101duiattorney.com: DUI Attorney Guide 101duiattorney.com: DUI Attorney Guide http://www.101duiattorney.com/dui_attorney_guide/ Copyright by 101duiattorney.com en 101duiattorney.com Fri, 19 Jan 2018 10:31:49 -0500 Common DUI Defenses You Should Know About Were you recently charged with a DUI? According to Statistic Brain, an average of 1,500,000 drivers are arrested annually for driving while under the influence. That comes to about 1,250 people out of every 100,000. Within this number, however, there are those who do not deserve the conviction and who are able to appeal the charge in court.

According to Aaron Black, a Scottsdale, AZ DUI Lawyer, “A DUI on your record can affect your future job prospects.” So it pays to do your research and figure out if you are among those who have a chance of winning a DUI case. The following are common DUI defenses that may apply to your situation.

If your Miranda warning was not read to you.

In some cases, the officers who make the arrest do not follow protocol. The Miranda warning is a compilation of statements that lets you know of your rights upon being arrested. The arresting officer must tell you the following points:

  • That you can remain silent.
  • That what you say might be used against you in court.
  • That you have the right to a lawyer being present during questioning.
  • That a lawyer will be appointed to you if you cannot afford one yourself.

If, at the time of arrest, your Miranda rights were not quoted to you. And you say something incriminating, then that incriminating statement may be thrown out when it reaches the court.

If there was no probable cause for your arrest.

In most cases, officers must provide probable cause to approach and stop your vehicle. Particularly if they mean to charge you with driving while under the influence. In many cases, they will flag a vehicle that is speeding, or that is not following traffic signals, or in some other way appears to have broken a law. The exception to this would be DUI checkpoints, where police stop drivers without needing probable cause.

If, however, a police officer pulls you over without a valid reason, the case may be deemed inadmissible. Often, the probable cause arises from field sobriety tests or from breathalyzers results. Or from assessing the driver's behavior. If you have had a field sobriety test or a breathalyzer taken, then it may be difficult to challenge your DUI. But if neither was taken, and the cases rests on the officer's testimony of your behavior, then this brings us to our next DUI defense.

If the officer's testimony is not an accurate assessment of what took place.

Was your DUI charge based on an officer's testimony and not on field test results or that of a breathalyzer? It is possible that the officer's observations may be inaccurate. Can you provide the witness of a second person who was also present and who can provide a different perspective on your behavior? It may be that what the officer saw and concluded as drunken behavior could have plausible explanations. For example, in some cases, certain disabilities or mental issues can give the appearance of intoxication. And there may be other reasons for the smell of alcohol about your person.

If you were sleeping in your car, not driving.

Were you sleeping off the effects of a late-night party in your car? Were you not found to be driving your vehicle at the time of the arrest? This one may apply to you. Many drivers will, in fact, sleep a couple hours in their car, before returning home, to get the alcohol out of their system and avoid impaired driving.

States differ on the definition of the terms "operating," but for the most part there must be proof that you were driving while under the influence. Juries will evaluate whether the driver was driving impaired, or if the driver was sleeping as claimed.

If there is an acceptable reason for believing the test results are not accurate.

Charged with a DUI based on probable cause gleaned from a breathalyzer test? The results of the test can be challenged if there were medications that could have altered the results in a significant way. Field test results and breathalyzers play a large role in the case made against you. But studies have proven that results can vary, depending on the person. Because of this unreliability, most DUI lawyers recommend that drivers should not submit to getting tested. Many drivers are unaware that there is no law requiring them to take the breathalyzer test. Get educated on your rights.

Protect your future by getting in contact with a trusted DUI attorney who can help you fight your charge.

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Thinking of Starting Your Own Legal Practice? This Article Has Tips Which Can Help When it comes to starting a business like a law firm, the majority of business owners focus on the service they will be pvodiging, And while this is a strong element of your business, if you don’t pay attention to the business side of your operations then your firm won’t last very long.

Below is some consideration to keeping in mind when starting your practice.

Sell Through Your Name

Do you have any idea what kind of legal service McMahon, Lannister, & Jackson provide? Neither does somebody who has recently been involved in a motor vehicle accident and is in need of a lawyer. Despite the firm being fully qualified to provide the service.

However, you can bet that if this potential client saw an ad for a firm with a name similar to L&J Motor Vehicle Accident Compensation Solicitors that they would pick up the phone and call the number.

While it doesn’t have to be as obvious as the example above, be sure that your name sells your service.

Keep a Hold of Your Startup Capital

It can be easy to think that you’re on the set of Entourage as soon as you get your business startup load, however, this is the easiest way to spend all of your money. Instead, employ similar tactics that you do with your personal finances.

For example, if you shop the Groupon Coupons page for Finish Line for your sports gear then you are already using a platform which can help you start your business. Pages like these are available for a range of products and services, from furnishing your reception area right through to installing computers for your staff.

Before you buy anything, look for a coupon or a discount.

Get a Website

It doesn’t matter if the only thing that your website has is your name, your address, contact phone number, and a clear list of the service you provide; you need a website.

Why? Continuing with the first example, imagine the person takes out their phone to search for a lawyer. They want one within their immediate area who can help them with their claims. Even if this potential new client is standing out the front of your office, unless you have a website then your listing isn’t going to be displayed, leaving the client to walk away to a nearby firm simply because their address appeared on the screen.

Even if it’s extremely basic, as long as it has enough for a search engine to pick it up it is sufficient.

It’s important to always remember that even though you are a lawyer, once you start a firm you become a business owner and you have to make the decision and bear the responsibility which comes with owning a business. Along with these tips, speak with previous colleagues who have also taken the plunge to start their own firm and ask for their advice.

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Was One More Drink Worth Getting a DUI? When you stop to think about it, was that one last drink worth getting a driving under the influence (DUI) charge?

For many in such a predicament, their personal and professional lives can turn into chaos.

So, what legal options do you have when a DUI is steering you in the face?

Finding the Best Legal Counsel

Your first step is to go out and locate an experienced DUI attorney.

Remember, he or she must give you the best possible scenario to beat the charges you face. With that being the case, their experience comes into play in a big way for you.

While there are some great young legal minds out there don’t you want someone who has been down this road many times? By getting experienced legal counsel, you better your odds of the charges going away.

Second, you want a legal pro that will stay in communication with you from start to finish. The last thing you want is feeling like you’re on the outside looking in with your own legal case. Having the right attorney to keep you abreast of your case is crucial.

Last, use the Internet in trying to find the right legal mind to fight for you.

Given the digital age most people choose to live in, you should have no problem scouring the web for an attorney.

In fact, you could be better off getting one through the Internet unless you already know of someone. By checking various legal web bios, you can learn more about your possible attorney of choice.

Will a Conviction Interrupt Your Life?

When facing a DUI conviction, remember the repercussions that can come from it.

First, will your career take a nosedive if your employer discovers you have a DUI conviction?

