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The latest in DUI Defense READ MORE
May
2

Consequences of DUI

by DUI Defense

Most road accidents occur due to operation of a vehicle under influence of alcohol in the state of Florida. Authorities and law enforcers have made an effort to try and contain the problem with introduction and enforcement of rigid rules and stiff penalties. With such extreme measures, it is expected that DUI cases may diminish over the years. Under regular circumstances, people caught driving a vehicle with a certain alcohol present in their blood sample, urine or breath, are qualified to be booked under DUI. In certain circumstances, there are drivers who might not oblige and undergo a DUI test. These drivers may be charged with another DUI offense and are liable to be punished by the Florida state law.

Full Article

For More Information Visit: http://www.duilawdefense.com

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May
1

DUI Penalties

by DUI Defense

The penalties for DUI cases differ from state to state. The penalties that might be sentenced on you largely depend on two things, the type of DUI charged to you and your current criminal record. If you have previous DUI offenses, this can affect the gravity of your sentence. If you have a clean felony record, the following punishments will apply to you. For first time DUI offenders with a BAC high than the required amount, you will be sentenced to a jail time. Your time in jail isused for alcohol consultation, evaluation, and treatment. You will also be fined, excluding jail costs. Your driver’s license will be suspended for 90 days and you might be put under probation for five years. Community service might also be imposed, plus you will be required to have an ignition interlock device for a year. For second time offenders of regular DUI, the penalties are basically are a little higher. The minimum time you are to spend in jail is 30 months. However, the court may suspend two months if you complete the alcohol consultation, evaluation, and treatment. You will be under probation for five years. Community service is mandatory, and you will also be required to have an ignition interlock device for a year after your license has been returned.

Full Article

For More Information Visit: http://www.duilawdefense.com

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Mar
8

DRUGGED DUI

by admin

DUI. Most people think about someone who drives after drinking alcohol. The same is true for the term DWI or driving while intoxicated. These terms also refer to driving under the influence of either prescription or illegal drugs. In fact, they can and do refer to a driver who is impaired by prescription or illegal drugs, as well as alcohol. The person who drives a motor vehicle after using psychoactive drugs is an issue of ongoing concern to law enforcement officers, forensic toxicologists, attorneys, physicians, therapists and traffic safety professionals all across United States. recent focus is on documenting and assessing drug related impairment displayed by the driver, ways to identify the drug impaired driver on the road, the availability of appropriate chemical tests and the interpretation of the results of urine or blood tests.

Legally prescribed medications can impair a driver. Prescription medication impairment can be as dangerous as alcohol impairment. The primary concern in regard to drugged driving is the effect that medication or drugs will have on a driver. Driving under the influence of any drug that acts on your brain can impair your reaction time, motor skills and judgment. Driving under the influence of drugs is a public health concern because it puts the driver at risk, but also your passengers and others who share the road.

Most illegal drugs and many prescription medications act on your brain and can alter your coordination, cognition, attention deficit, balance, reaction time, perception which are needed for safely operate a motor vehicle. The effects of different drugs differ depending on the history of the user, of course. The quantity consumed and external factors play a role, as well.

Many people think that a DUI can only be prosecuted when and officer believes that you have consumed alcohol or illegal drugs in excess of the legal limits. Any substance, even prescription medication and many inhalant, which can impair safe operation of a motor vehicle, can result in an DUI arrest.

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Sep
3

DUI CRACKDOWN THIS HOLIDAY WEEKEND

by admin

I want to wish you a safe and enjoyable Labor Day weekend and encourage you to celebrate responsibly. Police will be out in force, looking to bust motorists for just about anything and conducting law enforcement roadblocks during the last big overtime weekend of the summer.

“Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said Florida Highway Patrol Director, Colonel John Czernis. “Violators often face jail time, the loss of their driver license, higher insurance rates, attorney fees, time away from work and dozens of other expenses. Do not take the chance. Remember, if you are over the limit, you can expect to be under arrest.”

Law enforcement in all 50 states will be participating in the “Drunk Driving. Over the Limit. Under Arrest” campaign, which is part of a $13 million public service campaign on radio and television, according to the National Highway Traffic Safety Administration.

“Drunk driving is deadly, it’s against the law, and unfortunately, it’s still a problem,” said Secretary Ray LaHood. “With the help of law enforcement around the country, we are going to continue doing all that we can to stop drunk driving and the needless tragedies that result from this reckless behavior.”

