DUI Lawyers,,DUI Laws,Penalties

Archive for February, 2009

Chapter 1 DWI Lawyer Bob Keefer: DUI Guilt Myth



                                              CHAPTER 1

FACT VS. FICTION—THE TRUTH ABOUT DUI



Driving Under the Influence (DUI) is one of the most common criminal infractions reported, but it is also one of the most misunderstood. Among the public, and even among many attorneys, the truth about DUI is riddled with myth. The unfortunate result is that many of those who are accused of driving under the influence do not know their rights. And because they do not know their rights, they do not obtain adequate legal representation and they receive unfair and unjust penalties, regardless of whether they are guilty or innocent. Before we look at each phase of the DUI process in detail, let us begin by setting the record straight on some common and damaging misconceptions.



Myth #1: “Most people accused of DUI are guilty.”



This is what we call The DUI Guilt Myth. Many people unconsciously assume that, if a person is arrested, “they must have done something wrong.” This assumption is especially widespread when it comes to DUI. Though it is understandable why someone might feel this way, this is not the way the law works. It is not the way the law should work. Being accused of a DUI is not a conviction. No matter what your situation is, if you have been accused of driving under the influence, you have every right to the fairness, justice and protection that the American legal system guarantees.



Myth #2: “These cases can’t be won.”



Because they hold this mistaken belief, and because they do not know their rights, many people end up pleading guilty to a DUI charge when they should have fought the flimsy evidence against them.



Myth #3: “DUI cases are just like any other criminal case.”



This couldn’t be further from the truth. DUI law is markedly different from many other areas of law. Some even say that there is a DUI exception to the Constitution. Most of the time, a police officer must have “probable cause” before pulling you over. In layman’s terms, the probable cause requirement means that an officer must have some concrete reason to believe that a person is breaking the law. While this is always true if a single officer pulls you over on the road, consider the fact that, with sobriety checkpoints, a police officer needs nothing more than for you to drive through it.



Myth #4: “A DUI is a minor offense.”



DUI laws get tougher every year. Politicians know that they can gain points among their constituents by increasing the penalties and prosecutions of DUI. Over the years, a DUI charge has become more and more serious in most States. This is yet another reason why it is so crucial that individuals understand the process and the rights they are guaranteed.



Myth #5: “Once you have seen one DUI, you have seen them all.”



Every DUI case is different. One of the worst mistakes you can make —and a tragically common one— is to assume that your case is just like any other. It is not. While prosecutors must stick to a set mold to prove their case, a good defense lawyer will know how to break the mold in your favor.



Myth #6: “Any attorney can represent a person accused of DUI.”



This is like saying that it is fine to see podiatrist for high blood pressure. Like medicine, law is an area where it is impossible to know and do everything. There is no way for one person to have all the necessary knowledge and experience. You might know a lawyer who you are sure is competent, decent and trustworthy—all of which are important traits to look for in an attorney—but these qualities cannot substitute for experience in the area of DUI law.

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Throughout the year, the roads you travel on may become wet and slick, especially during the months when rain showers are abundant. Rainy conditions not only affect the road, but also influence your vehicle and impair your vision while driving. The best way to increase safety during rainy road conditions is to make sure your vehicle is rain-ready and your on-the-road habits are up to par.

Car Maintenance

To better prepare your car for travel in the rain, you should have your tires checked on a regular basis. Once they show signs of balding, you should have them replaced. The deeper the tread on tires, the more traction you will have to work with. At least once a year, windshield wipers should be replaced, as poor wipers are unable to properly clear the water off of a windshield and also greatly impairs vision. Before driving in rainy weather, make sure the headlights, taillights, brake lights, and turn signal lights are in working condition. It is also suggested to carry along an emergency kit in the car.

Proper Road Preparation

To lessen the chances of suffering complications on the road, you should allow enough time to get to your intended destination. When you are running late, never attempt to make up lost time by driving faster on the road – instead – call ahead to alert affected parties. Sometimes, roads collect with water during rainy weather and you should prepare to use an alternate route in such cases.

Driving on the Road

It is important to follow proper driving habits when traveling in rainy conditions. For example, one of the main rules regarding driving in the rain is to keep to slower speeds because oil deposits and rain combine on a road to make conditions extremely slippery. Also, the slower you drive, the more traction you will enjoy. Additional rain driving tips include:

1) Be cautious when approaching intersections, which are known to collect higher amounts of oil deposits.

2) Leave extra space between yourself and the driver ahead to give more time to stop if wet weather impedes your driving.

3) When driving, use your headlights, which helps you to see better, as well as alerts oncoming drivers to the presence of your vehicle.

4) When slowing down, take your foot off the accelerator or lightly brake. Drivers should also avoid sudden stops.

5) Driving in the center lanes (where the road is highest) helps avoid water pools that gather along the curb and between lanes.

6) When passing trucks, take special caution because trucks often produce large sprays, which make it more difficult to see the road and surrounding vehicles.

7) Avoid standing water because varying depths of water may cover up damaging objects, such as potholes.