Although you may not do any significant jail time, you could lose your driver’s license for a period of time. If that is the outcome, how will you get to your job each day? Although mass transit or someone giving you a lift can be options, they can also be inconvenient.

Second, you have to look at the possible fallout of your job and a DUI conviction.

For example, what if you are a delivery driver or have to go out on a regular basis to meet clients? Now, what do you do without your driver’s license for a period of time?

As you can see, having a DUI conviction on your record can throw your career into a tailspin sooner than you think.

It is important to think about personal repercussions a DUI conviction could have on you.

What if your significant other says enough is enough?

You may have gotten away with drinking and not gotten caught when you intoxicated up to now. Now that you are in trouble and have the law coming down on you, that individual may not stand by you.

No matter how you look at it, getting a DUI conviction is not something you want in your life.

In having the best possible legal counsel, you have a good chance of driving away from years of trouble.

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Consequences of DUI conviction In Canada, motorists who have been found with Over 80 mg of alcohol in their blood can be charged with impaired driving, according to the Criminal Code.

If convicted, it can mean serious repercussions including fines, jail time, a loss of license and even a criminal record.

Fines, even for first time offenders, can be upwards of $1,000. Reoccurring offences can result in jail time. Second offenders can face up to 30 days while third offenders can be sentenced to 120 days minimum.

Regardless of whether the prosecution pursues the charge as an indictment or a summary conviction, it will mean a criminal record for you.

Having a criminal record means that your name, the crime, fingerprints and other details will be stored in a police database indefinitely.

This can hinder employment opportunities if potential employers do a background check. If they find you have a criminal past, you may not get offered the job.

In addition, it is legal for a landlord to refuse to rent to you if you have a criminal record.

You will likely also face difficulties getting car insurance because you will be seen as a risk. You may be forced to pay higher rates or even denied coverage.

Without a doubt you will lose your driving license for a time. If it is your first conviction you can lose your driving privilege for a year or more. For those who have had a DUI conviction before, depending on where you live, it could be 5-10 years before you are permitted to drive again.

Those who are found driving while under probation can be fined up to $2,000 and face jail time (14 days minimum).

It is important to be aware that even if your blood alcohol content (BAC) is not at .08, you may still be prevented from driving. If you have a BAC of .05 or higher your license will be taken away on the spot for up to 30 days. You may also be fined.

Just because you are charged with a crime does not mean you are guilty until proven innocent, but it does mean you will need to defend yourself. The best way to do that is by hiring a skilled expert to help you navigate the legal waters.

At Donich Law we have successfully represented many clients in DUI cases. Let us do the same for you.

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4 Things You Need to Know About Patents

Patent applications can be extremely valuable or a waste of time. It all depends on the suitability of your invention for patenting, and whether you put together the patent application correctly. If you are considering filing a patent for your invention, here are some key facts you need to know.

  1. The Need for a Patent (Or Not)

A patent means the product is exclusively owned by the inventor. This means that there is a legal barrier against other people offering competing, similar products in the marketplace. Patents also help to discourage litigation since the original inventor has the benefit of a patent to prove his or her claim to the original idea. Patents can also generate licensing revenue for the inventor and help them progress with profitable partnerships.

Patents are not the best idea in all cases, however. When deciding on whether to put together a patent application it is important to consider the expense, including patent lawyer costs, the time taken, and the possibility that the product may not be as innovative or profitable when the patent is granted if it is developed in a fast-paced industry.

  1. The Need for Professional Advice

The above considerations are never straightforward and it is important to consult a professional patent attorney in order to find out whether it is going to be profitable to push a patent application forward. There is a need for transparent, confidential advice and realistic decisions can then be taken.

  1. Filing a Provisional Patent Application

It is possible to file a provisional patent application for an invention. This is to make sure that a priority date is set for an invention, but the patent application is not examined. These provisional patent applications are normally documents like white papers, product manuals, or software specifications. They can be converted to full patent applications.

  1. Jurisdiction of Patents

You file for a patent in one jurisdiction, or several, and the patent is enforceable in these jurisdictions. If you want to have patent protection around the world then you need to file in each individual country. Of course, this may not be ideal for a company since the process is expensive. However, there are opportunities for entering into additional markets with strategic patent applications which can also be discussed further with a patent attorney. Certain jurisdictions are certainly more useful than others when it comes to worldwide protection of an invention.

If you are considering patenting your invention, the first step should be to seek expert legal advice regarding the patent application process for the area in which you wish to protect your invention. An initial consultation should clearly indicate if your invention warrants the time and effort required to get a patent granted.

Image courtesy of Stuart Miles/ FreeDigitalPhotos.net

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What to Do if Charged With a Criminal Offence Being charged with a criminal offence does not automatically mean you are going to jail or that your life is ruined. There are many things that need to occur prior to receiving a guilty sentence from the courts and one of them is having the chance to defend yourself. Here are 5 things you should do if you are charged with a criminal offence.

Take It Seriously

Regardless of if you are innocent of all charges or guilty, you need to take a criminal charge seriously. It is not like a parking ticket, if you ignore a criminal charge it won’t simply pop back up in your life as a nuisance later on. Take it seriously from the very beginning.

Do Not Incriminate Yourself

Sometimes trying to prove your innocence can be to your own detriment. There are processes and procedures that a must be followed in order to prove you are innocent of the crime you are charged with. Attempting to tell your side of the story can often lead to more problems for you as the process goes on.

Hire a Competent Lawyer

This is your life you are gambling with, don’t simply hire a lawyer because they are cheap and available. Do your own due diligence and hire a competent lawyer who can assist you through this difficult time and ensure that you do not receive an unjust sentence. Your criminal defence lawyer will be able to guide you through the criminal justice system, answer your many questions, negotiate on your behalf and help bring upon a fair verdict.

Stay Away From Social Media

Although you may be tempted to scream from the social media rooftops that you are innocent and were falsely accused, it’s best to avoid posting anything that pertains to your case to any social media accounts. Nothing on the internet is private, even if you think it might be. Do nothing that can incriminate you or weaken your defence through your social media channels.

Don’t Panic

Although being charged with a criminal offence is a very big deal, it’s best to try to keep your cool. You may be in for a long haul of trials ahead. Not allowing yourself to panic and trusting your defence lawyer to help you safely through the process will help present you in a professional light as opposed to agitated and possibly “questionable”.

Being charged with a criminal offence can be an unnerving experience for anyone. Remember to follow these 5 steps and help yourself complete the process with minimal stress.

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Can Calgary Criminal Lawyers Keep You Off Ignition Interlock After a DUI Arrest? Calgary criminal lawyers are crucial for those arrested on DUI charges in Calgary. If you’re convicted, your license may be suspended for up to a year, and you may have to pay a $1,500 fine. If you’re a repeat offender, you can go to jail for a year or even longer.

Your insurance premiums go up, crossing the border to the US may become problematic, and you may even lose your job. You might also have to take part in the Ignition Interlock Program.

