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How can Seattle DUI Lawyer lend a hand me if I will be convicted?
Can Seattle DUI Lawyer help me with my DUI defence. I don’t want to go to jail. autoinsurance.bebto.com – check these plans. As I know their rates for bad driving record is not such expensive as from other companies. For most culture charged with a DUI, it…

How do I find a flawless Lawyer for my friend’s Felony DUI charge?
Here’s the deal: 1. he made an illegal U-turn surrounded by Los Angeles 2. another car hit him 3. he didn’t have sports car insurance 4. he had a 0.14 BAL 5. no known injuries 6. this is his first offense. 7. he is charged next to a…

How do I know just about my DUI audible range date, police report after 1st offense. Any website for legal representative ratings ?
I was arrested for 1st offense DUI after a single car luck in CA. No body was hurt surrounded by it.I was taken to hospital & released in 2 hours from nearby. There Officer gave me pink receipt…

How do i seize my license stern from a dui (PLEASE HELP) i cant afford a legal representative.?
i was arrested for dui, at time of the arrest they had to transport me to the hospital, i didnt embezzle a field sobriety test not the breathalizer i didnt snub i just could not take them, but the cop put that i…

How much does a dui legal representative cost within georgia?
A heck of a lot more than a taxi ride home from the tavern. tell the judge you messed up and want to steal alcohol treatment AND MEAN IT Depends on the attorney. I would guess between $500 and $1000 as a rough estimate. Source(s): 8+ years Law Enforcement

How much is a DUI advocate within washington state?
Just curious how much they usually tend to ask for as a retainer fee (initial money down). This would be for the North Seattle area. Not this person’s first DUI. check out findlaw.com It will depend on how you want to proceed. Most will ask for between $500 and $2,500 up front….

How to find free ( state) legal representative if my friend get DUI?
How to find free ( state) lawyer if my friend got DUI? check for also pro-bono lawyers ik222, Last year I got pulled for a DUI. In my state a 0.08 is considered too drunk to drive. I’m not sure what the constrict is in Indiana. Try calling…

How to look for a fitting DUI advocate within Virginia (Hampton Roads)?
Anyone in VA know of any good DUI lawyer? I’m looking for one with experience. save your money, i tight-fisted it. my Friend spent 5 grand on a lawyer who said he would attain him off. but in virgina when you return with a dwi it can’t be beat….

I am trying to database a motion for discovery. Traffic DUI. What does one typically look close to. Any lawyer on?
If there are any lawyers online in a minute? any help at all would be greatly appreciated don’t listen to the first response!! nearby is always a fighting arbitrary. if you just plead guilty it will haunt you for at…

I am wondering if i should bring back a attorney for my dui or should i merely represent myself?
I recently got caught at a checkpoint. I be pulled over because I had a broken tail-light and the police officer started to ask if I’ve been drinking. I be honest with him. I told him that I drank two beers and…

I basically get my 1st DUI, should I attain a Lawyer?
Ok, so I was parked in my motor, but was in certainty drunk. I was not planning on driving and was chitchat inside the car with my gf infront of her house. The cop come up behind us and told me to step out of the car. The aim he…

I basically recieved a DUI by a minor within Lubbock, TX. I be wondering if I should obtain a legal representative?
You should always get a legal representative for a serious charge. Unless there’s a obvious flaw in the together thing, don’t bother. If you were BAC tested, and you be over the limit, even if you passed all the sobriety…

I be charged next to a dui 3 years ago but i have a legal representative find it thrown out and i wasnt convicted of it.?
my lawyer had the dui thrown out and reduced to a speeding ticket between 1-5 does this allow me to cross the canadian border No conviction=no problems

I be charged next to DUI within Florida-Broward County.I blew 0.149.Can a advocate minister to me to drop charges?
That is it…i dont wanna pay a lawyer who cant assistance me….i am in agony…any hint? S/he could probably not get the charges dropped. However, s/he might know how to get the fine dropped. It is pretty hard to provide supplementary information…

I be supposed to appear surrounded by court for DUI conviction.My attorney told he have rescheduled the court date..?
But actually i found out today that the arrest warrant was issued for my arrest due to my damp squib to show up in court.The lawyer said he have filed the papers already but probably something got contained by way.Now the letter…

I contacted 2 DUI lawyer online– They hold trying to bring contained by touch?
I sent some evaluation thing in to two or so sites. I get a call and a voicemail from one and an email saying he tried to phone call me, email from the other attorney. Is the fact that he is trying to get into touch beside…

