DUI and Drunk Driving Defense in Carpentersville
The DUI laws of the state of Illinois are constantly changing and involve many technical issues. Understanding precisely how officers make DUI arrests, the process they must follow and how evidence can be collected can play an important role in determining the difference between heavy fines, a suspended license or jail time, and having charges reduced or thrown out.
At the DUI defense law office of Peter Buh I make it a priority to stay current on the developments in DUI laws. I explore every option when representing people in a DUI case, including thoroughly examining police officer conduct, seeking diversionary programs and arguing issues in court.
A DUI Attorney Who Will Work With You
Over the more than 17 in the criminal justice system, I have represented vacationers to the Chicago-land area, first time DUI offenders, individuals who have been previously convicted of a DUI, juveniles and clients accused of driving under the influence of prescription medication or narcotics.
I explore every option for you, including:
Examining the validity of the stop
Questioning whether the officer established impairment
Reviewing evidence and paperwork closely
Seeking diversionary programs for treatment or education
Reviewing videos of the traffic stop and arrest
Negotiating for reduced charges with the prosecution
When you have been charged with a DUI, you may face automatic license suspension, and for visitors to our state, that can translate into suspension of your license in your home state. I work with clients in both the administrative and criminal phases of a DUI case, and work hard to reduce penalties and restore your driving privileges.
More Than 18 years of Experience
I have been handling criminal cases in Illinois for more than 18 years, and that kind of experience provides insight into how to be effective for my clients. For Carpentersville DUI defense, contact my office and schedule your free initial consultation. I am your Carpentersville DUI Attorney.
Thursday, December 30, 2010
Tuesday, December 7, 2010
Winnebago County DUI Attorney
To successfully handle DUI charges, communication is an essential skill. A DUI Attorney must be able to communicate with all audiences, from the prosecutor who may be considering dismissing the case or offering a plea bargain, to the jury who might be reaching a not guilty verdict. Effective communication allows your attorney to protect your interests, ensuring that your strongest arguments and defenses are heard and understood by all relevant parties, whether they are the prosecutors, or the judge or jury.
Recognizing the importance of communication, Your Winnebago County DUI Attorney has made this one of the central focal points of our practice. In addition to communicating well with judges, juries and other attorneys, we strive to communicate well with each and every one of our clients. Throughout your representation, we will take the time to answer all your questions and ensure that you understand the steps in the DUI process. Your calls will be answered or returned without delay. For further information visit DUI Blog.
Recognizing the importance of communication, Your Winnebago County DUI Attorney has made this one of the central focal points of our practice. In addition to communicating well with judges, juries and other attorneys, we strive to communicate well with each and every one of our clients. Throughout your representation, we will take the time to answer all your questions and ensure that you understand the steps in the DUI process. Your calls will be answered or returned without delay. For further information visit DUI Blog.
Saturday, November 27, 2010
New DUI Website
A new DUI website was created by the Law Offices of Peter Buh. Please visit DUI Lawyer to view this site.
Wednesday, November 24, 2010
Woodridge DUI Attorney
How We Challenge DUI Charges
When you face a DUI charge, it is important to have a Woodridge DUI Attorney who understands both the consequences for your future and how to challenge the charges in court. At The Law Offices of Peter Buh, he will fight to preserve your future and your freedom.
Former Prosecutor Who Knows How to Fight DUI Charges
Peter Buh is a former prosecutor who understands how the police work when developing a DUI charge. We know where to look to identify weaknesses in the prosecution's case. In short, we make the prosecution work hard to prove its case, rather than offering an immediate guilty plea on behalf of our client.
Free Consultation • Major Credit Cards
Although the facts of each case are different, DUI Attorney Peter Buh has found that certain defense strategies are often successful:
• We make sure that the police had reason for the drunk driving stop. We may employ investigators to identify road and weather conditions that may have affected our client's driving.
• We make sure that the arrest was justified and that the officer had legitimate reasons to administer field sobriety tests or portable breath tests.
• We make sure that the blood draw was properly performed at the police station, that the blood was labeled and stored according to established protocols and that the results of the blood analysis were correctly interpreted.
• We look at the sequence of events. For example, if a driver was involved in an accident near his or her home, called the police and went inside the house to get a beer while waiting for the police, he or she would probably register a blood alcohol level that could lead to an arrest and charge.
We make sure that issues such as these are brought forward when defending a client against a DUI charge.
Contact our office today to learn how DuPage County DUI Attorney Peter Buh challenges DUI charges in court. We accept major credit cards. If you were arrested for a DUI in Wheaton or Naperville, Illinois, contact your Wheaton DUI Attorney or your Naperville DUI Attorney.
When you face a DUI charge, it is important to have a Woodridge DUI Attorney who understands both the consequences for your future and how to challenge the charges in court. At The Law Offices of Peter Buh, he will fight to preserve your future and your freedom.
Former Prosecutor Who Knows How to Fight DUI Charges
Peter Buh is a former prosecutor who understands how the police work when developing a DUI charge. We know where to look to identify weaknesses in the prosecution's case. In short, we make the prosecution work hard to prove its case, rather than offering an immediate guilty plea on behalf of our client.
Free Consultation • Major Credit Cards
Although the facts of each case are different, DUI Attorney Peter Buh has found that certain defense strategies are often successful:
• We make sure that the police had reason for the drunk driving stop. We may employ investigators to identify road and weather conditions that may have affected our client's driving.
• We make sure that the arrest was justified and that the officer had legitimate reasons to administer field sobriety tests or portable breath tests.
• We make sure that the blood draw was properly performed at the police station, that the blood was labeled and stored according to established protocols and that the results of the blood analysis were correctly interpreted.
