Showing posts with label Defense. Show all posts
Showing posts with label Defense. Show all posts

Wednesday, January 26, 2011

DUI Defense Lawyer Strategies - Part 1

A video of excerpts from California DUI attorney Lawrence Taylor's keynote lecture at the North Carolina Trial Lawyer Academy to over 100 lawyers. Part 1 www.duicentral.com



http://www.youtube.com/watch?v=-cfatCeEUI0&hl=en

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Tuesday, November 23, 2010

Drunk Driving Defense - Lawyers Needed Globally

Who else in the world has vehicular intoxication problems that require the services of drunk driving lawyers? The answer to that question is that drunk driving is a problem on continents far and wide. Here are a few examples of global issues regarding excessive intake of alcoholic beverages.

* Britain is well known for its pubs and tasty pints of ale. It's not just for the common folk either. There was recently an arrest of the boyfriend of Queen Elizabeth's granddaughter who had downed a few too many pints and ended up being penalized with a costly fine and the loss of his driving privileges.

* Canada has creatively come up with a unique sobriety check point: fast food drive through windows. Plain clothed policemen work the drive through windows of fast food restaurants at times that bars would be releasing the drunk drivers to the streets. If the burger serving cops notice signs of intoxication, they can take the keys right then and there.

* In Japan, it is illegal to ride a bicycle while intoxicated. The penalty for this offense is a hefty monetary fine and up to five years in jail.

* The age for legal consumption of alcohol in India is twenty-five years old. Many portions of India have gone back and forth between prohibition and legalization of alcohol. A congressman in India must abstain from alcohol in order to be elected. Media advertisements of alcoholic beverages are illegal in India. In the Hindu religion, alcohol is equated with crimes such as murder and adultery.

* The U.S.A. has one of the highest minimum drinking ages of twenty-one years of age, along with Fiji, Palau, Pakistan and Sri Lanka. Some countries have no minimum age at all, including Vietnam, Albania and Jamaica. The youngest minimum drinking age is 16 years of age, which is law in countries of Belgium, Switzerland, Germany and Spain, among others. The age of eighteen years of age is the minimum drinking age in the vast majority of the world's countries.

* Interestingly enough, while the United States has the highest minimum age for drinking, it conversely has the lowest minimum age for driving. Many countries around the globe set the minimum age to obtain at driver's license at the age of eighteen.

It's pretty obvious that issues with alcoholic beverage consumption are global concerns rather than merely an American phenomenon. Drunk driving lawyers are obviously necessary all over the planet. If you've made the mistake of driving while intoxicated, minimize the unfortunate consequences by calling a reputable lawyer right away.




In Media PA, DUI defense lawyers' team has expertise to defend you if you have been charged under drunk-driving case. The team, which knows the intricacies of the law, can protect you from fine or perhaps a jail time and also help you get back your license. Know more at http://www.benaridui.com

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Thursday, September 23, 2010

DUI Defense Strategies - Understanding Definitions of DUI and Common DUI Lawyer Defense Strategies

Before I commence this page of outstanding information, I want to emphasise that this page is for information intentions solely. I am by no means an attorney or a member of any Bar Association of any state. With that in mind, I have read a great deal about DUI (driving under the influence) laws across umpteen states. This post will concentrate on two components. The first being about DUI practices of law, the second element will centre on frequent legal strategies utilised by DUI defense attorneys.

DUI is an acronym for driving under the influence of alcohol. The acts also well-known as driving while intoxicated, drink-driving, drinking and driving, and drunk driving. In most states DUI can not only be defined as driving under the influence of alcohol but driving under the influence of other drugs. In a number of states DUI is also called DWI, which is an acronym for driving while intoxicated. These two acronyms are used depending on which state you are prosecuted in. What is essential to note about DUI is that it is not a soft moving violation or parking fine. It is a serious crime and is hence a criminal offense in all US states and in most countries worldwide.

In years past, a person would be charged with a DUI primarily based on a patrol officers observances of the charged person's driving symptoms. These driving symptoms include driving action such as weaving or swerving, racing or tailgating. A suspect would be pulled over, and subjected to a field sobriety test. This test could include walking on a white line heel-to-toe or standing on one leg for some time. These subjective observations by the arresting officer would be utilised to charge the person and later employed as evidence in a court of law. Now in the United States of America, police use a a good deal more scientific approach when charging and prosecuting with a DUI in a court of justice.

Today's methods are a scientific test for an individual's blood alcohol content (BAC). This test is now common in virtually all states in charging somebody for driving under the influence. Mainly this new standard objectively can find out if an individual was intoxicated while operating a motor vehicle. BAC is calculated as a simple percentage of alcohol in an individual by weight. Now, as it has been for a number of years, it is prohibited in the entire country to drive with a BAC that is 0.08% or higher. Now that BAC is the main element in most legal cases in establishing the soberness of an individual, the testing equipment is normally the keystone in rendering the proper BAC of a person. What I mean to say, is that defense lawyers ordinarily assault the validness of these exams if a known model of a screening device is used, that is not sound.

A DUI defense attorney knows what examining device at hand has a weak track record and usually employs this selective information to invalidate the BAC test, and have his defendant's case discharged.

