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er 9 DWI Lawyer Bob Keefer: DUI Guilt Myth



                                                                        CHAPTER 9

“I NEED TO CHOOSE A LAWYER–WHAT QUESTIONS SHOULD I ASK?”



So now you have been released. Do not wait. Now is the time to hire a lawyer who can guide you through the complex and ever changing field of DUI law. The process of preparing your case—the investigation, the motions to suppress evidence, the analysis of evidence, and more—needs to get started right away.

It is difficult to pick a lawyer, not only because there are so many out there, but also because—since you are not a lawyer yourself—you do not know what a good one looks like. What is worse is that many consumers fall prey to myths and misconceptions about lawyers and they wind up picking an attorney who is not qualified to meet their needs. Here are a few of the most common myths.



Myth #1: “All lawyers have the same experience and training.”



We already touched on this myth in chapter 1 but it is worth mentioning again. Even if a lawyer has practiced law for decades, even if he or she has a fantastic resume, even if he or she has argued cases before the Supreme Court, there is no substitute for expertise in DUI law and experience defending clients who have been arrested for DUI.



Myth #2: “If a lawyer advertises that he takes DUI cases it is because he has experience in DUI law.”



This myth is similar to the first, but it is different in an important way. You may know how important it is that the attorney has experience in DUI law, but you might assume that, because an attorney takes DUI cases, he or she has the necessary experience. As a consumer, you know that advertising is often misleading. This is no less true when it comes to advertising for lawyers.

Myth #3: “The State Bar determines whether a lawyer can advertise as a DUI lawyer.”

The reality is that there is no requirement that a lawyer must meet before the State Bar permits a lawyer to advertise as a DUI attorney. The only thing is needed is a license to practice law.



Myth #4: “All law firms will take my case to trial.”



As strange as this may seem, many law firms are not committed to taking your case as far as it needs to go reach the best outcome for you.



Myth #5: “All lawyers carry Malpractice Insurance.”



Malpractice Insurance is not required of attorneys. This means if your lawyer does not carry this coverage and he makes a mistake, you may be out of luck. It a lawyer does not carry malpractice insurance, it does not mean that he or she is confident that it will never be necessary. More likely it means that the lawyer cannot afford it.



Myth #6: “Calling a Lawyer Referral service or using internet sites that offer to find you a lawyer service is the way to find a competent lawyer.”



Lawyer Referral Services and internet sites are a nice idea, but they are far from perfect. Many do not adequately screen the attorneys they refer clients to.



Myth #7: “Lawyers who have a big ad in the Yellow Pages or a TV commercial must be successful because they can afford this advertising.”



Just because a lawyer is on TV or has a big two-page yellow page ad does not mean he or she is successful or qualified. All it means is he or she shelled out a lot of money to make people think that. TV stations and yellow page companies do not care if the lawyer is competent; all they care about is that the check clears. Is that the way you want to decide who is going to protect you and your family?

Eventually you will want to speak with a number of attorneys who might represent you. This kind of consultation is usually free. The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions and they will take it as a sign that you have done your homework. Remember that when you are interviewing an attorney, the attorney is also interviewing you to see if he or she wants to take your case. A good lawyer would rather represent a truly prepared client, a client who is committed to getting the best legal representation available.

Here are a few questions you should ask in order to make an informed choice of who will represent you.

• “How many years have you been in practice?”

This will tell you much about the attorney’s potential experience. But, also ask what they have done all those years.

• “How much experience do you have representing persons who are charged with DUI?”

You should leave the attorney’s office confident that you have spoken to someone who has real expertise and experience in DUI law.

• “Do you have real experience handling a case like mine?”

You do not want a lawyer who sees your case as a new experience that he or she would like to try. You want someone with the experience necessary to do the job for you.



• “How many cases have you taken to jury trial?”



Your case might need to go to trial in order to get the outcome you deserve and it is imperative that your attorney have trial experience if it is required.

• “Who in the office will actually be handling the case and what are their qualifications?”

Most attorneys work with a team. The lawyer that you might be speaking with might not actually be the person who does the bulk of the work.

• “Are you covered by a legal malpractice insurance policy?”

There is really no two ways about this. Your attorney should have malpractice insurance. Malpractice insurance is just as much insurance for you as it is for your lawyer.



• “Have you ever been disciplined by the State Bar?”