• We look at the sequence of events. For example, if a driver was involved in an accident near his or her home, called the police and went inside the house to get a beer while waiting for the police, he or she would probably register a blood alcohol level that could lead to an arrest and charge.
We make sure that issues such as these are brought forward when defending a client against a DUI charge.
Contact our office today to learn how DuPage County DUI Attorney Peter Buh challenges DUI charges in court. We accept major credit cards. If you were arrested for a DUI in Wheaton or Naperville, Illinois, contact your Wheaton DUI Attorney or your Naperville DUI Attorney.
Thursday, November 18, 2010
Why you need your Local Winnebago County DUI Attorney
Winnebago County Drunk Driving Defense Lawyers • Driver's License Suspension Attorneys
If you have been charged with DUI in Winnebago County, you will be facing some of the most aggressive prosecution strategies in Illinois. The police officers and Assistant State's Attorneys will attempt to get you to accept a guilty plea. Make no mistake, even the most generous plea arrangement, such as supervision, is still a conviction on your record until you have successfully completed the supervision period. Don't agree to anything without an experienced DUI defense Attorney advising you.
Your Local Winnebago County DUI Attorney has the experience to help protect you from the harsh penalties of DUI conviction. Your DUI Attorney has been involved in hundreds of DUI cases. We put our insight and knowledge of the system to your benefit by finding insightful strategies that give you every available advantage. From challenging the probable cause for the arrest to attacking the field sobriety test and breath or blood test results, your local attorney uses every possible defense strategy, leaving no prosecutor's tactics unchallenged.
Your Local Winnebago County DUI Attorney will provide aggressive representation that includes:
• Free initial consultation to provide an honest evaluation of your case;
• In-depth investigation and gathering of police reports and records for evidence;
• Thorough case preparation that anticipate strategies employed by the prosecutor;
• Representation at all legal hearings;
• Insightful, aggressive negotiations with the prosecutor to dismiss or reduce charges;
• Ongoing, responsive communications throughout your case;
Don't wait to find out what happens next. Having an experienced DUI Lawyer protecting your rights as soon as possible is your best advantage in a any DUI charge. Contact your Local Winnebago County DUI Attorney.
If you have been charged with DUI in Winnebago County, you will be facing some of the most aggressive prosecution strategies in Illinois. The police officers and Assistant State's Attorneys will attempt to get you to accept a guilty plea. Make no mistake, even the most generous plea arrangement, such as supervision, is still a conviction on your record until you have successfully completed the supervision period. Don't agree to anything without an experienced DUI defense Attorney advising you.
Your Local Winnebago County DUI Attorney has the experience to help protect you from the harsh penalties of DUI conviction. Your DUI Attorney has been involved in hundreds of DUI cases. We put our insight and knowledge of the system to your benefit by finding insightful strategies that give you every available advantage. From challenging the probable cause for the arrest to attacking the field sobriety test and breath or blood test results, your local attorney uses every possible defense strategy, leaving no prosecutor's tactics unchallenged.
Your Local Winnebago County DUI Attorney will provide aggressive representation that includes:
• Free initial consultation to provide an honest evaluation of your case;
• In-depth investigation and gathering of police reports and records for evidence;
• Thorough case preparation that anticipate strategies employed by the prosecutor;
• Representation at all legal hearings;
• Insightful, aggressive negotiations with the prosecutor to dismiss or reduce charges;
• Ongoing, responsive communications throughout your case;
Don't wait to find out what happens next. Having an experienced DUI Lawyer protecting your rights as soon as possible is your best advantage in a any DUI charge. Contact your Local Winnebago County DUI Attorney.
Tuesday, November 9, 2010
Oswego DUI Attorney
A momentary lapse in judgment can result in life-altering consequences. In Illinois, a drunk-driving conviction, called driving under the influence (DUI), can have serious repercussions. The best way to avoid these consequences is to avoid the conviction for a DUI. If you have been accused of drunk driving, come to the Oswego DUI Law Firm of Peter Buh for your DUI defense representation. In preparing your DUI defense, we will leave no stone unturned. Contact us at 630-925-7188 to schedule a free confidential consultation about your DUI defense.
A DUI Conviction in Illinois Will Have Sobering Consequences
Even a single DUI conviction will have serious consequences. As a first-time offender, you may lose your driving privileges, be required to pay expensive court fees and fines, may receive significant increases in your insurance rates and be required to undergo an alcohol assessment and treatment program. You may also be required to perform community service and be placed on probation. In addition, you will be required to attend the Victim-Impact Panel.
With multiple DUI convictions in Illinois, the consequences of these convictions are life-altering. If you are convicted of a second or third DUI, you may be required to spend time in jail. Your license will be revoked. Either of these situations usually have important collateral consequences. If you are unable to drive, there is a strong chance you will lose your ability to get to work and consequently, you may lose your job. Again, the best way to avoid these consequences is to avoid the conviction. At this time in your life, you need an experienced attorney who is not afraid to take any case to trial. Peter Buh is that attorney. For further information, contact your Oswego DUI Attorney or your Kendall County DUI Attorney.
A DUI Conviction in Illinois Will Have Sobering Consequences
Even a single DUI conviction will have serious consequences. As a first-time offender, you may lose your driving privileges, be required to pay expensive court fees and fines, may receive significant increases in your insurance rates and be required to undergo an alcohol assessment and treatment program. You may also be required to perform community service and be placed on probation. In addition, you will be required to attend the Victim-Impact Panel.