Here are some facts you need to know about the program:

  1. The program requires you to have an ignition interlock device installed in your car after you’ve been convicted for impaired driving.
  2. This device is a type of breathalyser, and it makes it much more difficult for you to once again drive while you’re drunk. You have to exhale into this gadget before you can start your vehicle. The vehicle won’t start at all if it detects that your blood alcohol level is over a set amount, which is usually set at 0.05.
  3. To make sure that you don’t suddenly drink while you’re behind the wheel, the device will require you to provide your breath samples at random times during your car trip. If it detects a high blood alcohol level, it will record the event. It will then start an alarm until you turn off the ignition or the alcohol level in your breath sample goes down.
  4. The duration of the program depends on what’s stated in your Calgary Notice of Suspension. It usually ranges from a year to three Once the term is done, the officials can remove the gadget.
  5. This program can be very expensive for you. You have to pay for the installation of the device, and that’s usually $145 unless the cost has gone up. Then there’s a monthly rent for the breathalyser, and that’s about $95 per Then you have to shell out another $50 to have the ignition interlock device removed once the term is done.

So if your Notice of Suspension requires the use of the device for 3 whole years, the total cost for you is $3,615.

  1. It is possible for you to avoid the inconvenience and expense of the ignition interlock program. One way is for your lawyer to arrange a plea deal that downgrades the charge from a criminal DUI to a provincial careless driving charge.
  2. Your lawyer may also arrange for you to offer an explanation as to why you should be exempted from the ignition interlock program. This may happen if the alleged blood alcohol level wasn’t too high and if it is your very first DUI charge.
  3. It’s also possible for you to be exempted if there are any special circumstances that make this program unworkable in your case. Your lawyer can help find any special circumstances that would make the program unfeasible for your situation.

So if you’re ever arrested for DUI, make sure you get an experienced lawyer to help. Calgary criminal lawyers can try to minimize your punishment, and may even let you off the ignition interlock program.

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DUI in Alberta: Crucial Questions and Answers Searching for a good DUI lawyer in Alberta commonly involves many important questions and considerations, and it can be difficult to find a clear and concise answer to legal enquiries. In this short guide, we aim to answer the most frequently asked questions about this process, providing you with a snapshot of how it functions and how you can maximize your chances if you’ve found yourself with a DUI charge.

Am I going to jail?

If it’s a no-injury DUI charge, then it’s highly unlikely that you will go to jail on your first conviction. On the other hand, if your impaired driving led to bodily harm or death, then there’s a very high likelihood of you experiencing a jail term of some sort.

Can I hire any lawyer?

DUI law is perhaps one of the most complicated areas of criminal law, given the number of loopholes that can potentially affect the outcome. Acquiring the skills to become a good impaired driving defence lawyer takes years of training and a wealth of experience. You may find a general lawyer who charges dirt-cheap fees, but it is always worth asking yourself - is it worth the risk? Would you be willing to go to jail and/or pay a hefty penalty? There’s no denying the fact that paying slightly more at the outset can make an important difference when it comes to the outcome.

What’s the difference between impaired driving and “over 80”?

An Impaired Driving charge is essentially an allegation that you drove your vehicle under the influence of drugs or alcohol, while a charge of “Over 80” alleges that your Blood Alcohol Concentration was over 80 mg/100ml of blood at the time of driving. This means that you went over the legal alcohol limit, and strongly suggests that you are guilty of driving under the influence.

Can I refuse submitting myself to a breath test?

It is officially within your rights to refuse a breath test, but this isn’t necessarily a good idea; refusal penalties are the same as Impaired Driving penalties, and could greatly harm your case depending on your individual situation. This question remains as a grey area, as refusing to provide samples may be good or bad depending on your specific circumstances. Given this uncertainty, refusing a sample should be done so very carefully.

What are the penalties?

Whether you’re convicted of Impaired Driving, Over 80 or Refusal, you stand to face the following penalties on your first conviction:

  • A criminal record (which stays for 10 years).
  • A minimum fine of $1000
  • One year driving prohibition (both provincial and federal)
  • 3 months driving suspension
  • Higher cost of car insurance
  • Travel issues
  • Possible loss of job

You may be able to drive after 3 months, as long as you install an Interlock device in your vehicle.

Will I still be allowed to drive before my trial?

If you have been charged, your license will be suspended for 3 months. You won’t be able to drive within this period, and you’ll need to re-apply before you will be issued a replacement driver’s licence. Driving during this 3-month suspension could land you in jail if caught, and any damages that arise as a consequence of having an accident while driving without a licence won’t be covered by insurance. Although it’s possible to appeal the licence suspension within 30 days, most get denied.

Should I plead guilty right away?

Most DUI cases have hope for a positive advancement, and so we generally don’t advise clients to plead guilty from the start. A guilty plea is a significant commitment, and immediately classifies you within a bracket of harsher judgment. Before deciding whether to plead guilty, your case should be evaluated by an impaired driving defence lawyer. Only after carefully establishing all of the details should you decide on your course of action, with your lawyer’s tailored advice by your side.

While there can be a lot of uncertainty surrounding legal matters and their interpretation, the most important thing to consider is the fact that professional legal representation can go a long way with helping you navigate your DUI charge. With knowledge and experience to provide you with a clear outlook and progress with your case, it is often worth the cost of a proficient lawyer to minimize the potential consequences. By leaving nothing to chance, you can proceed in the full knowledge that you’re taking every possible step to emerge from this situation in a positive way, and preserve your future prospects.

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10 Things to Know About DWI Laws, Penalties and Punishment in Texas

Being caught driving while intoxicated can have serious consequences if you’re convicted of the crime. Even if it is a first offense, your driver’s license can be suspended, you will be fined and possibly face jail time. Fortunately, by hiring an Austin DWI attorney to defend you, the charges could be reduced or dismissed. You should be aware of these 10 facts about DWI laws in Texas.

Fact One

You are deemed to be driving while intoxicated if you are driving after consuming alcohol or taking drugs and it impairs your mental and physical abilities.

Fact Two

You can also be charged with DWI if your blood alcohol concentration, BAC, is .08 or above. The BAC is tested either with a breathalyzer or by testing your urine or blood.

Fact Three

While you can legally refuse to take a field sobriety test or a chemical test, Texas is an implied consent state, which means if have a driver’s license and are operating a motor vehicle, your consent to taking a chemical test is implied. If you refuse to submit to chemical testing, then your license can be suspended for at least 90 days and up to two years.

Fact Four

If your license is going to be suspended, the arresting officer must provide you with a statutory warning or a DIC-24 form.

Fact Five

You can ask for an ALR hearing dispute a suspension, but if you fail to do so with 15 days, your license will be suspended and it cannot be overturned.

Fact Six

A DWI conviction isn’t necessary to suspend your driver’s license as the DIC-24 can be issued if an officer only suspects you of being under the influence while driving.

