Archive for October, 2009

San Diego DUI Lawyer Finds Dishonesty in DUI CaseTestimony

Posted by admin on Saturday, 31 October, 2009

When it comes to court time, the prosecution (police or sheriff’s department) will often use evidence from their key witness in the crime lab. The expert that provides evidence of toxicology is the crime lab’s blood-alcohol expert. These key witnesses, often called forensic toxicologists, will often go to the stand and describe what amount of alcohol was found in the blood, what is done to find this level while describing the steps in laymen’s terms. They are probably the singe most important witness, because they back up the evidence of blood alcohol levels — something that a breathalyzer may not do 100 percent of the time.


The honesty of all those in the chain of evidence gathering at the police department is important to the case at hand, but recently a San Diego DUI lawyer found the toxicologist’s testimony odd since most of his account seem to come from a paper he was referring to during questioning.


Afterwards, San Diego attorney Cole Casey approached the toxicologist and asked him what he was reading during the testimony. To his surprise the witness showed him the paper he was referencing and found it to be a strict instruction list on how to answer. The instructions explained to the witness on what to say verbatim, not what their experience was or anything that they knew unique to the case.


If fact some of the questions where basically saying to play dumb and state that “it’s impossible to remember each blood draw.” This was the prosecutions method of putting away DUI cases without a matter of a doubt simply to make their toxicologist follow along a set of guidelines on what to do rather than what they know happened during testing — a true conflict and a pretty blatant case of dishonesty.


Another ‘Expert Witness’ Gone Wrong


Another toxicologist was found, not to have been giving testimony with scripted lines, but scripting a false resume instead. During an employee record audit at the San Diego Sheriff Department’s Crime lab, it was found that an often used key witness, Raymond Cole, had falsified his resume. It was found that Cole’s resume states that instead of graduating from Berkeley in pre-med, he had actually graduated with a bachelor’s in political science.


Unfortunately Cole had nearly 30 years working in the crime lab with many cases where he was used at the witness stand. Notices of the allegedly perjured testimony went out to the San Diego DUI lawyers that used him.

1.800.DUI.LAWS (http://www.1800duilaws.com/cities/San-Diego-California-dui-lawyers.html) can help you locate a San Diego DUI lawyer who can give you a free initial consultation. They also list many other DUI attorneys throughout California and the U.S. The author, Art Gib, is a freelance writer.

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drunk driving a simulator

Posted by admin on Saturday, 31 October, 2009


This is me driving a car simulator while under the influence of alcohol and drugs (speed). I asked if i could crash the car and they let me do it so this is the result. Special thanks for the people at TNO soesterberg who payed me to do this.

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Your Rights in a Dui

Posted by admin on Saturday, 31 October, 2009

Driving while either intoxicated or drunk is dangerous and drivers with high blood alcohol content (BAC) are at increased risk of car accidents, highway injuries and vehicular deaths. Prevention measures evaluated include license suspension or revocation, impounding or confiscating vehicle plates, enforcing open container bans, increasing penalties such as fines or jail for drunk driving, mandating education for young people, and lowering legal BACs. Also discussed are safety seat belts, air bags, designated drivers, and effective practical ways to stay sober.Volunteer to be a designated driver. Never condone or approve of excessive alcohol consumption. Intoxicated behavior is potentially dangerous and never amusing. Don’t ever let your friends drive drunk. Take their keys, have them stay the night, have them ride home with someone else, call a cab, or do whatever else is necessary – but don’t let them drive! There are about 25,000 deaths a year, be careful with your friends and family in the car.

It is an unfortunate occurrence, however, in some cases, DUI rights are overlooked when you are arrested and charged for driving under the influence. Overlooking a person’s DUI rights is far too common and we are at a place in society where DUI rights are considered to be generally non-existent.

Regardless of why you are arrested or what you are charged with, you are innocent until proven guilty and your DUI rights should be continued, exercised and protected.

The most basic of your DUI rights is the right to representation (a lawyer or attorney). In many cases, the police will not acknowledge your right to representation, the protection of unlawful search and seizure, and more. The DUI rights have changed considerably, mostly due to public pressure, but they still exist. It is really important that if you are charged with a DUI that you insist on exercising your DUI rights. This will help increase your chance for a fair trial as well as prevent potentially embarrassing and catastrophic social and economic consequences.