With multiple DUI convictions in Illinois, the consequences of these convictions are life-altering. If you are convicted of a second or third DUI, you may be required to spend time in jail. Your license will be revoked. Either of these situations usually have important collateral consequences. If you are unable to drive, there is a strong chance you will lose your ability to get to work and consequently, you may lose your job. Again, the best way to avoid these consequences is to avoid the conviction. At this time in your life, you need an experienced attorney who is not afraid to take any case to trial. Peter Buh is that attorney. For further information, contact your Oswego DUI Attorney or your Kendall County DUI Attorney.
Wednesday, October 20, 2010
Saluda County DUI Attorney and the DUI Arrest
When a driver is stopped in South Carolina by a police officer, he will begin looking for signs that the driver is under the influence. These signs and symptoms can include slurred speech, smell of alcohol on the driver's breath or clothes, field sobriety tests or the results of a portable breath test. In South Carolina officers may videotape the stop, sobriety testing, and arrest of drivers and often have recording devices which can record conversations between the officer and the driver. If the police officer believes that there's probable cause to think the driver is under the influence, the officer may arrest him or her. When someone is charged with a crime in South Carolina, the police officers who arrest him or her are required to inform him or her of the charges against him or her and bring the defendant before a judge or magistrate. Typically, this must be done within 48 hours of the arrest, but there can be exceptions. Unlike most states, in South Carolina, the police may not choose to release defendants who are charged with misdemeanor offenses or infractions with a citation. Instead, if the officer who stops a driver believes the driver has committed a DUI, the officer will arrest the driver and bring him or her before a judge or magistrate. For further information, contact your Saluda County DUI Attorney or your Orangeburg County DUI Attorney.
Beaufort County DUI Attorney
According to the S.C. Department of Public Safety, 18 people have been killed so far this year in accidents across Beaufort County. This year's death toll is the highest in Beaufort County in over four years. The 18 deaths are a considerable jump from 2009 when crashes killed 8 people, according to Public Safety Department statistics. The statistics are compiled from Highway Patrol and news reports across the state according to the Public Safety Department spokesman. For further information, contact your Beaufort County DUI Attorney.
Tuesday, October 12, 2010
Greenwood County DUI Attorney for City Councilwoman
Greenwood city councilwoman Nikki Hutto has been charged with driving under the influence. The South Carolina Highway Patrol said Hutto had an open bottle of wine in her car when she was pulled over Sunday.
According to the State Police, Hutto was pulled over at the intersection of Main Street and Maxwell Avenue in Greenwood County for a minor traffic violation. The Highway Patrol said the trooper found an open container of wine in the car, which resulted in a DUI charge. For further information, contact your Greenwood County DUI Attorney or your Laurens County DUI Attorney.
According to the State Police, Hutto was pulled over at the intersection of Main Street and Maxwell Avenue in Greenwood County for a minor traffic violation. The Highway Patrol said the trooper found an open container of wine in the car, which resulted in a DUI charge. For further information, contact your Greenwood County DUI Attorney or your Laurens County DUI Attorney.
Darlington County DUI Attorneys will be needed for New DUI Arrests
Darlington County DUI Attorneys will be in high demand since the Hartsville Police Department recently received news that it will get grant to fund a driving under the influence enforcement team. Hartsville Police Chief Tim Kemp said the department applied for the grant online while searching through grant databases. It is provided by the S.C. Department of Public Safety and will amount to $87,003.
The grant money will help establish a new DUI enforcement unit, consisting of one new officer, a vehicle and other items needed for DUI arrests. He said although the city faces different issues, those concerning traffic take up a lot of officers’ time, especially DUI cases. For further information, contact your Darlington County DUI Attorney or your Colleton County DUI Attorney.
The grant money will help establish a new DUI enforcement unit, consisting of one new officer, a vehicle and other items needed for DUI arrests. He said although the city faces different issues, those concerning traffic take up a lot of officers’ time, especially DUI cases. For further information, contact your Darlington County DUI Attorney or your Colleton County DUI Attorney.
Kendall County DUI Attorney and the Jury Process
You have been unable to obtain a disposition to your DUI case that you can accept, what alternatives are there? You have three options. The first option is to open plead (blind plea) the case before a judge. The second alternative is to waive a jury trial and have the judge be the trier of fact. The last option is to have a jury trial. What will occur in court when you request a jury trial?
On the day of your trial, the circuit clerk's office will summon 40 to 50 people for jury duty. The potential jurors will arrive and watch a short movie concerning the court system and the jury process. After the movie, the jurors will be brought to your courtroom. The judge will introduce the prosecutor, your attorney, you and the courtroom personnel to the jury. The clerk will randomly call jurors to the jury box. For Further informtion, contact your Kendall County DUI Attorney.
On the day of your trial, the circuit clerk's office will summon 40 to 50 people for jury duty. The potential jurors will arrive and watch a short movie concerning the court system and the jury process. After the movie, the jurors will be brought to your courtroom. The judge will introduce the prosecutor, your attorney, you and the courtroom personnel to the jury. The clerk will randomly call jurors to the jury box. For Further informtion, contact your Kendall County DUI Attorney.
Boone County DUI Attorney and Double Jeopardy
Illinois DUI will also be labeled DUI, drunk driving, or driving under the influence. DUI arrests in IL results in 2 separate individual cases: the criminal case, which the consequence might include jail, fines, a suspended driver's license, required alcohol instruction courses, and more. A DUI arrest will also trigger an administrative driver's license suspension that can only be challenged with a timely request for a hearing. This is just one of the reasons it is so crucial to get in touch with a DUI attorney immediately.
While this may appear as if there is double-punishment for one offense (a violation of the Double Jeopardy clause of the Constitution), the IL Supreme Court decided that a summary suspension of a driver's license is not considered punishment under the criminal law and as a result does not offend the double jeopardy clauses of the Illinois or U.S. Constitutions. For further information, contact your Illinois Boone County DUI Attorney or visit the DUI Blog.