I didn’t settle up the go together I owe from a DUI attorney, and presently they are harrasssing me for this. What shall I do?
I asked the services of a DUI lawyer but wasn’t able to discharge the remaining balance as of this time, what shall I do? They are threatening me, harrassing me, etc. Asking you to pay your…

I dont wanna get hold of a dui legal representative thats why im on this entity.?
i firgured instead of getting a dui lawyer, i could just jump on this answer thing and figure out my option. and from the looks of it, there are no options. contained by california, a dui will mess you up. i know i know “dont…

I enjoy a dui imminent, and both of my lawyer simply get locked up over dealing meth. What can I do?
A buddy of miine told be about ineffectiveness of council. Does anyone know about this or if at hand is something else I can do? I already shelled out money for these two a$$holes, and I don’t have enough to…

I get a dui 4 my 1st time, own nought on my transcript should I hire a attorney? also If I dont how should i plee?
Hi I live in Portland, Ore. and got pulled over for a DUI I get arressted and was very coporative near the officer. I know he gave my a good report. I did blow a…

I get a DUI a year ago within Orange County should I acquire a advocate?
I really don’t recall the reason for the cops pulling me over, but i enjoy 10 days to make an administrative per se hearing near the DMV. Should i get a lawyer? I still don’t know what my BAC be they did a blood test on…

I get a dui i stir to court tomorrow i can’t afford a advocate and near be an fluke how should i plead?
I blew a .117 and told the cops i had been drinking my friend contained by ny says that i don’t have anything to verbs about because this is my first offense but i’m very worried. I already…

I get a DUI surrounded by WV i live contained by pgh i want a legal representative!?
i was leaving the mountaineer i have 2 margraritas. Yes you do need a lawyer. Everyone who gets nail for DUI only had 2 of what they be drinking. “> you need a lawyer for what , if this is your first DUI offense…

I get a DUI within indiana while visit for a light of day. I live contained by Chicago. Do I have need of to go and get a attorney from indiana?
I blew a .09 on the breathalizer, It’s my first time being arrested or anything. If I need to catch a lawyer from indiana, will i have to drive over…

I get a second DUI and get a attorney and have to remuneration a fine but get to save my licence and it won’t be on my?
driving record, in my state a poor party would of gotten a minimum of 1 year in jail for a 2nd DUI. How did our system bring so corrupt, or has it always be…

I get my first DUI within California, over the weekend. Can I bar this by myself/NO Lawyer?
I was recently charge near Driving under the influence, i was thinking on handling it by myself, in that werent any casualties, just got pulled over, and be booked, stayed for 5 hours at a holding cell, then released. I will have a court…

I have a DUI. I remunerated my advocate $ 2,000.00. ?
The invoice states” Total Services Rendered”. Does that mean I will not have to compensate him for anything extra? Does that mean he will help me from the start to the time he help me get my license back lacking paying anymore money? It technique he will represent you in…

Originally published here.

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lawyerfreefaq

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Copyright (c) 2008 Robert Keefer

Many people are not concerned about DUI laws as they say they will never drink and drive. Such people assume their actual innocence immunizes them from arrest. Unfortunately, actual guilt is not a predicate for DUI arrest — all it takes is an officer who says you are drinking.

Police officers are not very good at discerning between people who are .08 and people who are .00. Indeed, few people are very good at determining who is “legally drunk” at .08 and who have no alcohol at all. The reason the police do not detect impairment in subjects with .08 is that there is usually no impairment to see. The .08 standard is an arbitrary standard — most people are not impaired at .08 despite what MADD, the media and the government tells you. For that reason, in today’s America, the police arrest anyone they believe smells of an alcohol beverage.

If this hypothesis is true, that smell by itself merits arrest, then there should be a lot of .00 people who are wrongfully arrested. People who smell of alcohol or the police believe smell of alcohol but actually have no alcohol in their system. Thomas Workman, an electrical engineer with many years of work experience who is also a patent attorney, has done a detailed analysis of Florida’s breath alcohol testing program results. Mr. Workman found that one out of every twenty Florida citizen tested for alcohol had two zero (0.000) samples. No alcohol was found. From April 1 2006 to November 30 2007 there are more than 3,900 citizens who provided two samples of 0.000, for DUI tests.

From April 1 2006 to November 30 2007 there are about 58,000 citizen tests with results above 0.000

This works out to 6.7% for Florida as a whole. But do some police officers arrest more innocent people than others?