Fact Seven

The first two convictions for a DWI are considered Class B and Class A misdemeanors, respectively. The penalties for the first conviction could include a fine of up to $2,000, three to 180 days in jail and a license suspension from 90 to 365 days. A second conviction increases the fine to $4,000, jailtime from 30 to 365 days and the license suspension up to two years.

Fact Eight

A third conviction is a 3rd degree felony with penalties including fines up to $10,000, two to 10 years in state prison and a license suspension up to two years.

Fact Nine

An exception to these penalties exists if there was a minor in the vehicle and you’re convicted of a DWI. Even a first conviction would be a state jail felony and penalties would include a maximum fine of $10,000, six months to two years in state jail and a license suspension of 90 days to two years.

Fact Ten

Texas has a zero-tolerance policy for minors caught drinking while intoxicated. If they have any detectable BAC and are convicted, the punishment could include monetary fines, probation, revocation of their driving rights, and enrollment in a mandatory alcohol education class.

If you’ve been arrested for a DWI, it’s important to seek representation from an experienced DWI attorney to defend you and prevent you from being convicted.

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Driving Under The Influence Convictions Can Ruin Your Entire Life Whenever you are charged with driving under the influence, you need to take a step back and ask for help. Even if this is true, you need help since any conviction can basically ruin your entire life. The good news is that there are ways to fight the predicament you are in. You can get a lower sentence or you can be acquitted. However, everything starts with hiring the DUI attorney. Just as with the birth injury cases (more details on that here: http://www.seattlemalpracticelawyers.com/legal-services/birth-injury-lawyer/), you should never go to trial without the help of an experienced attorney.

How can DUI convictions ruins your life?

There are so many things in life that will go wrong in the future when you are convicted of a DUI. Most people think that the only real problem is that they are going to lose their driver’s license. You want to be patient and you need to always understand the real repercussions of the DUI conviction. Have patience and do be sure that you are going to really know what you are faced with right now.

The DUI conviction can hurt you get a new job in the future. That is one of the most common problems that are met these days. This automatically means that you are going to end up with a lower income. In other cases you might be passed out on the promotion you deserve simply because of the DUI.

Going To Jail

This is by far the biggest potential problem that will appear when you are convicted. If you will go to jail, your criminal record is going to be tainted forever. In this case it is a certainty that financial problems will appear and that the quality of your life will be lower than what it could be. That is especially the case in the event that someone died or was injured because of the accident.

Hiring A DUI Lawyer

This is something that will always be necessary. It is basically the only way in which you would be able to get a better result. While you are most likely still going to be convicted in the event that you were guilty, it is important that you get legal help so that the conviction can be smaller. You want to basically minimize the negative impact on your life. Even if you go to jail you are going to end up going to prison for a smaller period of time. This is why the attorney has to be in your corner.

Keep in mind that it is not so easy to find a really good DUI lawyer and in some cases you are going to have to pay a lot more than what you initially imagined. Even so, the investment is going to be one that is warranted and that will help you have a better life quality in the future. Never hurry the choice process. You do want to be represented by the very best DUI attorney that you can afford to hire.

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How to Overcome Criminal Inadmissibility to Canada If you have been convicted of an offence in the past, the criminal record can result in you being inadmissible to Canada, preventing you from entering the country for business, studying or other personal reasons. This can be a huge blow to you when trying to access Canada, especially after travelling for a long distance, only to be denied entry at the border. However, being criminally inadmissible does not mean that you can never enter Canada; there are various options you can take to overcome the criminal inadmissibility allowing you to travel to Canada. Below is a look at some of the causes of criminal inadmissibility to Canada, and steps you can take to overcome the inadmissibility. 

Causes of criminal inadmissibility 

Criminal inadmissibility Canada results from having been convicted of an offence either in Canada, or any other country in the world where Canada has access to the criminal records. It is a precaution that is usually taken by Canadian immigration officials to exclude people who are considered a threat to the Canadian public from entering the country. Criminal inadmissibility to Canada is usually as a result of having been convicted of various offences such as:

1. DUI/DWI/ – driving under the influence (DUI) or driving while under the influence (DWI) is one of the most common offences that can lead to being criminally inadmissible to Canada

2. Misdemeanor drug possession – involves possession of small quantities of drugs such as marijuana or other controlled substances

3. Negligent driving

4. Shoplifting or theft

5. Public intoxication and causing a public disturbance

6. Assault

7. Fraud 

8. Drug trafficking

When reviewing admission into Canada, the immigration officials review the offence committed and determines whether you are admissible or not. Other factors are also taken into consideration as can be explained by Canadian inadmissibility inforgraphics found on various websites offering information about entering Canada. These factors include:

1. The nature of the offence committed – the nature of the offence committed is one of the major factors used in determining admissibility. Minor offences such as underage drinking, driving without insurance and parking tickets do not result in inadmissibility. However, more serious offences such as DUI, assault, fraud, drug trafficking, and others will cause you to be denied entry into Canada. 

2. The number of offences you have been convicted of – the more the offences that you have been convicted of, the more likely that you will be inadmissible to Canada

3. The time that has passed since an offence was committed – offences that were committed in the past few years (less than a year and up to 5 years) usually results in inadmissibility. However, if more time has passed since the offence was committed (more than 10 years), and the offence was not serious, it is possible to gain direct entry into Canada

Strategies for overcoming Canadian criminal inadmissibility

Being deemed criminally inadmissible denies you entry into Canada, which can be very frustrating, especially if you were travelling for business, work, to study or to visit family. However, there are a number of options you can take, which can allow you to enter Canada even with a criminal record. Below is a look at some of these options. 

1. Applying for a Temporary Resident Permit

Temporary Resident Permit is a document given to foreign nationals who have been convicted of a crime outside Canada and are deemed as criminally inadmissible. The permit allows them to enter Canada under temporary basis for a specific period of time and for a specific reason. The permit is usually used for people seeking urgent entry into Canada on a temporary basis, for example, to participate in an event or meeting, to study, to work, or to visit family members.

Application of the permit can be done at the Canadian Visa Office in your home country, or at the point of entry when entering Canada. During application, you are supposed to give a compelling reason to the immigration officers as to why you need to enter the country. You are also required to prove that your admission into Canada will not pose any danger to the Canadian citizens.

As the name suggests, Temporary Resident Permit can only be used to solve inadmissibility issue for a temporary period, which is specified on the permit when issued. Therefore, after receiving the permit, you must seek other options of permanently overcoming inadmissibility, or alternatively, apply for a new permit before it expires. 

2. Undergoing criminal rehabilitation 

Criminal Rehabilitation is a permanent solution that is undertaken by people who are criminally inadmissible to Canada. Once the application has been approved and the rehabilitation completed successfully, the crime(s) that you were convicted of are absolved by the Canadian government, which allows you to enter Canada freely.  