The reality is that a significant number of serious and fatal car accidents are caused by drunk drivers. However, it is just as true that law enforcement frequently blame an accident on a driver when it is determined that he or she has been drinking. Further investigation may have determined a driver accused of DUI was not at fault in the accident. This can have a dramatic impact on your case and can even prevent you from being charged with a felony DUI or with DUI manslaughter.

Additionally, holiday weekend enforcement frequently leads to sobriety checkpoints and other questionable enforcement tactics that often result in questionable arrests. Those charged with drunk driving should always seek the advice of an attorney. DUI charges, particularly for first-time offenders, are often beatable. By the highway patrol’s own estimates, only about half of all motorists charged with drunk driving last year had been convicted of DUI by year’s end.

Drunk driving can result in the loss of your driver’s license, jail time, fines, court costs, mandatory treatment and skyrocketing insurance rates. Job loss and the inability to hold certain jobs or enter certain professions is also a common consequence of a drunk driving conviction. Financial estimates put the cost of a DUI at $10,000 or more. Spending the money to hire an experienced DUI attorney in Miami can help protect your rights, your freedom and your financial well-being.

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Jul
19

How Lawyers Should Handle Traffic Stops

by admin

By Elie Mystal

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I talk a lot about what legal education doesn’t prepare you for. You know what it does prepare you for? Any future interaction with police officers. By the time I finished 1L year, I knew the golden rule for dealing with officers of the law: keep your mouth shut. Knowing the law and knowing your rights helps. But whenever you deal with a cop, you should say as little as possible.

Look, as a black man that lesson probably increases my life expectancy. But every person with legal training can benefit from simplicity of silence when cops are around. If I was the victim of a home break-in and called the cops myself, I wouldn’t say anything to them when they showed up. I’d just kind of point at things and shake my head.

You don’t even have to be a practicing lawyer to reap the benefit of these skills. On his blog, Concurrent Sentences (gavel bang: Volokh Conspiracy), a Michigan area law student explains how he masterfully handled a recent traffic stop. It’s a skill all lawyers should have…

You should read the full account between the law student and the traffic cop here. But I want to show you a couple of excellent excerpts:

I got pulled over again on Friday evening. In the same exact spot I was pulled over a couple weeks ago. And again, no ticket and no warning because the stop was an illegal stop and detention. My interaction with the Asshole Police Officer (APO) went something like this:

APO: Good afternoon
ME: [silent]
APO: Good afternoon sir
ME: [silent]
APO: GOOD AFTERNOON SIR [raising voice]
ME: [silent]
APO: Do you know why I pulled you over?
ME: No
APO: I pulled you over because you have window tint on your front side windows
ME: [Silent]
APO: You ever been pulled over for this before?
ME: No, my car is registered in Colorado.
APO: In Michigan you are not allowed to have window tint on your front side windows.
ME: Officer, I am not trying to argue with you, but I am very familiar with the statute relating to window tint in Michigan and I know that the statute specifically exempts vehicles that are not registered in Michigan.

[I am VERY familiar with it, and I keep a copy of it in my car. MCL 257.709 (3)(d) "this section shall not apply to a vehicle registered in another state . . ." My car is registered in Colorado and has clearly visible Colorado plates.]

At this point, all the kid really needed to do was remind the officer of the law, and answer direct questions with simple yes or no answers. Pretty much, that’s what the guy did:

ME: Officer, if you think it is illegal write me a ticket and we’ll have a judge decide.
APO: Just give me your license, insurance and registration. How long have you lived in East Lansing?

[Trying to get me to say something that would be an admission that my vehicle is illegally registered in Colorado because residents have to register vehicles in Michigan I think within 90 days of taking up residency. It is not illegally registered.]

ME:Officer, my vehicle is registered in Colorado.
APO: I know but how long have you lived here?
ME: Officer, my vehicle is registered in Colorado.
APO: Ok, you don’t want to talk to me . . .

No, you should never want to talk to the cops. They can’t misconstrue something if you don’t say anything.

Click here for the full article.

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Jan
18

How much will a good DUI attorney cost?

by admin

The cost of hiring a good DUI lawyer varies by jurisdiction.

 You should expect to pay more in large metro areas than in small towns in rural areas. You should expect to pay more for a second offense than a first. You should expect to pay more for a felony DUI than for a misdemeanor. With that in mind, you will find a wide range of fees.