While this may appear as if there is double-punishment for one offense (a violation of the Double Jeopardy clause of the Constitution), the IL Supreme Court decided that a summary suspension of a driver's license is not considered punishment under the criminal law and as a result does not offend the double jeopardy clauses of the Illinois or U.S. Constitutions. For further information, contact your Illinois Boone County DUI Attorney or visit the DUI Blog.
Elgin DUI Attorney
A driver who was arrested for a DUI is eligible may be eligible for monitoring driving device permit (MDDP) if they are considered a first offender. The defendant's attorney will complete the appropriate paperwork to apply for the MDDP. To obtain the permit, the State of Illinois requires that a Breath Alcohol Interlock Ignition Device (BAIID) be installed on their vehicles. The costs can range from $1000 for a 6 month suspension to $2000 for a 1 year suspension. For further information, contact your Elgin DUI Attorney or visit a video regarding your Elgin DUI Attorney
Thursday, September 23, 2010
Sangamon County DUI Attorney and the BAIID
A DUI offender may decline the court’s offer to petition for an MDDP and instead choose to restrain from driving during the suspension period. However, an offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period, is guilty of a Class 4 felony. Additionally, an offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty
of a Class 4 felony. Penalties include possible imprisonment of 1-3 years, a minimum of 30 days in jail or 300 hours of community service, and fines of up to $25,000. For further information, contact your Sangamon County DUI Attorney or your Sangamon County DUI Lawyer. You can review a video regarding Attorney Monroe McWard's experience as a Sangamon County DUI Attorney.
of a Class 4 felony. Penalties include possible imprisonment of 1-3 years, a minimum of 30 days in jail or 300 hours of community service, and fines of up to $25,000. For further information, contact your Sangamon County DUI Attorney or your Sangamon County DUI Lawyer. You can review a video regarding Attorney Monroe McWard's experience as a Sangamon County DUI Attorney.
Wednesday, September 22, 2010
Illinois Warren County DUI Attorney and Breathalyzers
Law Enforcement officials are generally pleased if a driver under arrest for DUI accepts the invitation to take the breath test. Why? Because it offers them evidence on a scientific scale that they believe outweighs the observational evidence which led to the DUI arrest in the first place.
There are several scientific principles at work in an intoximeter or breath reading machine. First, no sample is any good if the manufacturer’s guidelines are not strictly followed. In fact, most machines out there today are in operation outside of the manufacturers’ limited warranty.
A local DUI Attorney can help explain the nuances of the machine, but one of the easiest ways to relate to it is knowing that it is a computer. Everyone who has used a computer has witnessed the computer fail or lock up. Computers aren’t perfect and neither are Breathalyzers. For further information, contact your Warren County DUI Attorney.
There are several scientific principles at work in an intoximeter or breath reading machine. First, no sample is any good if the manufacturer’s guidelines are not strictly followed. In fact, most machines out there today are in operation outside of the manufacturers’ limited warranty.
A local DUI Attorney can help explain the nuances of the machine, but one of the easiest ways to relate to it is knowing that it is a computer. Everyone who has used a computer has witnessed the computer fail or lock up. Computers aren’t perfect and neither are Breathalyzers. For further information, contact your Warren County DUI Attorney.
Thursday, July 1, 2010
New DUI law starts in 4 California Counties
Convicted drunken drivers in four California counties will have to prove they haven't had a drink before they can start their vehicles, under one of several laws taking effect Thursday. The law requires first-time and repeat offenders to install ignition interlock devices in their vehicles. If the device detects alcohol on the driver's breath, the vehicle will not start.
The law can "save hundreds of lives here," said Assemblyman Mike Feuer, D-Los Angeles. "This is a piece of legislation that will really matter at the community level."
The law starts on an experimental basis in four counties—Alameda, Los Angeles, Sacramento and Tulare. The experiment phase will last five years, after which lawmakers can consider expanding the program statewide.
J.T. Griffin, vice president of public policy for Mothers Against Drunk Driving, said he hopes the program will be expanded and serve as a model beyond the 13 states that already require offenders to use interlock devices.
The device consists of a breathing tube, a device that measures alcohol content and a connection to the ignition system. Drivers must blow into the tube before starting the vehicle and periodically must stop to retake the test while they are traveling. The device keeps track of failed tests. Most offenders will be required to pay about $125 to install and $60 monthly to maintain the device, although there is a program for low-income convicts, said Mike Marando, a spokesman for the California Department of Motor Vehicles. The DMV also will collect a one-time $45 administration fee. First-time offenders will be required to have the devices installed for five months. A second DUI extends the requirement to 12 months, a third offense to 24 months and a fourth conviction to 36 months. The time periods double if the offense results in an injury.
There is no limit in California on the number of DUI convictions drivers can have before losing their licenses, according to the DMV. Marando cited a study by the International Council on Alcohol, Drugs and Traffic Safety, which found a 40 percent to 95 percent reduction in the rate of repeat drunken driving offenses while the devices were installed. Violations increased once they were removed.
Joshua Dale, executive director of the California DUI Lawyers Association, said the state would get better results by targeting young or repeat offenders rather than imposing a blanket burden on all DUI offenders. Many first-time offenders learn their lesson and never drive drunk again, he said.
Dale said many drivers will be unable to afford the devices, on top of the typical $2,500 they pay in fines and court fees.
Griffin, who works at MADD's office in Washington, D.C., said requiring the devices is less onerous than prohibiting offenders from driving.
"The interlock device lets them go to work, go to school, go anywhere they want to go. It just requires them to go sober," he said.