To be eligible for criminal rehabilitation, certain criteria must be met:

- The crimes that you were convicted of must have been committed outside Canada

- At least 5 years must have passed since the completion of sentence, probation, and payment of any fines imposed

Once these criteria are met, you can then apply for criminal rehabilitation, where you are required to:

- Provide a detail explanation of the offence committed and circumstances leading to their commission 

- Demonstrate that offence was an isolated situation and that you do not have a pattern of committing crimes

- Persuade the immigration officials that you are rehabilitated and do not pose any danger to the Canadian public

Your application is then reviewed by the immigration officials, taking into consideration various factors such as the seriousness of the crime committed, the number of crimes you have been convicted of in the past, and the time that has passed since conviction of the crime. Once the application is approved, the inadmissibility is permanently resolved, allowing you to enter Canada freely. 

3. Having the criminal record suspended

Another way of overcoming criminal inadmissibility is to have your criminal record suspended by the Canadian Parole Board. Just like with the Criminal Rehabilitation, Record Suspension is a permanent solution to criminal inadmissibility. However, it is only eligible for people who were convicted in Canada. 

For record suspension to be approved, you must show the show the parole board that you are not a potential risk to the Canadian public, and that the suspension of your past record would greatly benefit you in becoming a rehabilitated person.


Having a past criminal record can cause you to be denied entry into Canada, but with the above strategies, you can be able to overcome the inadmissibility problem for a temporary period or permanently depending on the strategy chosen. However, the processes are very complex, and usually requires you to file lots of legal documents and make convincing legal arguments. Therefore, you should consider hiring an immigration lawyer to help you with the application, as well as to advice you on how to proceed, which can significantly increase your chances of overcoming the inadmissibility. 

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/how-to-overcome-criminal-inadmissibility-to-canada-30848590.shtml http://www.101duiattorney.com/dui_attorney_guide/how-to-overcome-criminal-inadmissibility-to-canada-30848590.shtml Editor Wed, 17 Aug 2016 23:22:48 -0400
DUI: Just Say No! It can be fun to spend the evening hanging out with your friends having a few drinks. Maybe your fun filled evening includes visiting a variety of night clubs or even going to a concert. However, before you head out for your evening of fun there is one issue that has to be addressed by everyone. That is the issue of who will be responsible for driving you back home after a night of fun. Driving drunk isn't safe, and it is definitely something that comes with some very long term effects.

If everyone in your group plans to drive for the evening, then you need to have a designated driver who can pick you up at the end of the night. Otherwise you need to plan on staying at a nearby hotel. If public transportation is an option you want to be careful because you can be charged with public intoxication if things get out of hand. You might be able to use a taxi service to get to and from the events.

Under no circumstances should you drive after having a couple of drinks. You need to do your friends a favor and not allow them to do so either. The risk of getting a DUI is just too great. This will mean a huge fine, community service, and losing your driver's license for a period of time that varies by state. This is under a best case scenario.

When you drive under the influence of alcohol your perception is altered. You have a very high risk of being involved in a traffic accident. You could seriously injure or kill yourself, others in your vehicle, and innocent people who are in the wrong place at the wrong time.

You should never get into a vehicle with anyone who has been drinking. Do all you can to stop them from getting into the vehicle but don't let them persuade you to join them if they can't be stopped. If you think someone who is driving out there is under the influence of alcohol get a vehicle description and a license plate number. Call the state patrol and they can come investigate for you.

About the Author

This article brought to you by minnesota dwi / minnesota lawyer: http://www.bolinskelaw.com

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30848589.shtml http://www.101duiattorney.com/dui_attorney_guide/30848589.shtml Gabriel Adams Thu, 28 Jun 2007 11:24:01 -0400
The Legal Price of Drunk Driving Though some find it tempting to represent themselves in a drunk driving legal case, having a competent attorney, familiar with drunk driving cases is really a necessity. There's often a chance the case may be dismissed depending on the circumstances.

If searching for a particular attorney for this situation there are state-wide, country-wide, city-wide and zip-code search functionalities online and off.

It's always so much better not to get in that predicament in the first place. Bear in mind that if you are convicted in a DUI case, you may lose your license, or get your license and car impounded. You may have to pay a heavy fine or you may land in prison.

The arrests in DUI cases are rising because of new, more stringent laws and regulations that have been introduced in many states.

If you still must select a DUI attorney, be careful. Select a competent attorney who has some good experience in DUI cases and he will be the best defense tool for you.

Drunk driving cases are also called Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI) etc.

It's very possible that your alcohol concentration will be measured by way of blood, breath, urine or saliva at the time of arrest. You may be charged with offense of intoxication, impairment or influence by the law depending on the version of the investigating officer and the eyewitnesses.

Your attorney can explain the consequences to you after assessing your case so you will be prepared to defend yourself against those consequences. The laws vary from one place to another and it may be difficult for you to know the local "law of the land". He can help you understand the possibility of license problems, imprisonment, community service etc. He/She will let you know if there are any special laws regarding underage drunk driving and BAC above the limit.

A drunk driving attorney will be able to manage the whole process for you. All the proceedings in drunk driving cases may be frustrating and time consuming. But that's the price you pay. Fortunately you have legal assistance able to represent you in court. Perhaps the technicalities will help you to do it smoothly and come out with lesser punishment.

About the Author

Learn more about stats, arrests, accidents and legal ramifications involved with drunk driving. http://www.drivingdrunk.org

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30848519.shtml http://www.101duiattorney.com/dui_attorney_guide/30848519.shtml Reggie Andersen Thu, 28 Jun 2007 11:22:51 -0400
NOW REVEALED: 8 Secrets the DUI Prosecutor Hopes You NEVER Discover! NOW REVEALED: 8 Secrets the DUI Prosecutor Hopes You NEVER Discover About Your Florida DUI Case!!

1. If everyone insisted on their constitutional right to go to trial, the DUI Prosecutor would be in court all day. Prosecutors or State Attorneys do not want to spend all day in court!

2. Very often, the mandatory minimum sentences for DUI are so harsh that a defendant in a DUI trial has little risk absolutely by taking the matter to trial.

Many clients will ask if a judge will punish them with a harsher sentence if they insist on their right to trial. The Florida legislature has recently raised the minimum sentence for all DUI cases to such a high level, that, if you decide to go to trial on your case, very often you will receive the same sentence as the person who pleads guilty.

3. The State Attorney doesn't want to be there any more than you do.

No one accepts a job with the State Attorney's Office because they wanted a career prosecuting DUI cases in criminal court! Any State Attorney would rather be prosecuting serious felony cases than handling a traffic court docket. Moreover, the State Attorney has 40 to 50 other cases with attorneys on the criminal court docket that they must handle that day. In Broward County alone, there could be at least five separate courts with fifteen different State Attorneys handling matters every day. The first State Attorney to arrive to work in the morning would get to pick which courtroom they would be in in order to pick the judge that was known to be the fastest, so they could be through with court as soon as possible.