Typically, the top DUI lawyers charge more than new lawyers, or lawyers with lesser skills or reputations. However, there are some good DUI attorneys charging less than some terrible ones. For this reason, price alone should not be your main criteria when selecting an attorney to represent you. As a general rule, when it comes to legal representation, you should not expect anything for free.

A DUI lawyer in private practice will probably not agree to take your case pro bono (for free), even if you have a good case, and even if you shouldn’t have been charged with the offense in the first place. The best way to get a feel for attorneys’ fees in your area is to call around and get several quotes. When the economy is good, many lawyers try to charge as much as possible for each client. When the economy is poor, there are often “bottom-feeder” lawyers who charge insanely low prices for defending DUI cases (say less than $2,000.00 for the whole case) with the idea of getting a high volume of business and driving better lawyers out of business. These “bargain” lawyers typically take on way too many cases to be effective in any of them and often times leave their clients wondering whether they would have been better off with a public defender.

If you want an excellent DUI lawyer (and you should), expect to pay for it. Expect to pay between $4,000.00 and $10,000.00 or more depending on the location, the facts and complexity of the case, your criminal history and other factors. High quality DUI lawyers charge substantial amounts of money to put their expertise and skills to work for you. They often times don’t make any more money than the “bargain” or “bottom-feeder” lawyers, because excellent DUI lawyers are excellent because they view their profession as a calling and accept far fewer cases so they can do the best possible job for each and every client.

Money isn’t always the only determining factor of whether you will be able to hire the best DUI lawyer in your area. The truly excellent DUI lawyers get plenty of referrals and don’t have to beg or bargain for cases. Some will assess you to see if your expectations are realistic and if you personality will be a pleasant one for them to work with. (As an aside, “bargain” lawyers don’t care about their clients’ personalities because typically they plead them guilty at the first possibile opportunity and therefore don’t have to spend much time with them anyways.) Top DUI lawyers spend a LOT of time with their clients and earn their fees.

Please visit the other pages of MY WEBSITE.

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Aug
9

DUILawDefense.com Blog Celebrates One Year Anniversary

by admin

Our blog has reached its one year anniversary. We have posted quite a few interesting news items about DUI and related issues.

Blog Ranking: Top 2.3 %

Technorati is a popular blog directory service. It measures the popularity of a given blog as compared to all other sites that have been submitted to its system.

This blog currently has a Technorati rank of 1,612,160, which puts it in the top 2.3% of blogs tracked by Technorati.

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Jun
23

You want to SuperSize that Breath Test, Sir?

