complaint and get the responsible ones penalized. The aim should be to teach them a lesson that they should never yet again endeavor to drive vehicle while drunk. A professional New Jersey drunk driving attorney will direct you on how to carry out that in a stress-free manner.

About the Author

New Jersey Drunk Driving Attorney will assist you in your DUI charges. This Toxic Torts Attorney New Jersey will try to dismiss your case.

Sacramento DUI Attorney John A. Campanella

DWI Attorney

dwi attorney

Finding Affordable DWI Attorney to Defend Your DWI Case

Every state has a law regarding driving while intoxicated of popularly known as DWI. This is because many of the American drivers are still neglecting the fact that DWI is very dangerous not only in the life of the driver but also in the life of the other people on the road. A person being charge with DWI is facing several penalties which may cause you headache and the only person who can help you is a DWI Attorney. You might have several questions on how you can arrange everything to get back your driving privileges and so you have to hire your DWI Attorney to make all things clear to you.

The penalties against drunken driving charges vary from state to state. There are certain considerations which are use as basis on giving you punishment depending on the law of your state. Some of the punishment you have to consult with your DWI Attorney are probation, suspension of your driver’s license, community service, jail time and fines which will cost you a lot of money. There are things which might not you understand and having a DWI Attorney at your side will lessen your confusion. Your DWI Attorney will also help you to get out from your case and even reduce the punishments given to you.

It is really to face such situation especially when you feel that you do not have the power to defend yourself. But just like the other people, you do have the right for a defense that is why you need to get your DWI Attorney who will be the one to defense you. In fact, even if you do not pursue a trial, your DWI Attorney can help you to lower your charges even if you are found guilty. The court will give you time to find your DWI Attorney prior to your arraignment and so you should do your best to look for the finest DWI Attorney in your state who can give you the confidence after your arrest. And if your DWI attorney has found some errors in your case or lack of probable cause, he can take this as an advantage to make your case dismiss.

You do need a DWI Attorney because you cannot face your case alone since you do not have enough knowledge on legal matters. Since you will be working with your DWI Attorney in with whole time of arranging your case, it is very important to feel comfortable with your DWI Attorney. Also you have to make sure that the DWI Attorney that you will hire has enough experience in such case so that you can feel confident that you can get out from your case and you can drive your car once again.

You know that hiring a DWI Attorney is u just know where to look for, you can possible find a DWI Attorney which can offer you a free consultation of your case. You can find DWI Attorney in your place that is specialized in such case. Going online can make your search of DWI Attorney easier and more convenient since all you have to do is to fill out a form and after submitting your form, a DWI Attorney in your place will contact you for a free consultation. Thus you can now have the best weapon in facing your legal case.

About the Author

Brian Kent is a professional lawyer who is engaged in writing articles that revolve around the topic of legal issues such as the DWI or DUI cases. You can find most of the topics regarding his written works at this site: http://www.dwiattorney.com

Raleigh DWI Attorney Michael Driver on the Amber Dowen Trial

Drunk Driving

drunk driving

Contact A Drunk-Driving Accident Lawyer In Los Angeles To Win Your Claim

One dilemma that continues to thrive in Los Angeles, California is the number of drunk driving accidents that citizens fall victim to each year. With the numbers increasing all the time, it is becoming ever more likely that you or someone you know will also become a victim. This growing concern makes it progressively more necessary for you to be aware of your legal options. There are many lawyers in Los Angeles that specialize particularly in these types of accidents and who are willing and able to offer you every advantage necessary to winning a just settlement.

If you aren’t entirely sure if you need a drunk-driving accident lawyer, the best way to find out is to convene with one and converse about your claim. Oftentimes, law firms will give inexpensive or even free consultation time to those who aren’t sure whether or not they have a valid claim. If you’ve obtained injuries from your accident, it would be wise for you to consult with an accident lawyer as quickly as you are able to after the event. You should also receive any medical attention you may need for your injuries immediately. Sometimes victims claim that their wounds are too small to require medical attention. However, small injuries that are caused during drunk-driving accidents and are ignored can sometimes result in more serious and costly medical complications later in life. To avoid this scenario, it would be wise to consult the expertise of medical professionals, regardless of the triviality of your injury.

After you’ve been advised by a Los Angeles drunk-driving accident lawyer, he or she will be able to offer you a precise calculation of the value of your claim. The settlement you obtain will help you pay the medical fees that were incurred in the care of your injuries. Many victims who are unable to work because of the injuries they’ve received also use the money to pay for other expenses, like a mortgage payment, utility costs, and more. An informative and educated Los Angeles drunk-driving accident lawyer will determine the amount of your needs and your expenses when deciding the fairest value for your claim.