If you are charged with driving under the influence, the best thing you can do is let the police know that you know what your DUI rights are.

You can refuse a handheld breathalyzer test and a field sobriety test. Your DUI rights also allow you to refuse to answer any questions including answering how many drinks you consumed.

However, DUI rights do not allow you to refuse your identity and they do not allow you to decline field testing at the jailhouse. When you are booked, ensure that you exercise your DUI rights and make a phone call to a friend, loved one who can find you a lawyer, or to the attorney themselves.

There are plenty of attorneys who specialize in DUI laws that are the best suited to represent you if you are charged with a DUI. Driving under the influence is a serious offense and can lead to many charges being laid against you, other than just DUI in some cases. A specialist lawyer in DUI law is the best person capable of representing you and ensuring that you get a fair trial.

Driving under the influence charges can be expensive and the consequences can be long lasting. Not only do you face criminal charges, you will also be fined, have to pay an attorney and maybe even lose your license. There are also long-term consequences to be charged with driving under the influence, and that can include severely raised insurance premiums or no insurance at all. While having an attorney is an additional expense, it is one you can ill-afford not to have – it could save you a great deal of time, money and heartache.

Your DUI rights are important – they are designed to prevent you from being charged falsely. In order to properly discuss your DUI rights, you should contact an attorney who specializes in DUI laws to help you.

Andy Taylor runs websites on “DUI Lawyer”. DUI Lawyer Guides provides free information on DUI related issues please check http://www.dui-lawyer-guides.com

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How to beat a D U I

Posted by admin on Saturday, 31 October, 2009


PLEASE PLEASE PLEASE don’t drink and drive. Plan yr night out. Take trains, buses, taxi’s, walk, sleep over a friends house, get a hotel, or sleep in yr car. U have options. But also PLEASE PLEASE PLEASE don’t let cops screw you over either.

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Seattle DUI Attorney – How to find a good one?

Posted by admin on Saturday, 31 October, 2009

A DUI case is a very serious matter. Because most career options need a criminal background check, a DUI case not only has serious legal consequences, it also has the potential to ruin your future. Therefore, if you are charged with DUI, your top priority must be to look for a competent Seattle DUI attorney who can help you. Do not even think of representing yourself!

A good start to finding a reliable DUI attorney is to browse the Internet and prepare a list of a few attorneys in Seattle area who specialize in the field of DUI defense. So if you are a resident of Seattle, you can start by searching on “Seattle DUI Attorney” term and see what comes up in the search results.

 It is crucial for your DUI case that you look for a Seattle attorney who is an expert in DUI defense. There are a lot of great attorneys out there, but only some of them are experts in a particular field like DUI/DWI. DUI cases are a serious matter and you do not want to have an attorney who is not very good at defending cases like yours. To make out which one of these attorneys are specialist DUI lawyers, you should visit each attorney’s website and it will be easily evident to you if the attorney’s prime focus is DUI or something else.  If a lawyer’s website focuses on several areas of practice and DUI is just one of them, you may want to look somewhere else.

 Once you have made the initial list of expert Seattle DUI attorneys, it is time to look at their credentials like years of experience in the field of DUI, their education and background. The attorney must have spent a substantial part of her career dealing with DUI cases. You must look for client testimonials and seek out details about acquittals, dismissals, and reduction in charges this attorney has achieved in the past. See if they are members of any law community or organization dedicated to DUI law or cases. You should also see if they have any negative reviews on online legal forums and directories.

 

Some of these shortlisted expert DUI attorneys will offer you a 30 minute free legal consultation. This could be a great opportunity to analyze the attorney’s behavior before you choose to retain one of them. The attributes you should be looking for in a reliable DUI attorney are: their understanding of your legal requirements, their command over the legal situation you are in, and their motivation level to help you get justice. You must feel that the attorney is trustworthy and you must be comfortable in discussing your case with the attorney.

 

Finally, you must look at the costs involved in hiring the attorney you have in mind. The legal fees should not add to your existing troubles, and should be within your budget, so that you can focus on the case. With a little research and effort you should be able to find a competent Seattle DUI lattorney who is also affordable.