You do not want a lawyer with a long disciplinary rap sheet and you deserve to know if your lawyer has been disciplined in the past.



• “What are all the potential legal costs, including investigators, experts and the like?”



The lawyer should be honest with you about what your case might cost. You want to be secure that the lawyer is not luring you in with promises of unrealistically low fees and costs.

•”What challenges do you see in my case?”

The lawyer should be able to explain to you what he or she sees as the challenges you face and what they could mean for the ultimate result.

• “How will you keep me informed about my case?”

You must feel comfortable with the attorney’s commitment to communicate with you. You should know if you would really be kept informed of developments in your case.



• “What will be the final outcome of my case?”



A good attorney will not promise you a specific result, because it is always impossible to be certain how a case will turn out. Any other answer is dishonest and unethical. A good attorney can only promise to do his or her best job in defending you.

When you look for a potential defense attorney, tell him or her everything that you think is relevant, and then some. Something that you dismissed as a minor detail might make all the difference in your case. Most importantly, be honest. You have nothing to fear. Except in rare cases, if you are talking to an attorney face to face, even before he or she has decided to take your case, you already enjoy attorney-client privilege. This means that nothing you say could ever be used against you. If you ever have any doubt that your communication with the attorney is “privileged,” you should simply ask.

Now you have decided on a lawyer who has offered to take your case. You have paid good money and you have entrusted the lawyer to help you. Now you need to tell your lawyer everything about your case. Everything. A common complaint among defense lawyers is that they learned a critical fact that they needed to know, not from their client, but from the prosecutor or a witness. Withholding information can only increase your chances of being convicted. But no matter what, having found an experienced attorney to represent you, you should rest assured that you are well prepared for the next phase of the process: the trial.

Phoenix, Arizona – The new Arizona DUI Laws quietly took effect on September 26, 2008. The revised law has been so quiet that it has gone all but unnoticed in the media.

The new law piles on the amount of jail time for a first conviction for extreme DUI. Under the old law, a person convicted of having an alcohol concentration of .150 or greater would be sentenced to at least 30 days in jail. Of the 30 days, all but 10 days in jail could be suspended. This was the sentence that most people would get. No longer.

Now, under the new law, Judges are powerless to suspend any of the 30 day sentence. This means that the minimum jail sentence a person convicted of extreme DUI in Arizona will get is 30 days.

For second offense convictions it gets even worse. Now a judge must put the second offender in jail for 120 consecutive days. The Arizona legislature simply eliminated a judge’s ability to suspend 60 days.

Many believe that the reason for the legislature’s action is that they simply don’t trust judges to do what will make state politicians look good, especially in an election year.

Not only does this mean more people will be doing more time in jail, it also means that the system will be further burdened. In an already crowded criminal court system, DUI lawyers will have to fight more cases to help their clients avoid a jail sentence that can be life-altering to say the least.

Time will tell whether these new Arizona DUI penalties are effective at reducing the numbers of drunk drivers and DUI related accidents. One thing is for certain, it is not good to be charged with DUI in Arizona, especially in an election year.

DUI cases are very common and can on the face of them seem to be very simple. They are often thought to be based just on either a breath or blood test. However there are actually many components to a DUI case.

The most important thing for the strength of your case will be the outcome of a breathalyzer test. These tests may not be the most accurate things on the planet; however they do generally stand up in court. If you are pulled over on suspicion of DUI then you should not allow a breathalyzer test straight away. It is very important that you talk to your DUI attorney so you can get the help you really need.

Other important factors of any DUI case include blood tests for alcohol and sobriety tests. You should always avoid these tests if you are stopped on suspicion. These give the police more evidence and do not really give you an opportunity to clear yourself. There are actually a number of reasons why many people fail sobriety tests even if they are in fact sober, they may have a disability or other illness. It’s a good idea to allow a blood test when requested as this isn’t completely accurate and a very good DUI lawyer should be able to look for mistakes.

These test results will often dictate the outcome of your case, however it’s not all based on this. If you do refuse to have a breath test you still need to be polite. If you start getting annoyed or irate then this will give the officer reason to arrest you. You must keep yourself calm and refuse to answer questions until your DUI attorney is there. Evidence against you will be collected as soon as you are pulled over; you just need to make sure their case against you is weak. The officer won’t just be listening to the answers of the questions, but they are also interested in your behavior.