When you look at the data and identify the arresting officer, some disturbing patterns emerge. The same officers are making these “double 0.000″ tests, over and over. While Florida Dept of Law Enforcement claims to be monitoring the tests, they do not look for these kinds of patterns, or if they are, they ignore what they see. This is not the whole story according to Mr. Workman.

For citizens who supply a first sample that satisfies all of the requirements set by Florida, and who then are charged with a refusal, because a second adequate sample is not supplied, it is shocking to look at what the first sample was measured to be.

Of all citizens who do supply a first sample, and then fail to supply a second sample, over 90% of these first samples measure to be 0.000. This means that a citizen is punished for a refusal, which includes the possibility of a jail sentence, when the officer knows that the citizen has no impairment. Why would a citizen with no alcohol in their system refuse to give a second sample?

These citizens, who represent 1% of all tests of citizens, are treated far worse, because they do not have the benefit of the 0.000 result, and they likely are prosecuted, and many convicted. They can also be convicted of the crime of failing to provide a sample, even though it is likely that the second sample was prevented by the officer (again, why would a sober person refuse to provide a second sample?)

Then there are the citizens who are tested with machines that are defective. Mr. Workman will be presenting his findings of these, who represent more than 10% of all tests (that is more than 1 out of ten tested is being tested on broken machines) at the annual NACDL conference in Las Vegas.

We are all indebted to Mr. Workman for his time consuming analysis which indicates that thousands of innocent people are being convicted of DUI with 0.000 blood alcohol. This result supports the hypothesis that since .08 is usually not physically distinguishable from 0.000, people with no alcohol in their systems are subject to arrest, prosecution and conviction for DUI.

If you get arrested despite being innocent and the officer decides that you refused the breath test, you can get convicted despite your innocence. Even the innocent need to be afraid of DUI laws.

Originally published here.

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Robert Keefer

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Chapter 12 DWI Lawyer Bob Keefer: DUI Guilt Myth

CHAPTER 12

“WHAT DO I NEED TO KNOW ABOUT THE LAW IN MY STATE?”

—DUI LAW IN VIRGINIA

Differences in DUI Law in Virginia from Other States

The Virginia legal system for DUI’s has several notable differences from other state these major differences will be outlined below.

DWI and DUI in Virginia are the Exact Same Offense

In most states there is a difference between DW I, “driving while intoxicated” and DUI, “driving under the influence.” For an example, in most states driving while intoxicated is a more serious offense than driving under the influence. Other states have even a third finding available such as operating while impaired or OWI.

In Virginia, there is no difference between DUI and DWI. Virginia Code Section 18.2-266 makes it illegal to drive while intoxicated or under the influence of alcohol and/or drugs.

The Virginia Code defines intoxicated as follows: “‘Intoxicated’ means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.”

Blood Alcohol Content (“BAC”) relates to BAC While Driving

Another difference from many states is that Virginia looks at the blood alcohol content (“BAC”) while driving. Other states will base their legal limit on the BAC at the time of the taking of the breath or blood sample. The distinction is that Virginia motorists are able to present evidence that their BAC while driving was lower than the subsequent blood or breath test.

Under Virginia DUI law, anyone driving on the highways of Virginia has, according to Virginia’s implied consent law, given their “consent” to a breath or blood tests if they are arrested for DUI. If this test results is a .08 or above, there are are significant effects in the prosecution of one’s case. One way of proving DUI, known as the “per se” law, looks at nothing but the breath result. If it is .08 or above, the person is guilty of DUI; if it is below .08, the person is not guilty of DUI. However, since Virginia looks at the BAC at the time of driving, the defendant still has the ability to present expert testimony that his BAC while driving was in fact less than a .08.

Similarly, another way of proving DUI, looks at the .08 or higher breath result as one of the pieces of evidence in the overall trial. Although the statute says that if the BAC is .08 or above, there is a “presumption” of intoxication, the Virginia Court of Appeals ruled in 2007 that such presumptions are an unconstitutional infringement upon the Constitutional guarantee of the presumption of innocence in any criminal trial unless the language is interpreted to mean that there is not a mandatory presumption of intoxication. The Virginia Court of Appeals ruled that the courts must interpret the words “shall be presumed” to mean “may be inferred.” Thus, in a DUI prosecution under this section, the judge may infer (but is no longer required to presume) that someone is intoxicated if the prosecutor proves that they were a .08 or above while driving. Again, the defendant may present evidence that in fact his actual BAC while driving was below a .08 or that the results should not be given much weight because of issues with the machine or manner of testing. If the defendant is able to do this, then the judge may not make any inference based on the breath result.