The interlock law is among several taking effect July 1, the first day of the state's new fiscal year. For further information, contact your Local Alameda County DUI Attorney.
http://www.mercurynews.com/breaking-news/ci_15413272?nclick_check=1
The law can "save hundreds of lives here," said Assemblyman Mike Feuer, D-Los Angeles. "This is a piece of legislation that will really matter at the community level."
The law starts on an experimental basis in four counties—Alameda, Los Angeles, Sacramento and Tulare. The experiment phase will last five years, after which lawmakers can consider expanding the program statewide.
J.T. Griffin, vice president of public policy for Mothers Against Drunk Driving, said he hopes the program will be expanded and serve as a model beyond the 13 states that already require offenders to use interlock devices.
The device consists of a breathing tube, a device that measures alcohol content and a connection to the ignition system. Drivers must blow into the tube before starting the vehicle and periodically must stop to retake the test while they are traveling. The device keeps track of failed tests. Most offenders will be required to pay about $125 to install and $60 monthly to maintain the device, although there is a program for low-income convicts, said Mike Marando, a spokesman for the California Department of Motor Vehicles. The DMV also will collect a one-time $45 administration fee. First-time offenders will be required to have the devices installed for five months. A second DUI extends the requirement to 12 months, a third offense to 24 months and a fourth conviction to 36 months. The time periods double if the offense results in an injury.
There is no limit in California on the number of DUI convictions drivers can have before losing their licenses, according to the DMV. Marando cited a study by the International Council on Alcohol, Drugs and Traffic Safety, which found a 40 percent to 95 percent reduction in the rate of repeat drunken driving offenses while the devices were installed. Violations increased once they were removed.
Joshua Dale, executive director of the California DUI Lawyers Association, said the state would get better results by targeting young or repeat offenders rather than imposing a blanket burden on all DUI offenders. Many first-time offenders learn their lesson and never drive drunk again, he said.
Dale said many drivers will be unable to afford the devices, on top of the typical $2,500 they pay in fines and court fees.
Griffin, who works at MADD's office in Washington, D.C., said requiring the devices is less onerous than prohibiting offenders from driving.
"The interlock device lets them go to work, go to school, go anywhere they want to go. It just requires them to go sober," he said.
The interlock law is among several taking effect July 1, the first day of the state's new fiscal year. For further information, contact your Local Alameda County DUI Attorney.
http://www.mercurynews.com/breaking-news/ci_15413272?nclick_check=1
DUI driver faces 28 years in Jail after guilty verdict
An Aurora woman has been found guilty of 21 counts of drunken driving and reckless homicide in connection with a 2007 crash that killed five teenagers.
Sandra Vazquez looked straightforward and sat erect as the verdict was read in the Kendall County Courthouse in Yorkville on Wednesday. When the guilty verdict came in the reckless homicide charge, she looked down and then regained her composure.
Her lawyer appealed for bond with GPS monitoring, which Judge Clint Hull immediately refused. "I'm sorry the presumption of innocence has been removed today," he said.
Vazquez then broke into tears and began convulsing and was immediately led out of the courtroom by sheriff's deputies. In the gallery, a man with Vazquez's sister yelled out, "Stay strong, Sandra." She was allowed to call her children, ages 4 and 8, to inform them of what happened. The verdict came on the second day of deliberations.
Members of the five woman, seven man jury declined to comment publicly on the case. Defense attorney Kathleen Colton said that indicates to her that the verdict was a difficult one for them to reach. "They did not want to have to justify it. They were emotional. Some appeared to be crying," she said.
Prosecutors alleged that Vazquez was intoxicated on Feb. 11, 2007 when she drove her sedan full of eight teens down Illinois Route 31 in Oswego, lost control and hit a utility pole. Killed were Jessica Nutoni, 15; Tiffany Urso, 16; Matthew Frank, 17; Katherine Merkel, 14; and James McGee.
Colton maintained the Vazquez wasn't intoxicated but instead was distracted by the number of people in her car and the commotion they were causing. Vazquez herself testified that she gave the drunken teens a ride because she felt badly that they were stuck at a party with no way home. Sentencing has been scheduled for Aug. 27. She faces 28 years in prison. For further information, contact yout Kendall County DUI Attorney.
Source: http://www.nbcchicago.com/news/local-beat/sandra-vazquez-verdict-97504194.html#ixzz0sQbscKKH
Sandra Vazquez looked straightforward and sat erect as the verdict was read in the Kendall County Courthouse in Yorkville on Wednesday. When the guilty verdict came in the reckless homicide charge, she looked down and then regained her composure.
Her lawyer appealed for bond with GPS monitoring, which Judge Clint Hull immediately refused. "I'm sorry the presumption of innocence has been removed today," he said.
Vazquez then broke into tears and began convulsing and was immediately led out of the courtroom by sheriff's deputies. In the gallery, a man with Vazquez's sister yelled out, "Stay strong, Sandra." She was allowed to call her children, ages 4 and 8, to inform them of what happened. The verdict came on the second day of deliberations.
Members of the five woman, seven man jury declined to comment publicly on the case. Defense attorney Kathleen Colton said that indicates to her that the verdict was a difficult one for them to reach. "They did not want to have to justify it. They were emotional. Some appeared to be crying," she said.
Prosecutors alleged that Vazquez was intoxicated on Feb. 11, 2007 when she drove her sedan full of eight teens down Illinois Route 31 in Oswego, lost control and hit a utility pole. Killed were Jessica Nutoni, 15; Tiffany Urso, 16; Matthew Frank, 17; Katherine Merkel, 14; and James McGee.