The law enforcement agency will work under laws that prevent them from arresting you without a proper legal basis. They must observe the regulations so as to gain evidence against you. If they do not observe these rules when acquiring evidence, the evidence may not be used in court, even if the evidence proves that you are guilty. An excellent DUI defense lawyer will be either certified or understand the national Highway traffic safety administration standardized field sobriety test. If a defense attorney soundly knows this standardised exam then he will be able to break apart the way in which your DUI case was investigated by the arresting officer.

It may seem inconsequential but recalling the day of your arrest is also paramount to your defense strategy. Questions such as, what did you eat? Where were you going? Who were you with? May be asked by both your defense attorney and from the prosecution. These questions can support you of whether the chemical test outcome may be irregular.

The chemical exam may be incorrect and the instruments are only as good as the people who use them. There are three main types of breath tests utilised by most police force departments in the country. The Breathalyzer, The Intoxilyzer and The Intoximeter. The most popularly known of the three is the Breathalyzer, which is quite obsolete. Police now chiefly use the last mentioned two pieces of instruments. A frequent error when using these tests is "mouth alcohol contamination," or as some defense lawyers have called the belch defense. The instruments are supposed to test the amount alcohol in the air of the suspect's lungs.

However, before this air can be screened, it accrues through a person's mouth. If for example an individual burps before the test is administrated, the mouth can be comprised of undiluted alcohol from the stomach. This sample would therefore be contaminated and give a false reading. In training, Police Officers are to have an observance period of at least twenty minutes to verify that the individual did not drink a beverage, smoke, or burp, etcetera. This is where a satisfactory attorney can show that there was no observance period, by asking the accurate timing of varied tasks such as readying up the machine, talking with other police officers and readying up paperwork. This police officer would have to explain the exact length of time of the observance period.

As you can see there are a list of defense strategies, a DUI defense attorney can engage in to make sure your case is dropped or to find you not guilty of DWI. I hope this is a good primer on the definition and legal schemes that a defense lawyer might use in a court of law.




I find certain legal strategies interesting and hope you found the above strategies interesting as well. If you would like to read more DUI related defense strategies, checkout http://www.dui-defenseattorneys.com to get more information. Florida DUI Law is also interesting to read.

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Friday, January 22, 2010

Four Questions You Should Ask Prospective Criminal Defense Lawyers

Your initial priority after you've been accused of a crime should be to hire yourself the best criminal defense attorney you can locate. How can you find the best attorney for your situation? There are four important questions you need to ask of each potential representing lawyer.

Question 1 - How Will The Lawyer Handle The Case? - You'll need to explain the case to each legal counsel you see. Let them know what charges you are facing and give them the circumstances surrounding the arrest and charges. Once you are done, ask them how they plan to handle it. There are two things you need to watch out for with their answer:

- Ensure the lawyer understands your case clearly
- Ensure they've paid attention to all details of the case

Question 2 - What Is Their Plan Of Action? - The legal counsel you are speaking to should be telling you what kind of action they plan to take. You want to know what your criminal defense is going to be. You also want to know how they plan to proceed in defending you in a clear, concise and easy to understand manner. Even if the criminal defense attorney is good, you can feel stressed out from the entire situation when you don't understand the proceedings and what is happening.

Question 3 - What Are The Attorney Fees? - Remember that each lawyer will bill you differently. Some ways they may charge include:

- By the hour
- By phone call
- Charge for miscellaneous expenses

Make sure to get a ballpark amount so you understand about what it will cost to defend you. You need to make sure all the terms are clear including when you'll need to pay your first payment or if the lawyer requests a retainer for his/her services. While you want the best and most experienced criminal defense lawyer, you need to know what their costs are overall.

Question 4 - How Will Your Attorney Keep You Updated On Your Case? - You need to question the counsel how he/she plans to keep you updated on the case. Some lawyers will make sure you're contacted all the time while others contact you with they have information they need from you or have to share. You want the type of lawyer who will inform you of everything and how the case is progressing; it doesn't matter if there's no report at all. Make sure you stay in the loop and your lawyer keeps you there. If the only time you want to hear from your retained legal counsel is when they have something important to tell you, let them know this upfront.

While you're asking these four important questions, pay attention to how the lawyer makes you feel. Are you comfortable with their process or with them? While your case is ongoing, you'll be sharing all kinds of personal and private information; do you feel comfortable with telling them this information. You want a lawyer who won't make a judgment about you so don't settle for just any lawyer. Find one you are comfortable with all the way around.




Colin Daives writes general information articles about criminal and DUI law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more, contact a Colorado DUI attorney or for assistance with your case in the state of Colorado, contact a Denver criminal defense attorney today.

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Friday, January 15, 2010

Miami DUI Defense Lawyer - Attorney Jonathan Blecher DUILawDefense.com - Drunk Driving Defense - #3a

Jonathan Blecher, Miami DUI Lawyer - Please visit my website at: www.DuiLawDefense.com Florida has some of the toughest DUI Laws in the United States. If you have been charged with Florida DUI or any state or federal criminal offense in Florida, the decision about who you hire to represent you is critical. You will be putting your freedom and your future into the hands of a lawyer whom you may not know anything about. The law firm you choose for your case is probably the most important ...



http://www.youtube.com/watch?v=jFDwDU4sEec&hl=en

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