Your actions are just as important as your conduct. While you are supposedly driving under the influence, the officer will also be interested in the state of your driving. If you committed any traffic violations or hit anything then this will be used to build a case against you. These factors will give the police a reason to pull you over and also make it more likely you will be charged with a DUI offence. These will also give a probable cause for the officer to pull you over which will make it harder for your DUI attorney to claim that they had no reason to pull you over in the first place.

The last thing which will affect the quality of your DUI case will be the judge you get assigned, and also your DUI lawyer. Some lawyers will be much fiercer about drunk driving than others. A reliable DUI attorney will be able to fight against the state’s case; these are professionals and know the best techniques to get you off. There are lots of different rules which need to be followed to the letter, if any of these are broken then the evidence will be inadmissible in court. By knowing your legal rights and getting reliable legal representation you stand a much better chance of getting off your DUI charge.

DUI laws seem to be constantly changing. At any given point, multiple state legislatures may be debating new laws that change how drunk driving is charged, how evidence is collected and what penalties are handed down for convictions.

Consider, in the first three months of 2009:

Two states passed new DUI laws (Utah and New Mexico) New DUI laws went into effect in two other states (Illinois and South Caroilna) Eight states are currently debating changes to their existing DUI laws (Oregon, Rhode Island, Kentucky, Kansas, Wyoming, Louisiana, Maryland, West Virginia)

With drunk driving laws changing so rapidly in so many states, what can you expect if you get pulled over?

During your traffic stop

A police officer must have “probable cause” in order to pull you over on suspicion of drunk driving. Reasons for a traffic stop may include:

Erratic driving, such as swerving in and out of lanes Failure to stop at a stop sign or red light Illegal turn Driving with headlights off Stopping in the road for no reason

Once you have been pulled over, a police officer may ask you to perform field sobriety tests (such as the one-leg stand test). The officer may also ask you to submit to a breath test. Using a small machine, such as a breathalyzer, you breath into a tube and the machine uses the breath sample to gauge blood alcohol content, or BAC.

Some of the new DUI laws being considered are making it easier for police officers to get the search warrants needed for a blood sample, used to determine blood alcohol content. Some states are also increasing the penalties for anyone who refuses a breath test.

DUI Penalties

The penalties for drunk driving vary widely from state-to-state. In general, drunk driving sentences for first-time offenders will include:

Jail time Fines Driver’s license suspension

Some states DUI punishments may also include:

Ignition interlock device use Community service Alcohol rehabilitation program Vehicle seizure

The penalties for a DUI conviction increase, sometimes dramatically, for multiple DUI arrests. There may also be additional penalties for anyone that refuses a breathalyzer during a DUI traffic stop and is later convicted.

Most of the new state DUI laws increase the punishments for DUI convictions, whether it’s a first-offender or someone with a history of drunk driving.

The most common changes include increasing fines and jail time, but the use of ignition interlock devices is also on the rise.

Ignition interlock devices must be rented, installed and monitored at the driver’s expense. Once installed, the devices require the driver of the car to pass a breath test or the car will not stop. Typically, the driver must also pass additional tests while driving.

The devices also have built-in features, such as digital cameras, to prevent tricking the machine or altering test results.

If you are ever pulled over and arrested under suspicion of DUI then it’s important that you get yourself a reliable DUI lawyer. Choosing the very best DUI attorney will help to fight against your case. A conviction of DUI doesn’t just cost you money, but it also puts stress on your relationships, and also damages your commitments. It’s essential that you find yourself a reliable DUI attorney because they will be able to make sure your case goes as smoothly as possible.

It can of course be very difficult to choose legal representation which will be able to fight against your case, this is especially true if you’ve never actually had need for an attorney before. This will take much more effort than simply choosing a firm out of random from the phone book. You need to choose a law firm which has enough experience. You may find this easier by contacting your local state bar association, however be aware that you will not be able to get reviews from other clients because of confidentiality.

There are lawyers who specialize in all sorts of cases, it’s important that you choose one with specialist knowledge in DUI cases. These will know everything about the law and be able to fight your case as strongly as possible. The right DUI attorney will even be able to argue against breathalyzer or blood alcohol tests. The DUI laws change depending on the state and that’s why it’s important to choose a lawyer from the state where you were arrested. When choosing representation it’s a good idea to ask about their experience.