 

Selecting the right DUI attorney is serious business and you must make an informed decision as your future may depends on it.

Fern Herbert is a DUI Attorney and owner of Herbert Law Offices www.herbertlawoffices.com . She is a former prosecutor and DUI defense lawyer.

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A Staggering Statistics of Teenage Drunk Driving

Posted by admin on Saturday, 31 October, 2009

“One out of 10 children ages 12 and 13 uses alcohol at least once a month. In a single year, 522 children under age 14 were arrested for driving while intoxicated, (113 of them were under 10 years old). 70 percent of all teenagers drink alcohol. 60 percent of all teen deaths in car accidents are alcohol-related.

According to the National Highway Traffic Safety Administration, over 17,000 people were killed in alcohol-related traffic accidents in the United States last year, a rate of one person every 30 minutes. Even more alarmingly, almost 1/3 of the 15- to 20-year-old drivers killed in motor vehicle crashes in the U.S. had been drinking.

Statistics show that approximately 70% of all teenagers drink alcohol, including 1 out of 10 children between the ages of 12 and 13.

Safeguards against Underage Drunk Driving:

Parents and older siblings must be aware that they are role models to younger family members, and should be cognizant of what kind of examples they set in regard to both their driving and drinking habits.

Restricting access to liquor and automobiles at home may be an effective preventative measure in the short term, but it is even more advisable to confront your son(s) and/or daughter(s) about the serious risks involved with underage drinking.

Whether driving or riding as a passenger in a vehicle, always wear a seatbelt!

If you see vehicles that are speeding excessively or swerving, try to get a license plate number and call your Sheriff’s Office, the local or state police.

If a person has too much to drink and insists on getting behind the wheel, do not get into the vehicle.

If you are going to an event where alcohol will be served, take public transportation like buses or taxis, if possible.

Regardless of your age, if you believe you may have a drinking problem, consult a school counselor, health professional, or an alcohol support group (for example, Alcoholics Anonymous).

In reaction to teenage drunk driving statistics, states have enacted harsher penalties to punish teens that drink and drive. Most states have adopted zero tolerance laws which make it a crime for a teenager to operate a motor vehicle under the influence of any amount of alcohol. In addition to harsh penalties for teenage drunk driving, it is also a crime in most states for a minor to drink, possess, transport, buy or even try to buy alcohol. Parents can be penalized for furnishing alcohol to minors, especially in cases where teenage drunk driving was involved.

Teenage drunk drivers also face some serious legal consequences that will harm them into their adult lives. They face revocation of their driving privileges, stiff fines, probation, alcohol education and treatment, and community service not to mention potential jail/prison time for a severe offense.

If you have been involved in a teenage drunk driving incident, you may wish to speak to a qualified attorney who can advise you of your legal rights and options in a case. Because the laws vary by state and circumstance, a knowledgeable attorney can best help protect your interests in a teenage drunk driving case.

Andy Taylor runs websites on DUI Lawyer. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.

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How to Choose the Right DUI Lawyer for Your Case

Posted by admin on Saturday, 31 October, 2009


How to choose the right DUI lawyer in Connecticut bu Connecticut DUI Attorney Jay Ruane

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Drunk girl arrested for DUI

Posted by admin on Saturday, 31 October, 2009


Cops stop a girl and give her a sobriety test. She fails and she is arrested and handcuffed behind her back.

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How to Defend and Win a DUI Case

Posted by admin on Saturday, 31 October, 2009

Most likely you are reading this because you got charged for a DUI. Although you were caught drinking and driving, there are still ways to either reduce the charges that you will possibly face or have them dropped completely.

This article will be focusing on people who received a DUI and blew a BAC, or Blood Alcohol Content, around .08%. For a lot of states like California and Arizona, the legal blood alcohol content to drive is .08%.

I have seen a person in court that got a DUI and their BAC was only .09%, and instead of fighting it, he willingly took the charges and plead guilty. He did not have an attorney represent him, which is not smart. At the least, he should have received a public defender to counsel him on what could happen if he does plead guilty. They not only have a DUI on their record now, but they lost their license, had to pay fines to the court, and now have to attend a DUI program which is 9 months worth of classes.