Colton maintained the Vazquez wasn't intoxicated but instead was distracted by the number of people in her car and the commotion they were causing. Vazquez herself testified that she gave the drunken teens a ride because she felt badly that they were stuck at a party with no way home. Sentencing has been scheduled for Aug. 27. She faces 28 years in prison. For further information, contact yout Kendall County DUI Attorney.
Source: http://www.nbcchicago.com/news/local-beat/sandra-vazquez-verdict-97504194.html#ixzz0sQbscKKH
Monday, June 28, 2010
Animal Cruelty now a Felony in North Carolina
After being signed by Governor Beverly Perdue, a new animal cruelty law that increase punishments for killing animals will go into effect in North Carolina on later this year.
The new law changes the criminal penalties for animal cruelty charge from a misdemeanor to a class H felony, which could carry a penalty of up to ten years in jail.
“If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class I Class H felony,” says the recently passed bill.
Called “Susie’s Law” after Susie, a dog in North Carolina was set on fire and left to die in North Carolina, the law makes it a felony to also let an animal starve or die of thirst through neglect. For Further information, please visit your local criminal defense attorney.
The new law changes the criminal penalties for animal cruelty charge from a misdemeanor to a class H felony, which could carry a penalty of up to ten years in jail.
“If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class I Class H felony,” says the recently passed bill.
Called “Susie’s Law” after Susie, a dog in North Carolina was set on fire and left to die in North Carolina, the law makes it a felony to also let an animal starve or die of thirst through neglect. For Further information, please visit your local criminal defense attorney.
West Virginia DUI Laws
The way DUI cases are handled in West Virginia will change when the new month gets started.
Under a provision approved by lawmakers in the 2010 regular legislative session, a new agency within the state Department of Transportation will handle license revocations and appeals of those revocations for driving under the influence violators.
Currently, if someone loses their license and wants to appeal, they must appeal with the head of the state Division of Motor Vehicles. Lawmakers didn't think that appeals process was completely fair, since the DMV Commissioner is the person who presides over the hearing examiners who issued the revocations initially.
"It will establish a separate agency within the Department of Transportation to be in charge of conducting hearings and establishing procedures," said Steve Dale with the DMV.
The head of the new agency must be an attorney and will be appointed by the Governor and approved by the state Senate. Presently, the Secretary of Transportation has appointed staff lawyer Jill Dunn to handle the duties until the first Chief Examiner is on board.
Dale says the legislation also gives first time DUI offenders a way to wipe the slate clean if they are willing to follow a prescribed path.
"Have their first offense DUI expunged from their criminal record if they agree to get into the ignition interlock program, which is something we administer here at DMV," explained Dale. "As well as drop any requests for a hearing." For further information, contact your local Virginia DUI Attorney.
Under a provision approved by lawmakers in the 2010 regular legislative session, a new agency within the state Department of Transportation will handle license revocations and appeals of those revocations for driving under the influence violators.
Currently, if someone loses their license and wants to appeal, they must appeal with the head of the state Division of Motor Vehicles. Lawmakers didn't think that appeals process was completely fair, since the DMV Commissioner is the person who presides over the hearing examiners who issued the revocations initially.
"It will establish a separate agency within the Department of Transportation to be in charge of conducting hearings and establishing procedures," said Steve Dale with the DMV.
The head of the new agency must be an attorney and will be appointed by the Governor and approved by the state Senate. Presently, the Secretary of Transportation has appointed staff lawyer Jill Dunn to handle the duties until the first Chief Examiner is on board.
Dale says the legislation also gives first time DUI offenders a way to wipe the slate clean if they are willing to follow a prescribed path.
"Have their first offense DUI expunged from their criminal record if they agree to get into the ignition interlock program, which is something we administer here at DMV," explained Dale. "As well as drop any requests for a hearing." For further information, contact your local Virginia DUI Attorney.
DUI Court in Larimer County
After successfully graduating 155 addicts through drug court, the Eighth Judicial District in Larimer County is creating a DUI court that will enroll its initial clients starting July 1.
While the creation of the DUI court has been years in the making, it comes right on the heels of Colorado legislation designed to create increased treatment for DUI offenders.
Officials say DUI court is part of a larger effort to provide treatment to those with substance abuse problems after drug courts have had success nationwide.
"There's recognition that people who commit this offense will continue to do so until they get treatment," said Larimer County Magistrate Matthew Zehe, who will oversee DUI court when it begins. "There's a movement within government that (treatment) really needs to be explored."
Officials said the success of drug court has helped facilitate the creation of DUI court. In Larimer County, 362 people have participated in drug court since 2001 and 155 have graduated.
Of those 155, nearly 94 percent have not had a felony or misdemeanor conviction in the year after graduation and 83 percent still had no convictions after three years, according to Drug Court Coordinator Alison Newcomer.
Like drug court, DUI court is being created with the goal of not just rehabilitating people, but preparing participants to live a productive life.
"We want the participant to not only work on mental health and substance abuse... but also on building job skills and life skills," said Sarah Keck, the Larimer County DUI court coordinator.
For further information, please visit your Larimer County DUI Lawyer.
While the creation of the DUI court has been years in the making, it comes right on the heels of Colorado legislation designed to create increased treatment for DUI offenders.
Officials say DUI court is part of a larger effort to provide treatment to those with substance abuse problems after drug courts have had success nationwide.
"There's recognition that people who commit this offense will continue to do so until they get treatment," said Larimer County Magistrate Matthew Zehe, who will oversee DUI court when it begins. "There's a movement within government that (treatment) really needs to be explored."
Officials said the success of drug court has helped facilitate the creation of DUI court. In Larimer County, 362 people have participated in drug court since 2001 and 155 have graduated.