Don’t focus too much on experience as it’s also very important to choose a lawyer who will be able to put you at ease. Most DUI lawyers will offer the first consultation for free, and this will give you a chance to get to know them and find out what they will do. Choose a DUI attorney who makes you feel comfortable and that you trust.

Any good attorney should be asking lots of questions about the situation, including your background. These factors can dramatically change your case. If you have a job which would be affected by a criminal conviction then you might avoid plea-bargaining. You must answer all of these questions honestly, remember that the DUI lawyer is working for you and needs to know the truth to find the best way to get you off. Before the attorney can prepare the best plan for you they first need to know everything about your circumstances. The mere threat of criminal charges is very stressful for anyone and that’s why your DUI lawyer should help you to deal with this problem. Good legal representation will be able to defend you and have plenty of experience.

Lawyers don’t come cheap, so don’t forget about the costs that you will have to pay. You need to make sure you know exactly how much they will cost before you choose one. These costs can vary depending on different attorneys. By choosing carefully you should be able to get the best value for money. Court costs and all other associated costs are expensive and so you will no doubt be looking for affordable DUI legal representation.

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.

www.BobKeeferLaw.com

 

 

er 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

When a defendant or his attorney files a motion to suppress evidence he is asking the judge to rule that evidence is inadmissible because it has been obtained illegally. If evidence is inadmissible then it cannot come in at a Defendant’s trial. If incriminating evidence is kept out of a defendant’s trial, then the prosecution’s case may be seriously weakened or destroyed.

There are a number of reasons why evidence may be illegally obtained and therefore inadmissible. A good DUI lawyer in San Diego will review your case to determine whether the possible reasons for evidence to be inadmissible are present in your case. For example, if a police officer arrests a defendant but does not read the defendant his Miranda rights then any statements made by the defendant after his arrest and before the reading of his Miranda rights may be inadmissible.

In DUI criminal cases in San Diego the most damaging pieces of evidence are usually the results of breath or blood tests as well as a defendant’s performance on field sobriety tests. So, excluding a defendant’s post-arrest statements isn’t usually going to seriously weaken the prosecution’s case.

Another reason why excluding post-arrest statements may not put a big dent in the prosecutions case is that appellate courts have ruled that the initial contact between a police officer and a driver subjected to a DUI stop is not an arrest. Defendants generally make their most damaging statements early on in their contact with the police; for example, telling an officer how much they had to drink.

Because defendant’s generally make the most damaging statements early on, during the ‘investigation’ rather than the ‘arrest’ phase of the DUI stop, and because the most damaging evidence is usually the blood or breath tests, not the defendants’ statements, excluding evidence based on a failure to advise a defendant of his Miranda rights is rarely the key to winning a DUI case in San Diego.

But there is still good reason to file a motion to suppress in the right case; a motion to suppress in a DUI case can be a useful tool when a defendant argues that he was stopped or arrested illegally, as opposed to arguing that he made post-arrest statements without a Miranda warning. For example, if a police officer observes that an eventual defendant’s car wheels touch a lane line and observes no other irregularities in the defendant’s driving, then the police officer might not have a legal basis to stop the defendant. If the officer nonetheless stops the defendant, and the officer’s investigation leads the officer to suspect that the defendant is driving under the influence, then the defendant may argue to the judge that the initial stop was illegal.

If the defendant or his attorney can persuade the judge that the initial stop was illegal, then the judge might rule that all evidence obtained after the illegal stop – i.e., the result of a Blood Test, Breath Test or a Field Sobriety Test – is inadmissible in trial.

A motion to suppress can also be valuable because it offers an opportunity to a DUI lawyer to cross-examine a police officer in court in order to find out what the officer’s testimony will be at trial.

Another motion that may be filed is called a Pitchess motion. If a defendant wins a Pitchess motion then the judge will order the Police Department to give the defendant or his lawyer the contact information for other citizens who have filed complaints against the defendant’s arresting officers for dishonesty or use of excessive force. As discussed above, the case may arise where an officer writes in his police report that a defendant swerved across a lane line, and the defendant knows that his wheels just touched the lane line. In that kind of case it might be useful for a defendant to file a Pitchess motion in order to locate witnesses who might call the police officer’s credibility into question by testifying that the police officer has been dishonest in other cases.