Once your lawyer has helped you earn your settlement funds, it usually takes a certain amount of time for the money to reach you. In addition, it is typically dispersed in monthly installments over another period of time. Some find that these installments are not enough to immediately cover the medical fees they have incurred while receiving care for their injuries. If you find yourself in a similar situation, your lawyer can recommend to you a pre-settlement lender. Most lawyers know reputable lenders who offer pre-settlement advances to clients in need. These loans can help cover the cost of medical expenses that may be due before your settlement arrives in its entirety. This means you can pay the bills you have due now even though you won’t receive your settlement funds until later.

About the Author

Joel McLaughlin
Learn more about Los Angeles Car Accident Lawyers.

Drunk Driving Accident Caught On Tape

DUI Offense

dui offense

An Overview Of Dallas Dui Offense And Texas Dui Laws

Charged with DUI in Dallas, leaves you with no choice other than consulting a qualified and experienced Dallas DUI attorney as early as possible. Many people think that DUI offenses are as simple as any other traffic offense. But the truth is this type of offense has much serious consequences and legal issues that leave deep impact on the offender’s future and fortune.

Every state across U. S. has its own DUI laws to help people in the legal proceeding and fight their DUI cases. Texas has its own laws and punishments for DUI offenses, which are duly followed in every city across the state. Dallas is not an exception. Dallas DUI laws are nothing more or nothing less than Texas DUI laws.

In Texas, like any other state in U.S., Driving under Influence or DUI is considered as a criminal offense, which can result into serious and long-lasting consequences. However, according to Texas DUI attorneys, the DUI laws of this state have some notable differences from the other U.S. state’s DUI laws. If you are driving in Dallas or hold a Texas drivers license, you must know all the legal rules and pitfalls related to DUI (Driving under Influence).

In Texas, First time DUI arrests are classified as class B misdemeanor. If you are faced with DUI arrest in Dallas, your serve time will extend to a minimum period of 72 hours or 3 days to as long as 6 days. You will also have to pay a DUI fine, the amount of which is determined according to the degree of DWI cases. However, the amount does not exceed $2,000. The only good thing about first Dallas DUI offense is that your car will not be impounded, which means the vehicle you were driving would not be seized. Convicted with a DUI offense, you will have to complete a 12 hour DUI class, which is assumed to be over within 180 days after your probation is granted.

On the other hand, for Second offense, your DUI charges will be treated as class A misdemeanor. A Third DUI charge is however, considered equivalent to a 3rd degree felony. If you are arrested or convicted for third DUI in Dallas, your time serve will be not less than 72 hours not more than 1 year. For the same you will have to serve a jail time not less than 2 years and not more than 10 years.

However, once charged with a DUI offense, you should immediately get in touch with the best Dallas DUI attorney and hire him to fight your case. If you do not have the money to hire a private Dallas DUI lawyer, do not worry! It is the State’s duty to provide you with a professional DUI lawyer. Since public attorneys have a never-ending list of DUI cases lined-up, it does not ensure a good quality of representation.

Therefore, it is always recommended that you hire one of the best, yet affordable private Dallas DUI lawyers available in the city in order to prevent future litigation and court proceedings that arise from DUI arrest.

About the Author

Steven Brown is a professional Internet marketer. To get the Dallas dui attorneys dui lawyers, DWI lawyer Texas dui attorney or Dallas dwi attorneys lawyers Texas visit www.dallasdui.us

Connecticut DUI Third Offense Penalties by Jay Ruane

Implied Consent Law

implied consent law
Driver’s Education Questions – Please help me!?

32. The implied consent laws state that

drivers must be 16 in order to get behind the wheel of a motor vehicle.
drivers will consent to taking a BAC test if requested by a police officer.
drivers will consent to taking a BAC test if requested by a police officer.
drivers will consent to going to driving school if charged with reckless driving.

33. Which item shows who is responsible for operating a vehicle?

driver’s license
license plate
vehicle registration
certificate of title

What state are you in? The answer to number 33 would be driver’s license as the person on it is responsible for the vehicle that they are driving.

GA Implied Consent Law Explained

DWI Accident

dwi accident
If you are in an accident and your found guilty with a DUI/DWI…does insurance still pay for all the damages?

Yes, but it gives the insurance a good reason to drop you completely, raise your rates, or put you in high risk status.

They may also require you to do an SR22 filing to keep your license if they didn’t already take it from you upon conviction.

Wisconsin Dui Attorney, Accident Attorney, Traffic Tickets,

Criminal Defense Lawyers

criminal defense lawyers
How much is a criminal defense lawyer for 4 counts trafficking cocaine and 1 count poss. marijuana?

How much is a criminal defense lawyer for 4 counts trafficking cocaine and 1 count poss. marijuana. Need to know asap.
I know about public defenders. Im not an idiot. But public defenders dont do ANYTHING. He is going to get maximum time with a p.d.

And I dont know what that slang is.. what is a quarter pound and 2 dime bags

Probably cost you a quarter pound, and 2 dime bags.

Day in the Life of a Criminal Defense Attorney