4. The State Attorney is never fully prepared. He has too many cases to juggle each and every day.

In most of the jurisdictions in Florida, State Attorneys DO NOT review traffic cases ahead of time. My clients are shocked when I tell them that it is impossible for me to contact a particular State Attorney with knowledge about their case prior to the court date to discuss their case, because the State Attorneys do not review the case files prior to the court date. In fact, very often a DUI case is not assigned to a particular State Attorney until the last minute. Furthermore, in some smaller jurisdictions, if someone shows up without an attorney, the State Attorney does not get involved. In those counties, it is impossible for someone attempting to represent himself in these jurisdictions to discuss a possible plea bargain with the State Attorney, because the State Attorney will not speak to them. In other smaller jurisdictions, there is not even a State Attorney for any traffic case, even a DUI with an attorney!

5. The arresting police officer is unprepared.

Your case is just one of an entire docket full of cases that the officer has on that date. It is not unusual for an officer to have 15 to 20 DUI cases on one date in addition to dozens of other traffic tickets. The officer often has little if any recollection of your arrest. That becomes apparent time and time again in court when I object to an officer testifying by reading from his notes and, after my objection is sustained by the judge, it becomes immediately apparent that the officer has no independent recollection of the arrest.

6. State Attorneys know very little about the science (or lack thereof) behind field sobriety testing.

Standardized field sobriety testing is not something taught in any law school! At no time during law school does a professor ever say, "Today we're going to learn about standardized field sobriety testing." A thorough knowledge of these field sobriety tests would actually hurt the State Attorney's DUI cases. In fact it would stop them from making the argument that the results of these tests should be given more weight than they were ever intended to. For instance, the three standardized field sobriety tests currently in use can only be used to predict a Blood Alcohol Content (BAC) of .10 or above. Since the legal limit is now .08, there is almost no weight that a judge could give to these tests on someone with a BAC of .08 or .09.

7. The arresting officer did not follow proper procedures when conducting the field sobriety tests.

When a police officer receives proper training about field sobriety tests, he learns the proper standards and procedures used according to the National Highway Traffic Safety Administration ("NHTSA"). However, for example, on the "follow the pen with your eyes" test (the horizontal gaze nystagmus test, or HGN), the manual says that if the suspect moves his head during the test, the officer should use his flashlight or his free hand as a chin rest of the suspect. In all my years of practicing law, I have never known of an arresting officer using anything as a chin rest for a suspect, even though in almost every one of those cases the officer testifiee that the suspect was swaying and unsteady on his feet. The NHTSA manual also indicates that the walk-and-turn and one-leg stand test should not be done if the suspect is over 50 pounds overweight or has physical impairments that could affect his balance. The manual also states that the walk-and-turn test "requires a line that the suspect can see." This is rarely done.

8. The breath testing equipment is inaccurate and the State Attorney cannot provide the source codes to prove otherwise.

The breath testing machine is merely a "machine." The machine uses an assumption to calculate the amount of alcohol in a person's blood based on the amount of alcohol that is released into a person's breath. The amount can vary significantly. Because of this variance, the principle is flawed and readings can vary up to 50% from the actual breath content. The manufacturers of the Intoxilyzer 5000 have consistently refused to reveal their source codes to defense attorneys. The source codes provide the mathematical formula that the machine uses to convert a small sample of breath to a blood alcohol content number. Thus far, courts in Seminole County, Florida have already ruled that this refusal is a basis to dismiss DUI prosecutions. So far over 500 DUI cases in Seminole County have been dismissed by judges, based on the fact that the prosecutors cannot provide DUI defense attorneys with the source code to check the accuracy of these machines.

Richard G. Salzman, Esq. is an experienced Broward County attorney; licensed to practice law in New York and New Jersey since 1986, and Florida since 1988. The Law Firm of Richard G. Salzman focuses on Criminal Defense, DUI Defense and related vehicular offenses and BUI (Boating Under the Influence).

Law Offices of Richard G. Salzman, P.A. 4340 Sheridan Street, Suite 102 Hollywood, Florida 33021 954-981-0336

Richard@salzmanattorney.com www.salzmanattorney.com www.myspace.com/richardthelawyer

About the Author

Richard G. Salzman, Esq. is an experienced Broward County attorney; licensed to practice law in New York and New Jersey since 1986, and Florida since 1988. The Law Firm of Richard G. Salzman focuses on Criminal Defense, DUI Defense and related vehicular offenses and BUI (Boating Under the Influence).

Law Offices of Richard G. Salzman, P.A. 4340 Sheridan Street, Suite 102 Hollywood, Florida 33021 954-981-0336


Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30848454.shtml http://www.101duiattorney.com/dui_attorney_guide/30848454.shtml Richard G. Salzman, Esq. Thu, 28 Jun 2007 11:21:46 -0400
You Need A Good DUI Lawyer Since you are looking at this article, you or a family member is probably facing a demoralizing DUI or DWI situation. No doubt it will require the competent expertise of an experienced DUI lawyer to guide you through the drinking and driving legal maze.

DWI "Driving While Intoxicated" or DUI "Driving Under the Influence" are serious criminal offenses related to operating a motorized vehicle with too much alcohol in your blood. A DUI is a serious infraction with very severe consequences for everyone involved including the driver, possible victims, and the general population at large.

Each year in the United States an estimated 500,000 people are injured or killed in DUI or DWI related highway crashes, costing taxpayers well over 100 billion dollars annually. Including medical, law enforcement, legal and lost wage costs.

Recently DUI lawyers have had many successes in actual court cases yet, the number of alcohol related arrests have steadily climbed since the beginning of 1970s. This has occurred because of newly implemented programs and stricter laws. DUI checkpoints have become increasingly common both on Friday and Saturday night as well as major holidays or celebrations where alcohol may be involved.

If you have been charged with a DUI or DWI offense, it is possible to have your charges reduced or even dismissed with the help of a gifted DUI lawyer. A good DUI lawyer can often help in discovering ways that could quickly help you discover how. The reason you need to get a well qualified DUI lawyer is that research has shown that many people charged with DUIs are not guilty because their Blood alcohol level was not over the legal limit.

However, you must be honest with your DUI lawyer as it is exceedingly important to your case. Whatever you tell your attorney is strictly confidential and legally protected under attorney/client privilege. An experienced DUI attorney will be able to analyze the case through the eyes of a trained professional.

You should not consider going to court on a drinking and driving charge without a lawyer. Depending on the evidence in your case, your attorney may ask for a dismissal or a reduction in the charges. Something you will not be able to do on your own unless you have prior legal experience.

Also you should keep this in mind, any decent DUI lawyer will be on time for both court and all their appointments dealings with you. Good DUI lawyers do this to show the court that you have changed your wicked ways. This turn allows them to ask for leniency.

Finally you may be asking yourself well this is all well and good but can I afford a DUI lawyer? You Now you may think you can't afford a DUI lawyer, but given all the work they do on your behalf you can't really afford not to get one. Moreover, a good DUI lawyer may be required to return some of or the entire retainer if they are not successful in your case. (This varies state by state).