To cause the court to hear a motion to suppress, a DUI attorney prepares a legal document that includes argument to persuade the judge to decide the motion in the defendant’s favor, and makes four copies of the document. The attorney goes to the San Diego courthouse to provide the documents to a court clerk, and asks the clerk to set a date when the motion may be heard in court, in front of a judge. The clerk keeps two copies for the court, and returns two copies to the attorney with the court’s official stamp. The attorney then takes the two stamped copies to the office of the prosecutor (the San Diego City Attorney or the San Diego District Attorney). The prosecutor’s office keeps one copy, and provides the attorney with a stamped copy. The attorney then has a copy of the motion with confirmation from the court that the motion has been filed and a date has been set, as well as confirmation from the prosecutor’s office that he has provided the prosecutor with a copy of the motion.

Welcome to ExpertLawFirm.com! We are a specialized firm of experienced Orange County DUI lawyers who are expert in handling DUI defense and drunk driving cases, including DMV matters, felony and misdemeanor criminal defense. We serve all of Southern California with offices in Orange County, Los Angeles and Riverside County.

DUI lawyers offer everything you need to know if you are arrested here for DUI. If you have been charged with drug or alcohol related crime in Orange County, it is important that you retain the services of a qualified lawyer who will invest time and dedication into you and your case. You need to consult a good criminal lawyer who knows the courts in Los Angeles, Orange County, Riverside, San Bernardino and San Diego counties well. At Expert Law firm, we are committed to our clients and we fight to protect their best interests. We have successfully represented numerous clients who have been charged with DUI (driving under the influence of alcohol) in Orange County, Irvine and surrounding areas, and we are extremely familiar with Orange County’s legal and criminal processes.

We understands that people who are accused of a crime are worried about losing their license or driving privilege in drunk driving and DUI cases or their employment. Our attorneys are also able to handle personal injury and auto accident cases. Our firm offers professionalism in every matter and we present every defense, every strategy of evidence in your favor to fight your case.

We also handle criminal cases involving violent crimes, white-collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Our primary goal is to make sure that you receive the best possible case outcome in court. We take our responsibility very seriously and we are available to help you 24 hours a day.

If you are interested to know more about Orange County DUI Lawyers, please search our site for more in-depth information and resources.

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California DUI/DWI Facts and Statistics

Drunk driving or driving under the influence (DUI) is the act of driving a motor vehicle under the influence of alcohol or while in an inebriated condition. It is a common problem in the United States and the rest of the world. DUI is responsible for 41 percent of total traffic deaths.

Alcohol tends to get absorbed into the bloodstream and is carried to the brain immediately upon consumption. Laws in the US in relation to DUI have become extremely strict. In the state of California alone there are approximately 200,000 arrests for DUI every year. The law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.

Based on California law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above a .08% Blood Alcohol Content.

California Highway Patrol records, 1998 states that in 1997, a total of 31,189 people were injured in alcohol-related traffic accidents in California. This comes down to approximately 86 people per day. Injuries caused in such accidents comprise of roughly 10.94% of the total 284,871 traffic injuries in California. It also states that in 1997, a total of 1,100 people were killed in alcohol-related accidents in California – this equates to 3 people per day. These deaths roughly represent almost 29.96% of the total 3,671 traffic fatalities in California.

Strict and stringent laws have been enacted to deal with offenders caught while DUI. Jail sentences range from 2 days to 120 days depending on the intensity of the offence. Similarly DUI schooling may also be recommended. This may range from 15 weeks to 18 months. Sale of the vehicle or impounding may also take place with the proceeds going towards charity.

Statistics have proved that since the enactment of the 0.08% blood alcohol count, the DUI arrests have decreased by an assenting rate of 45%. The number of deaths and injuries has also shown a 50% decrease. This is a positive indication, which proves that to an extent, the imposition of fines and punishments has shown affirmative results.

Alcohol offenses are serious crimes, which carry major consequences if convicted. An alcohol related crime can be one of many subcategories including, DUI, DWI, underage drinking, public drunken behavior and the illegal distribution, production and sale of liquor.

If you have been charged with any of these crimes, 1000Attorneys.com can help you find a pre-screened lawyer who specializes DUI charges in California. All Attorneys are insured and monitored by a process approved by the California Bar Association and the Supreme Court.

Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver’s license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing.

The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license.

A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.