One way that he could have avoided his penalties is to first hire a specialized DUI attorney. If you do not have the money resources to do this, and you got to be honest with yourself, then get a public defender. I say this because you will be paying atleast $2,000 in court fees and DUI program fees once your case is settled. Not only that, but you will have the DUI on your record, and you will not be able to get a job that requires a clean DMV record. So like I say, try to get an attorney to represent you, especially if your BAC was close to the legal limit. One fact is that you could be driving and have alcohol in your stomach, and at the instant you are pulled over, your BAC is below the legal limit. Well, if the officer takes half an hour or more to give you a BAC test, it is possible that you are now over the legal limit. This is one way to fight a DUI, because technically you were driving legally, and during the time that the officer was interogating and giving you a field test, your BAC could have risen over the legal limit.

There are a lot of ways to defeat charges against a DUI, and it is best to consult with a specialized DUI attorney before going into court.

You can get more information on an Arizona DUI Attorney or a California DUI Attorney. If you would like to learn more things about a DUI and DUI attorneys, Click Here

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DUI Attorneys Give You Second Chance to Enjoy Your Driving Career

Posted by admin on Saturday, 31 October, 2009

Drivers have their responsibility that they need to fulfill. Everybody is aware of this fact by unfortunately not all are serious in following it. Although there are certain rules in driving, many are still hardheaded and keep on practicing driving after drinking alcohol. In fact they only realize that DUI is a serious crime once they are face with a law suit in which they need the help of DUI Attorneys. Since you have cause a serious accident which do not only affect you but also other people, you have to be prosecuted and the service of DUI Attorneys in your area will only be the help that you will need in order to handle your case properly.

Aside from paying for all the damages you cause on the accident to which you are fault; you are also required to pay monetary fines which will cost you too much money. You will also be doing community service depending on the given duration of the court and the request of DUI Attorneys to the court. The worst punishment that will be given to you is jail time. You surely do not want this to happen since you have work and hiring your DUI Attorneys will give you the chance to reduce your punishments. Your DUI Attorneys will also be the one responsible to present some facts in front of the court that you are ready to accept your fault. If your DUI Attorneys have convince the court, there is a possibility that you will be given lesser charges or DUI Attorneys can even help you dismiss your case.

DUI case is not an ordinary case because this can affect the rest of your life and also your driving career. It is written in the DUI law that you have to file a request for Administrative Hearing within 15 days from the time of your arrest with the help of DUI Attorneys. You need the help of DUI Attorneys in such condition because if you fail to file a request for Administrative Hearing, your driving privileges will be get from you fro a long time or even for the rest of your life. Thus you have to hire DUI Attorneys who can help you restrain your driving privileges as soon as possible or reduce the time of its suspension.

You can find local DUI Attorneys which can help you settle everything in your DUI case. But of course just like any other thing, you have to consider few things to make sure that you will be getting the best DUI Attorneys who can give you his service well in a less amount of money. You already paid a lot in settling the damages you have cause and so you want to save in hiring DUI Attorneys.

Well it is not really impossible for you to find affordable DUI Attorneys in your place as long as you have an access in the internet. There is a certain site which can help you in your search of affordable DUI Attorneys. In fact you have the opportunity to hire the finest and greatest DUI Attorneys regardless of the states you live. This is because the site has DUI Attorneys who are willing to study your case for free. The only requirement that you have to comply is to give your personal information and a brief description of your case which will be forwarded to DUI Attorneys in your place. Upon submitting your form, you can expect that some DUI Attorneys in your state will contact you for the consultation process.

There is no doubt that you can use the internet in everything you do. Now you cannot only use it finding some products you want to purchase but also in your search of affordable DUI Attorneys which can help you in your legal problem.

There is no doubt that you can use the internet in everything you do. Now you cannot only use it finding some products you want to purchase but also in your search of affordable DUI Attorneys which can help you in your legal problem.

Fernand Dizon is a professional lawyer who is engaged in writing articles that revolve around the topic of legal issues such as the DWI or DUI cases. You can find most of the topics regarding his written works at this site: http://www.dwiattorney.com

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