Of those 155, nearly 94 percent have not had a felony or misdemeanor conviction in the year after graduation and 83 percent still had no convictions after three years, according to Drug Court Coordinator Alison Newcomer.
Like drug court, DUI court is being created with the goal of not just rehabilitating people, but preparing participants to live a productive life.
"We want the participant to not only work on mental health and substance abuse... but also on building job skills and life skills," said Sarah Keck, the Larimer County DUI court coordinator.
For further information, please visit your Larimer County DUI Lawyer.
Lions President arrested for DUI
Detroit Lions president Tom Lewand could be subject to discipline, including a fine and a suspension, by the NFL following his weekend arrest on suspicion of drunken driving. But his job with the team appears secure with owner William Clay Ford.
The Lions released a statement tonight in which Ford said Lewand had "all my support" and he would continue to "positively lead our organization."
Lewand, 41, was arrested Friday night in Roscommon County, Mich., while in the area for a charity golf event hosted by a former Lion. Lewand, who has spent 16 years with the Lions, oversees the team's day-to-day operations and reports to Ford.
NFL spokesman Greg Aiello confirmed Sunday that Lewand is subject to the league's personal conduct policy that commissioner Roger Goodell has consistently said will hold all league employees to high standards of conduct.
Ford said he wants to help Lewand move forward.
"Tom made a very serious mistake and he appropriately owned up to that mistake," Ford said. "As he continues to seek professional assistance for this problem, the Lions will support and help him in any way possible.
"I continue to have full confidence that Tom will positively lead our organization as he has since assuming his current role of team president. He has all my support."
"I am deeply sorry for my actions and take full responsibility for them. As a person in active recovery, I am committed to taking all necessary steps to ensure nothing like this ever happens again." Lewand said in a statement released Saturday night
Roscommon County sheriff's officials have declined to comment on the case and have not released the police report. Lions spokesman Bill Keenist confirmed the incident occurred, said Lewand was released from police custody but did not supply additional details.
For further information, please visit your Roscommon County DUI Attorney.
The Lions released a statement tonight in which Ford said Lewand had "all my support" and he would continue to "positively lead our organization."
Lewand, 41, was arrested Friday night in Roscommon County, Mich., while in the area for a charity golf event hosted by a former Lion. Lewand, who has spent 16 years with the Lions, oversees the team's day-to-day operations and reports to Ford.
NFL spokesman Greg Aiello confirmed Sunday that Lewand is subject to the league's personal conduct policy that commissioner Roger Goodell has consistently said will hold all league employees to high standards of conduct.
Ford said he wants to help Lewand move forward.
"Tom made a very serious mistake and he appropriately owned up to that mistake," Ford said. "As he continues to seek professional assistance for this problem, the Lions will support and help him in any way possible.
"I continue to have full confidence that Tom will positively lead our organization as he has since assuming his current role of team president. He has all my support."
"I am deeply sorry for my actions and take full responsibility for them. As a person in active recovery, I am committed to taking all necessary steps to ensure nothing like this ever happens again." Lewand said in a statement released Saturday night
Roscommon County sheriff's officials have declined to comment on the case and have not released the police report. Lions spokesman Bill Keenist confirmed the incident occurred, said Lewand was released from police custody but did not supply additional details.
For further information, please visit your Roscommon County DUI Attorney.
Monday, June 21, 2010
Anoka County DWI Attorneys and DWI Penalties In Minnesota?
Are You Aware Of The Many Dwi Penalties In Minnesota?
Learning About Minnesota DWI Penalties Is Essential To Maintaining Your Freedom
FREE MINNESOTA DWI CASE EVALUATION
If you are facing a DWI in Anoka County, Minnesota, you most likely want to know more about the types of Minnesota DWI penalties you might be facing. After all, a DWI conviction can result in significant fines, and possibly even jail time. It is imperative you contact an Anoka County DWI Attorney.
When thinking about DWI penalties in Minnesota, however, many people fail to consider the possibility of losing their license plate as well. While this may seem like one of the more insignificant of the Minnesota DWI penalties you might face, losing your license plate can be quite a hassle, as you will not be able to legally drive while your plate is impounded.
You may face a license plate impoundment if your offense involves any of the following:
- Occurs within ten years of a prior impaired driving violation
- The alcohol concentration is 0.20 or more
- A child below the 16 years of age was in the vehicle
- The license had been cancelled as inimical to public safety
If your arrest fits any of these criteria, the plates may be impounded on the vehicle that was used at the time of the violation, as well as on any vehicle that you own or that you have leased or registered under your name, even if you have owned, leased or registered the vehicle jointly with someone else.
Given this, license plate impoundment is one of the DWI penalties in Minnesota that could dramatically impact the lives of your loved ones, as it leaves them without a vehicle as well.
When you are arrested for a DWI in Minnesota, plate impoundment will be issued immediately by the arresting officer. At this time, you will receive a temporary vehicle permit that is good for seven days, or for 45 days if you are not the owner of the vehicle. The plates will then be impounded for at least one year, during which you will be required to use a specially-coded plate once a new plate is issued. During this period, you will also face certain restrictions when it comes to selling and acquiring a new vehicle.
In order to obtain one of these specially-coded plates, you need to meet one of the following criteria:
- You have a substitute driver who is properly licensed
- A member of your household is properly licensed
- You have had your licensed revalidated
- The owner of the vehicle was not the violator, and he or she has a valid license
While plate impoundment may seem like one of the least serious DWI penalties in Minnesota, it can have far-reaching implications. Therefore, when hiring an attorney, be sure to discuss this consequence, as well as other potential Minnesota DWI penalties with your attorney so you can be sure to receive the best legal representation possible. If you have been arrested for a Felony or other criminal offense, contact your local Criminal Defense Attorney.