With a good DUI lawyer you can resume your life with the peace of mind of knowing that they are taking care of the situation and looking out for you and your families best interests.

About the Author

Ian Wright is not a lawyer but writes about many legal issues on many of his websites. For more on this topic please visit his sites: DUI Attorney and Florida DUI Attorney.

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30848354.shtml http://www.101duiattorney.com/dui_attorney_guide/30848354.shtml Ian Wright Thu, 28 Jun 2007 11:20:06 -0400
Washington DUI Law Is One of Toughest in Nation Drunk driving defense is a very specialized area of law that almost always requires an experienced DUI law attorney to assist you with this serious legal problem. In Washington state, drunk driving cases are most commonly referred to as DUI cases (Driving Under the Influence); sometimes the case is referred to as a DWI (Driving While Intoxicated). If you drive with a blood alcohol content (BAC) of .08% or greater, you may be convicted of a DUI in the Washington. You may also be charged with a DUI if you are under the influence of substances other than alcohol such as illegal drugs or even prescribed medications.

Washington is known for having some of the toughest DUI laws in the nation, and the state actually lowered the legal limit to .08 in order to make it easier for prosecutors to win DUI convictions. This change has resulted in many productive citizens of society, with absolutely no prior criminal record, having to deal with the life-altering and possibly career-ending nightmare of a DUI (with the help of their attorney).

If you are pulled over for a suspected DUI in Washington, there are many things you should know to help your chances of not being convicted. If the police officer punches a hole in your driver's license, you are officially on notice that the Department of Licensing (DOL) intends to suspend your driver's license just for being suspected of DUI. If you refuse to take a breathalyzer test, your license will be revoked for at least one year. Your car insurance will then go up for three years, the same as if you had been convicted of the DUI charge.

For your first offense, the judge can impose up to a year in jail and a fine of $5,000. Most often, however, the judge applies the mandatory minimum in DUI cases, which can be one day in jail, a fine, probation, and a longer license suspension. If convicted of a DUI, the punishment can include any or all of the following: jail time, fines, suspended or revoked driver's license, ignition interlock, and electronic home detention. Ignition interlock is a breath-testing machine that is connected to the wiring in your car and prevents you from starting your car if you have alcohol on your breath. This mechanism can be required for as long as five years after your very first DUI conviction.

About the Author

Washington DUI law is vast, highly specialized and requires the knowledge and expertise of an experienced DUI attorney. If you have been arrested for DUI in Washington state, please contact an experienced DUI Attorney at The Lane Law Firm today.

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30848251.shtml http://www.101duiattorney.com/dui_attorney_guide/30848251.shtml Sara Goldstein Thu, 28 Jun 2007 11:18:23 -0400
DUI Defense DUI (Driving under the influence) or DWI (Driving while intoxicated) is regarded as the most serious misdemeanor offense. In many cases, repeat offenders are considered felons. Worst case scenario, the offense can be marked and will forever go on your record, whereby you will suffer socially and financially.

A number of people charged with this offense are not always guilty. Scholarly research shows that most of the sobriety tests performed are inconclusive. In many cases, chemical tests, breath analyzers (Intoxilyzer 5000), or infrared breath machines are not considered valid. Many of the field sobriety tests performed to judge whether the driver's motor skills are impaired are considered faulty, as they are not performed uniformly and in many cases the police officers improperly guide and instruct the person. In the hands of an adept criminal lawyer or a DUI lawyer who can argue the credibility of the tests, you can avoid the damages that DUI charges may bring. DUI Lawyers can also obtain a pre-trial ruling through which the sobriety tests can be excluded from being produced as evidence on the grounds of lack of a adequate scientific analysis.

Effects of DUI charges:

Guaranteed suspension of driver license and driving privileges. In some cases, if you hold driver licenses in more than one state, you can lose both. Suspension can last anywhere from 90 days to 5 years.

  • Your vehicle can be sent for impounding.
  • Probation.
  • Time doing Community Service.
  • Heavy fines.
  • Mandatory counseling.
  • Incarceration (even for first timers).
  • House arrest.
  • And in most cases, time in prison.

Most of the proficient and experienced DUI attorneys and Criminal Defense Attorney's will tell you that the majority of people charged with DUI/DWI are not irrational juveniles, but average, law-abiding citizens who were slapped with heavy fines and charges after just two glasses of wine. As laws get tougher, equally tough are the criminal lawyers who can tackle most of the charges. Do not go to an average lawyer who might naively expose you to more liabilities. DUI/DWI offenses are ugly, and if not handled correctly, the charges can accumulate.

If you are wrongly charged, by law you have no reason to be facing charges. So remember the law is on your side. Hire an excellent criminal lawyer with whom you can go through all of the details of the trial. Discuss with them the reason for the charges, and all possible allegations and charges that the opposing counsel might throw at you. Also try to find outstanding character witnesses who will stand by you. Therefore, it is important to hire a knowledgeable DUI lawyer who will guide you in the preparation for the trial and make you aware of all the penalties you may face.

It is important to avoid drunk-driving at any cost; but if you have already been charged, it is imperative that you act quickly. As soon as you are charged with the misdemeanor, contact a skilled DUI Defense Attorney who can help you avoid the harsh penalties. For skilled and expert advice from a San Jose DUI defense attorney, contact Lipton Law Offices today.

About the Author

This article is written by Douglas R. Lipton the founder of Lipton Law Offices. Mr. Lipton has over thirty years experience in criminal defense and cases involving violation of criminal law in San Jose and surrounding cities in California.

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30848159.shtml http://www.101duiattorney.com/dui_attorney_guide/30848159.shtml Douglas R. Lipton Thu, 28 Jun 2007 11:16:51 -0400
DUI - Frequently Asked Questions The other day i was talking to one of my friends over the phone, when he mentioned his brother’s life is doomed. After asking what was it all about he mentioned his brother got caught in a DUI case. But i thought to myself, yes it is serious but isn’t there help for these folks who don’t know what needs to be done. I went fishing for more details to help my poor friend’s family over the web. I was looking around for more information on what other people in similar situation would ask. This is a goos start because, if you don’t know what to ask to begin with it is going to be that much more difficult to get out of the situation.

What is DUI?

It stands for Driving Under Influence, or drunk driving. This means a person is intoxicated by the use of alcohol or other drugs to an extent that they are incapable of excercising their motor skills. This is not just for the cars or trucks it also applies for driving boats and aircrafts. I cannot think of a person who is already high flying high.

How bad is it?

In most jurisdictions in US and around the world it is not a simple offense it is considered criminal. This is because of the fact that when you are issued a license you clear a wriiten exam which includes full hand knowledge of the problems that happen due to DUI. Moreover this is dangerous to the unsuspecting motorists and pedestrians whose only fault is being in the wrong place at the wrong time. DUI is often fatal. Your license may be permanently revoked.

How is it measured?