by admin

By Kim Smith
ARIZONA DAILY STAR
Tucson, Arizona | Published: 06.14.2009
Drunken drivers with the late-night munchies soon could get more than just a burger and fries at the drive-through window.
The Pima County Sheriff’s Department’s new anti-drunken driving campaign — called Operation Would U Like Fries, or Operation WULF — hopes to put undercover deputies inside 24-hour fast-food restaurants to spot impaired drivers placing their orders, said Sgt. Doug Hanna, DUI unit supervisor.
If deputies notice someone with any of the classic symptoms of impairment — slurred speech, red or watery eyes, beer breath — they will radio a uniformed deputy stationed just outside, Hanna said.
The second deputy will then pull over the driver and, if field tests confirm what the officer at the drive-through suspected, arrest him or her for driving under the influence.
“The idea is to get them before they get back on the road,” Hanna said.
Bankrolling the intermittent program will be a $128,000 grant the Sheriff’s Department received from the Governor’s Office of Highway Safety for fiscal year 2008-2009, Hanna said. The grant also funds sobriety checkpoints and other anti-drunken driving programs.
Hanna said several local franchise owners and managers are interested in participating in the program, but are waiting for corporate approval. Once they get it, Hanna anticipates Operation WULF would take place every quarter or so.
Tucsonan Carlos Sanchez said he thinks the idea makes a lot of sense, since it’s a popular belief that people under the influence of drugs and alcohol often get hungry while partying.
“It’s just another way to get drunk drivers off the street,” Sanchez said.
Pamela Andrews, another local resident, has mixed feelings.
“I think it’s a good idea, but then again, isn’t it entrapment?” Andrews said. “I’d say do it anyway, though. I’d rather know the kids are safe out there — the ones who aren’t drinking, but are behind the wheel.”
Local defense attorneys and at least two local restaurateurs, were appalled at the idea.
“I have no love for drunk drivers, and I want them off the road, but this is too much like Big Brother,” said Tom O’Connor, owner of Tucson’s 21 Eegee’s.
Watching for impaired drivers from a parking lot is one thing; “fishing” for them from inside a business is another, O’Connor said.
Mike Herndon, who owns seven local Burger Kings, also was opposed.
Defense attorneys Joseph St. Louis, Michael Bloom and Brick Storts all questioned the allocation of resources in these economic times and the legality of such a program.
For example, alcohol on the breath doesn’t mean someone is impaired, Storts said.
St. Louis said law enforcement agencies spend a lot of money training officers to spot impaired drivers — and now those officers will be stuck behind a drive-through window.
“I’ve been practicing law 21 years, and I’ve done in excess of 200 DUI cases, and I can think of one that occurred at a fast-food restaurant,” St. Louis said.
But he did see one upside: “I can’t wait to challenge the first one in court.”
Bloom isn’t sure undercover deputies will have enough time to develop the “probable cause” needed to pull over drivers.
“The deputies will claim the program will deter drinking and driving, but once the word is out, all they are going to do is deter drunk drivers from going through the drive-through. … Project WULF is not going to reduce people’s blood alcohol levels, but it might reduce their cholesterol levels.”
Critics of the program have their own ideas for addressing the problem of drunken driving. Storts suggested more roadblocks. St. Louis advocates dashboard cameras that would provide evidence against impaired drivers while also protecting deputies from allegations of excessive force and other inappropriate behavior.
Local resident Debbie Ammons said she’d rather see grant money used to fund the school resource officer program, which has experienced cutbacks lately.
DUI unit supervisor Hanna said Operation WULF is just another tool for law enforcement agencies to use in battling drunken driving. The more deputies out in the community — whether they are at checkpoints, on the roads, in liquor-serving establishments or at drive-through windows — the more likely the message will get out.
“Hopefully, people will start getting the message, ‘Don’t drive impaired,’ ” he said.
The Royal Canadian Mounted Police were the first ones to come up with the drive-through concept, Hanna said. He learned about their program, Operation WULF, while attending a MADD conference in Dallas.
The sergeant pointed out that former University of Arizona quarterback Willie Tuitama was cited for extreme DUI after McDonald’s employees alerted a Tucson police officer that they suspected he was impaired, Hanna said. Tuitama was placed on 12 months of unsupervised probation last week after pleading guilty to misdemeanor DUI.
“Lots of time we get information from people working the drive-through,” Hanna said. “They’ll say, ‘I wish you’d been here five minutes ago because we had someone who was really smashed just come through.’ “
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Jul
12

Florida Motorist Arrested Twice for DUI While Sober

by admin

Joseph Errichiello of Port Richey, Florida was pulled over recently at a DUI checkpoint and was charged with drunk driving after failing field sobriety testing.  Mr. Errichiello does not drink alcohol and willingly submitted to roadside tests.  After failing the tests due to physical and mental disabilities, he willingly submitted to both a breath test and urinalysis.  He blew 0.00% according to the breath test and the urinalysis came back negative.

Despite these results, the Florida Highway Patrol placed Mr. Errichiello under arrest for DUI and the prosecutor moved forward with the case.

Less than two weeks later, Mr. Errichiello was stopped again by a Pasco County Sheriff and charged with DUI.  Once again, he proved to be sober after testing.  Mr. Errichiello says that both times the police asked him if he had been drinking and he told them, “No.”  Apparently, he has had a learning disability since he was a child. Mr. Errichiello also stated in an interview with the Pasco Times that he had a severe diabetic condition which contributed to his failing the field sobriety testing.  After the second arrest, the prosecuting attorney did move to dismiss the DUI charges against Mr. Errichiello.

As a Miami DUI Lawyer, it does not surprise me that the police requested that Mr. Errichiello submit to the breath test and the urinalysis after his failing the field sobriety testing.  I am surprised that the prosecuting attorney would want to move forward with its case after the breath test and urine results showed no levels of alcohol or controlled substances.

I know how easily the police can “mistake” the failing of roadside exercises for intoxication. There are thousands of people just like Mr. Errichiello who are unable to pass field sobriety testing because of physical and mental conditions. It is important that individuals arrested for DUI consult with an experienced DUI defense attorney as quickly as possible after their arrest so that such things can be uncovered.

Visit my Website at www.duilawdefense.com

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