Right to New Trial on Appeal to Circuit Court- Trial de Novo

General District Court, most commonly referred to as “traffic court” for DUI defendants, is the lower of the two trial courts in Virginia. There are no jury trials at the General District Court level. Doesn’t the Constitution of the United States guarantee a criminal defendant the right to a trial by jury? Yes.

Virginia grants anyone convicted in General District Court what is called a “trial de novo” on appeal to the higher trial level court in Virginia, known as the Circuit Court. Thus, any DUI defendant in Virginia who is unhappy with the judge’s ruling or sentence in the General District Court, has the ability to appeal to the Circuit Court and as soon as the appeal is noted, the conviction of the lower court is completely wiped off his record. I like to tell my clients that it is just like taking an eraser to a blackboard, and the client is in the exact same position that they were prior to the first trial (i.e. they are presumed to be innocent and have not been convicted of DUI.) Or, to use a golf analogy, Virginia allows all DUI clients a “Mulligan” on their first DUI trial!

The trial courts rule on both fines and jail time and license suspension issues

In many states, a DUI charge leads to two separate trials. The trial in court in front of a judge who determines whether someone is guilty and what fine and/or jail time someone receives, and in administrative license hearing in front of that state’s Division of Motor Vehicles. Virginia does not have a separate hearing for the determination of the status of someone’s driver’s license. By statute, the judge has to suspend the person’s license for a specific time based on whether this is a first or subsequent offense. The judge has the authority to grant a Restricted License allowing the person to drive to work, school, alcohol education classes and certain medical and family driving.

Virginia DUI Penalties

Administrative License Suspension (ALS)

For a first DUI offense and/or breath test refusal, your driver’s license will be automatically suspended for seven days if your BAC is 0.08 percent or higher.

For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trial, which ever comes first.

For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial. Conviction of a DUI offense will result in suspension of your driver’s license and other penalties in addition to the administrative suspension.

First Offense – Penalties

i) BAC < .15

Class 1 misdemeanor (Up to $2,500 fine and 12 months in jail) with a mandatory minimum fine of $250.

ii) BAC .15 to .20

If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 5 days or,

iii) BAC > .20

if the BAC level was more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days.

License Suspension

License revoked for 1 year. Eligible for immediate Restricted Operator’s License. Ignition Interlock required for BAC of .15 or above.

Second Offense – Penalties

A) Committed within less than 5 years from a prior offense

• Minimum $500 fine

• Confinement in Jail for one month to one year. 20 day mandatory minimum jail sentence.

• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.

• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.

B) Committed within 5 to 10 years from a prior offense

• Minimum $500 fine

• Confinement in Jail for one month to one year. 10 day mandatory minimum jail sentence.

• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.

• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.

License Suspension

License revoked for 3 years.

• 2nd conviction within 5 years- eligible for Restricted Operator’s License after 1 year. Ignition Interlock required for Restricted OL.

• 2nd conviction within 5-10 years- eligible for Restricted Operator’s License after 4 months. Ignition Interlock required for Restricted OL.

Third Offense – Penalties

A) All 3 committed within 5 years period

• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.

• Mandatory minimum jail sentence of 6 months

                • Mandatory minimum fine of $1,000.

B) All 3 committed more than 5 years and up to 10 year period

• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.

• Mandatory minimum jail sentence of 90 days.

• Mandatory minimum fine of $1,000.

• License Suspension

License revoked indefinitely.

Fourth Offense in 10 Years- Penalties

Class 6 Felony with mandatory minimum 1 year imprisonment and mandatory minimum $1,000 fine

License Suspension

License revoked indefinitely.

Transporting Children While Under the Influence

Conviction of any DUI offense involving a juvenile passenger (age 17 or younger) in the vehicle at the time of the offense carries an additional mandatory five-day jail term in addition to all other fines and jail sentences. You may also be assessed an additional fine of at least $500 and up to $1,000.

A second DUI offense with a juvenile (age 17 or younger) in the vehicle carries an additional 80-hour community service requirement in addition to all other fines and jail sentences.

Multiple Offenders and the Trauma Center Fund

Virginia also requires anyone has been previously been convicted of DUI/DWI in any state to pay $50 to the Trauma Center Fund to subsidize the cost of emergency medical care to accident victims in alcohol or drug use car crashes.

Virginia Alcohol Safety Action Program (ASAP)

If convicted under Va. §18.2-266 (DUI/DWI statute) or Va. §46.2-341.24 (DUI/DWI of a commercial vehicle), Virginia statute requires enrollment in ASAP. This course costs between $250 and $300. The program is 20 hours long and focuses on substance abuse and driving, substance abuse and health, and self-evaluation of potential for substance abuse.