The widely used term is BAC which stands for Blood alcohol content. This is expressed in terms of milligrams of alcohol per millilitres of blood, or as a percentage. (10 mg/100 ml = 0.01 g/100 g = 0.01 %). The typical level that is considered as a threhold is 0.05% but many countries have zero tolerance possibility.

Do medications account as DUI?

This is one mistake, a costly mistake that many folks make. Cough syrups and some over the counter drugs contains significant amount of alcohol. These contribute to the BAC and you may be considered a drunk driver if caught with a 0.04 or more.

Can i drive if my licensed got suspended?

No you cannot until the suspension period is complete. You should apply for a new license from a field office. More so often for first time offenders for minimal levels the peace officers may consider a suspension and issue a temporary license. In this case you may drive.

What is a chemical test and can i refuse it?

The test is needed to check the BAC and in most states you can refuse this test. There are many conditions in which you may reject the chemical test and get away with it. The punishments are more stricter when you refuse the chemical test. It is a good idea to completely understand the laws of you local state and states you may visit.

As always this article is based on research from around the web. You should consult your local state or country laws to understand the complete nature and penalities for DUI related. It is a good idea to consult a lawyer if you get into this situation.

Author is a freelancer accessible through Aplora Web Solutions. You can get good quotes from freelance writers from Freelancefree.com

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30847905.shtml http://www.101duiattorney.com/dui_attorney_guide/30847905.shtml Vinodh Pushparaj Thu, 28 Jun 2007 11:12:37 -0400
5 Tips to Help Avoid a DUI Conviction If you are ever arrested for drunk driving (also called DUI for “driving under the influence” or DWI for “driving while intoxicated”), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI “sobriety checkpoint” or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform “field sobriety tests”. He may also ask you to breath into a handheld device, technically called a PBT or “preliminary breath test”. You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test — and told that if you don’t, your driver’s license will be suspended.

What should you do and say during all of this to minimize the risk of a criminal conviction and a license suspension?

1. Politely decline to answer any questions without an attorney present. It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.

2. Decline to take any so-called field sobriety tests. These are theoretically intended to determine impairment, but in fact are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you “pass” or “fail”). In almost all states, you are not required to submit to this “testing”. It’s unlikely that taking it will change the officer’s decision to arrest.

3. Decline to take a “PBT” (preliminary breath test). These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.

4. Do you choose blood, breath — or refuse to take any chemical test? This is a case-by-case decision, and involves a number of considerations. First, although blood tests are subject to many possible errors, they are generally more accurate than so-called “breathalyzers”; if you feel your blood-alcohol level is below .08%, then you might want to choose the blood test. Secondly, whether to submit to testing at all requires some knowledge of your state’s laws — specifically, the consequences of refusing. If the increased criminal penalty and license suspension do not outweigh the possible benefit of depriving the prosecution of blood-alcohol evidence, then you may wish to refuse. Bear in mind that the prosecution will charge you with two offenses, DUI and driving with over .08% blood-alcohol; without a blood or breath test, he cannot prove the .08% charge, and there will be no chemical evidence to corroborate the officer’s testimony. You should also realize that in many states chemical evidence of a very high blood-alcohol level, say over .15%, can trigger more severe penalties.

5. In almost all states, your driver’s license will be immediately suspended if either (1) the chemical tests results are .08% or higher, or (2) you refuse to submit to testing. You have a right to a hearing to contest this administrative suspension, and there are many possible defenses, many of them technical in nature. This hearing is usually separate from the criminal proceedings, and involve different procedures and issues than in court; it is not uncommon to lose the criminal case but win the suspension hearing. However, as most motor vehicle departments do not really want the time and expense of providing these hearings, they tend to provide notice of the right buried in fine print given to arrestees. The critical information is the requirement that an actual demand for the hearing must be made by the arrestee — usually within ten calendar days. If you do not contact the DMV within ten days, you lose all rights to a hearing — no matter how good a defense you may have. Tip 5: Get an attorney right away, or make the call yourself — and make sure you can later prove you made the call within the ten day window!

Lawrence Taylor is a former prosecutor, Fulbright professor of law, and author of the standard legal textbook, “Drunk Driving Defense, 5th Edition”. He heads an 8-attorney DUI defense firm in Los Angeles. See http://www.losangelesduilaw.com for more information.

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30847838.shtml http://www.101duiattorney.com/dui_attorney_guide/30847838.shtml Lawrence Taylor Thu, 28 Jun 2007 11:11:30 -0400
Quick DUI Advice There are days that just do go how you want them to. You find yourself at a party or some other gathering where you’ve had a few drinks. You seem to be walking fine. You can focus on the floor ahead of you. You aren’t wobbly nor are you bumping into walls. You just feel a little tipsy. Maybe not even that. You feel good. After a quick self evaluation you decide to head for home. You say your goodbyes and answer the frequently asked question: Are you okay to drive?

“Yes!” you answer, “I’m fine.”

You head for your car and get in, start it, and head for home. All is well. Then half way home you see the lights in your rear-view mirror. Now is when your day just seems to go down hill.

About 1.5 million people are arrested for DUI “driving under the influence” a year and you are now one of them. What should you do now. Well, the first thing to do is whatever the officer tells you to. Be honest with the officer. Telling him you’ve only had one beer while you are slurring your words and swaying doesn’t look good. You will be asked to take a field sobriety test. Do the test. Don’t refuse the test whether it be walking a line or taking a breathalyzer. You can be further penalized for not taking the field sobriety test. In my state I could have my license seized for refusing to take the field test AND additional penalties invoked by my states Department of Motor Vehicles. You should check with your state for the appropriate laws.

Okay, you have now been arrested and taken back to the police station. Now what? You will now be subjected to an evidentiary test. That is just fancy wording for a blood alcohol test. There are several kinds you can take. The first and most popular by far is the breathalyzer. This test measures the amount of alcohol that is emitted from your lungs. Common beliefs are that sucking a mint or smoking a cigarette prior to the test will affect the results. not true. It will have no effect. Not even the penny under the tongue theory. The other two and less popular types are the blood test and the urine test. A person might suggest that if you take the blood test take it at the very latest you can. The theory is that the liver will have removed some alcohol from the blood in the time that has elapsed from the time you were pulled over to the time you took the blood test. Depending on what happens it could be anywhere from 15 minutes to 45 minutes.

Now that you’ve been released on bail you were probably given a temporary license because your original license has more than likely been seized. You should immediately consult a lawyer to represent you. I highly recommend you go shopping around. I personally would stay away from lawyers that advertise for dui cases. That is just my personal recommendation. Ask around your family or your friends. They may have had to use a DUI lawyer and might recommend them to you. Good Luck

About the Author

Steve writes for sites like law-and-justice.com a lawyer referral site.

Uncategorized http://www.101duiattorney.com/dui_attorney_guide/30847573.shtml http://www.101duiattorney.com/dui_attorney_guide/30847573.shtml Sherri Z. Jones Thu, 28 Jun 2007 11:07:05 -0400