Archive for April, 2010

How long does it take BMV to suspend license after arrested for DUI and refusing breathalyzer?

Posted on April 27th, 2010 by Dario  |  2 Comments »

I was arrested last week and as of today my license is still valid according to the BMV. Keep in mind I have to appear at FEDERAL COURT, and do not yet have a court date. I heard somewhere that since its federal court, it wont be suspended until I appear in court.

How the heck can a person who gets stopped for DUI suspicion have the right to refuse a breathalyzer test?

Posted on April 25th, 2010 by Dario  |  8 Comments »

This is what happened this morning to former Yankee, Jim Leyritz, after he apparently drove intoxicated and killed a woman in Florida.

I’ve heard this with plenty of other people as well. Shouldn’t these people be required to take breathalyzer tests?

The New World Of Drunk Driving Today

Posted on April 24th, 2010 by Dario  |  No Comments »

imageThe New World of Drunk Driving Today
Driving under the influence of alcohol, or “DUI” as it is usually called,Visit here
 is the most commonly committed crime in the United States. Yet it is almost always committed by a noncriminal – that is, by an otherwise respectable citizen who has never been in trouble with the law. Consequently, representation of the DUI defendant often is attempted by attorneys not versed in drunk driving laws. Typically, the defendant’s business or family lawyer will undertake to represent him “as a favor”. Drunk driving, the lawyer tells himself, is merely a glorified traffic offense. Certainly it is not as serious or complex as a “real” crime, and therefore cannot call for any particular expertise.
This is invariably a tragic mistake. Any lawyer representing a client charged with DUI should be aware of certain preliminary facts.
Though the most common of all offenses, DUI is one of the most complex to understand and defend properly. And the stakes in a DUI case are high – higher in the long run than for most other crimes.
A unique system of legal standards and procedures exists in DUI cases, a system geared to facilitate a conviction. Once the DUI defense attorney is fully aware of these facts, he can proceed to competently represent his client.
Common though DUI is in our courts, it represents one of the most difficult criminal offenses to understand and to litigate. Consider first the nature of other crimes: If the client is charged with petty theft, for example, the issue is usually simply a question of whether he was really seen taking something; if burglary is the charge, perhaps fingerprints represent the most esoteric area involved (if even that); and, in a rape charge, semen analysis may be the only subject requiring any special expertise. In fact, in the majority of crimes, the trial hinges solely on one issue: Did the eyewitnesses see what they testified they saw? Even in circumstantial evidence cases, rarely is anything more exotic than DNA, handwriting analysis or ballistics evidence involved.
Now, consider only superficially what the primary issues are in a DUI case: What was the blood alcohol level in the defendant an hour or so prior to the analysis of a breath sample? To what extent was alcohol chemically affecting the brain tissue of the defendant in such away as to “appreciably” impair his “judgment,” his motor reactions, and his coordination?
In other words, the basic issue is to define chemically what was going on in the client’s brain and body at the time of arrest. Even brain surgeons do not yet fully understand how the human brain functions. Yet, in an attempt to determine the biochemical conditions within his client’s body at a remote moment, the DUI lawyer must be knowledgeable in chemistry, physiology, photochemical and infrared analysis, gas chromatography, etc. And what is meant by “appreciably” impaired? How does one define “judgment”? How is individual tolerance to alcohol measured? What effects do various drugs and medical conditions have on the metabolism of alcohol? Is there any inherent error in breathalyzers? These issues can continue seemingly without end.
Make no mistake: DUI is one of the most complex of all criminal charges, and undertaking to defend a client on such a charge without extensive preparation constitutes nothing short of malpractice.
The second misconception commonly held by both clients and attorneys is that the penalties for drunk driving are only minor. After all, DUI is only a step removed from a traffic citation.
Again, consider the probable consequences if the client were arrested for, say, petty theft, solicitation, or assault. Since it would probably be his first offense, and since he has probably led a sterling life, he will probably not receive jail time. Instead he will be fined perhaps $300 and placed on informal probation for approximately two years. In many jurisdictions, he can come back into court after a probationary period and have the conviction expunged – that is, erased from his record. End result: a few hundred dollars, inconvenience, and attorney’s fees. In fact, statistics indicate that the majority of defendants convicted of felonies end up serving no time in custody; the majority are placed on probation, often without even having to pay a fine.
What does the citizen arrested for DUI face? Depending on the jurisdiction, of course, the first offender may be fined $1,500 and also placed on probation, as a beginning. In addition, the court and/or DMV may take his driver’s license, a license that may be critical to operating his business or performing his job. His car maybe impounded or he may be required to have ignition “interlocks” placed in it. He will have to attend special DUI schools, occasionally for a “fee” of hundreds of dollars. According to one somewhat dated study, a convicted first offender’s average cost for bail, a DUI defense attorney, treatment programs, and fines exceeds $5,000 assuming no accident. Auto Club News (Southern California), October-November 1989. That figure is much higher today. And he may well serve time in jail; many jurisdictions now impose jail sentences for first offenders. On his second conviction he will almost certainly spend time in custody. This is not time served by a hardened con but by a terrified citizen totally unfamiliar with the callous penal system.Visit here

Can I still be charged a DUI without being arrested

Posted on April 21st, 2010 by Dario  |  2 Comments »

Can I still be charged a DUI without being arrested? Is it worth fighting?
Hi, I am 19 years old. Recently I was pulled over for going down a one way out of a dorm parking lot, which is understandable. This happened because I was not familiar with the city and especially at night. Since I was going down a one way the police officer assumed i was very intoxicated and I had been around drinking earlier. He asked me to get out of the vehicle and give me the field sobriety tests, which as far as I know I passed with flying colors (in my eyes).

Afterwords he told me that he was still going to be Breathalyzer because he could smell alcohol, so i agreed and blew into the portable Alcohol Breathalyzer blowing a .04, .02 is the legal limit if you’re under 21. He then ticketed me for going down a one way, and also for a DUI. My car was towed because i didn’t want to contact any of my friends in case they had been drinking as well. The police officer then let me walk away from the scene as he drove off. Now, looking back on it my question is shouldn’t the officer have taken me to the police station for an official Alcohol Breathalyzer or blood test? Should this be something I should be fighting in court?

Related Blogs

Drunk Oldman Stopped and Breath Tested by Police with an Alcohol Tester

Posted on April 19th, 2010 by Dario  |  3 Comments »

In Serbia a drunk old-man is stopped and breath tested by police with an Alcohol tester amazing! Could the Alcohol tester be a bottle of drink?

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