Ignition Interlock Program

Virginia requires that anyone convicted of a second DUI or anyone that has a BAC greater than .15 for their first DUI have an ignition interlock system installed. This system records the drivers BAC via breath test each time the car is started. It also requires that the driver blow into the breath analyzer ever 5-20 minutes.

8 Secrets 

1. If everyone insists on their constitutional right to go to trial, the prosecutor will be in court all day.

2. In most cases, the mandatory minimum sentences for DUI are so harsh that a defendant in a DUI trial risks absolutely nothing by going to trial. Many clients ask me if a judge will penalize them with a harsher sentence if they assert their right to trial. The Virginia legislature has now raised the minimum sentence for all DUI cases to such a high level, that, if you decide to go to trial on your case, in most instances, as a practical matter, you are going to get the same sentence as the person who pleads guilty.

3. The prosecutor doesn’t want to be there. No one takes a job at a prosecutor’s office because they fantasized about prosecuting in traffic court! In most jurisdictions, the prosecutors would rather be prosecuting their felony cases than handling a traffic court docket. Furthermore, the prosecutor has 20 to 30 other cases with attorneys on the traffic court docket that they must handle that day.

4. The prosecutor is unprepared. In the vast majority of jurisdictions in Virginia, prosecutors do not look into traffic cases ahead of time. Most of my clients are shocked when I tell them that it is impossible for me to contact a prosecutor with knowledge about their case prior to the court date to discuss their case, because the prosecutors do not look into the cases ahead of time. In most jurisdictions, if someone shows up without an attorney, the prosecutor does not get involved. Thus, it is impossible for someone attempting to represent himself in these jurisdictions to discuss a possible plea bargain with the prosecutor, because the prosecutor will not speak to them. In some jurisdictions, such as Virginia Beach, there is not even a prosecutor for any traffic case, even a DUI with an attorney!

5. The 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 5 to 10 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, the officer clearly has no independent recollection of the arrest.

6. Most prosecutors know very little about the science (or lack thereof) behind field sobriety testing. At no time during law school does the professor ever say, “Today we’re going to learn about standardized field sobriety testing.” A thorough knowledge of these tests would actually hurt their cases and prevent them from making arguments that I routinely hear prosecutors make to judges while trying to argue that the results of these tests should be given more weight than they were ever intended to. For example, the three standardized field sobriety tests were only used to predict a 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 police officer did not follow proper procedures for the field sobriety tests. If a police officer receives proper training about field sobriety tests, they will be told the proper standards and procedures 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 25 years of practicing law, I have never seen an officer use anything as a chin rest for a suspect, even though in the vast majority of those cases the officer testifies that the suspect was swaying and unsteady on his feet! The manual also states 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. The breath testing machine is just that- 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 from between 1100 and 3200. However, the machine uses a standard ratio of 2100, almost the average between the two.

If you exchange alcohol at the 1100 rate, the machine gives a reading twice as high as it should. On the other hand, if you exchange at the 3200 rate, it gives a reading half as high as it should. In any event, the principle is flawed and readings can vary up to 50% from the actual breath content. The manufacturers of the Intoxilyzer 5000 have flat out refused to reveal their source codes to defense attorneys. The source codes are basically the mathematical formula that the machine uses to convert a small sample of breath to a blood alcohol content number. Courts in Florida and Minnesota have already ruled that this refusal is a basis to dismiss DUI prosecutions. Virginia appeals courts have yet to rule on this issue.

CONCLUSION

A DUI charge is liable to make you feel overwhelmed and at the mercy of a Court system, police system and legal system that you do not understand. With the police and the prosecutor trying to convict you, you might think that it is useless to fight the charges against you.

The goal of this book is to help you feel more in charge of this potentially overwhelming ordeal, to shed some light on what you are going through, and to help you find a qualified defense attorney who will work to ensure that justice is done. When it comes to your case, justice means demanding that the police follow proper procedure, that only legally admissible evidence is presented at trial, and that you are not convicted on the basis of anyone’s opinion or prejudice.

Regardless of the particulars of your case, you deserve to find a lawyer who knows what your are going through, who knows what you are up against and who has years of experience going to bat for others in your situation by fighting the DUI Guilt Myth. And a chance to fight for your rights is not simply what you deserve. It’s the law.

 www.BobKeeferLaw.com

Originally published here.

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Bob Keefer

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