About the Author
Doug V. Hazelton is a DUI Defense Attorney, who for has successfully handled hundreds of criminals cases. In addition to lecturing on DUI/DWI-related topics nationally, his articles have been published in numerous publications including Criminal Defense Techniques, Criminal Constitutional Law, the Police Misconduct and Civil Rights Law Report. Douglas V. Hazelton dvhazelton@aol.com 612-334-3342 www.dwi-minnesota.com
(ArticlesBase SC #1903555)
Article Source: http://www.articlesbase.com/ - Are You Aware Of The Many Dwi Penalties In Minnesota?
Sunday, June 20, 2010
DUI and your Grant County DUI Attorney
Seattle DUI lawyers, like any other state DUI lawyers put in as much effort as possible to defend their DUI convicted clients. Since drinking is a very common practice in USA, hundreds of DUI cases are filed everyday throughout the country. Seattle, Washington is no exception in having such cases. However, before learning about the fines and costs of Seattle DUI or Washington DUI attorney offenses, people should first understand what DUI is and how it affects human life. DUIs are criminal offenses and you need a local criminal defense attorney.
Here, is a precise list of DUI facts compiled by an eminent Seattle DUI attorney, which I believe will give readers a perfect understanding of this offense and its seriousness. DUI or Driving under Influence of alcohol and drugs is not only dangerous, but is considered to be a serious crime, which can cause the accused serious hazards for life and property. But unfortunately, most people do not realize the seriousness of the issue or how severe its consequences can be. Instead they feel that getting charged with DUI is nothing but an inconvenience or simply an embarrassment for an individual.
Agreeing to the facts listed here by the Seattle DUI attorney, every DUI attorney across the U.S. believe these facts would come as a shock to most of the citizens. Following are some of such shocking facts about DUI and the social impact of this punishable crime:
1.Accidents stimulated by DUI causes one death every half an hour and injure a person in every couple of minutes somewhere across the country.
2.In USA, DUI or Driving under Influence is actually the biggest reason behind the criminal deaths.
3.It has been estimated that more than 17,000 people become victims of individuals driving under the influence of alcohol or narcotics and die every year. And shockingly, out of these 17,000 victims nearly 2000 of them are children.
4.Nearly 1.5 million individuals are arrested for DUI every year across USA.
5.Shockingly this figure is less than 1% of the actual DUI instances that occurs in a year across the country. In reality, more than 160 million DUI incidents take place each year.
6.Over 400 children die every year for riding on vehicles driven by drunk drivers.
7.Over 40% of deaths caused by motor accidents in USA are someway or the other associated with driving under influence of alcohol and or drugs.
8.Nearly 50 children pedestrians are killed every year by individuals driving under the influence.
9.It has been surveyed that over 75% of the DUI accused individuals are male.
10.More than 50% of DUI related accidents and deaths occur during the weekends, especially on Saturdays. Most accidents and fatalities take place between midnight and 4 in the morning.
11.Individuals driving under the influence of alcohol or drugs cause an estimated loss of more than $60 billion property every year.
As the Seattle DUI lawyer suggests, U.S. citizens should become more aware of the fatality that is being caused due to their negligence and unawareness. Driving under the influence is an extremely offensive act causing serious damage and even death to both the driver and the victim. If you were arrested for a DUI in Grant County, contact your Local Grant County DUI Attorney. If you were
Read more: http://www.articlesnatch.com/Article/Shocking-Facts-Of-Dui/1173767#ixzz0rP5bCPO8
By Steven Brown
Here, is a precise list of DUI facts compiled by an eminent Seattle DUI attorney, which I believe will give readers a perfect understanding of this offense and its seriousness. DUI or Driving under Influence of alcohol and drugs is not only dangerous, but is considered to be a serious crime, which can cause the accused serious hazards for life and property. But unfortunately, most people do not realize the seriousness of the issue or how severe its consequences can be. Instead they feel that getting charged with DUI is nothing but an inconvenience or simply an embarrassment for an individual.
Agreeing to the facts listed here by the Seattle DUI attorney, every DUI attorney across the U.S. believe these facts would come as a shock to most of the citizens. Following are some of such shocking facts about DUI and the social impact of this punishable crime:
1.Accidents stimulated by DUI causes one death every half an hour and injure a person in every couple of minutes somewhere across the country.
2.In USA, DUI or Driving under Influence is actually the biggest reason behind the criminal deaths.
3.It has been estimated that more than 17,000 people become victims of individuals driving under the influence of alcohol or narcotics and die every year. And shockingly, out of these 17,000 victims nearly 2000 of them are children.
4.Nearly 1.5 million individuals are arrested for DUI every year across USA.
5.Shockingly this figure is less than 1% of the actual DUI instances that occurs in a year across the country. In reality, more than 160 million DUI incidents take place each year.
6.Over 400 children die every year for riding on vehicles driven by drunk drivers.
7.Over 40% of deaths caused by motor accidents in USA are someway or the other associated with driving under influence of alcohol and or drugs.
8.Nearly 50 children pedestrians are killed every year by individuals driving under the influence.
9.It has been surveyed that over 75% of the DUI accused individuals are male.
10.More than 50% of DUI related accidents and deaths occur during the weekends, especially on Saturdays. Most accidents and fatalities take place between midnight and 4 in the morning.
11.Individuals driving under the influence of alcohol or drugs cause an estimated loss of more than $60 billion property every year.
As the Seattle DUI lawyer suggests, U.S. citizens should become more aware of the fatality that is being caused due to their negligence and unawareness. Driving under the influence is an extremely offensive act causing serious damage and even death to both the driver and the victim. If you were arrested for a DUI in Grant County, contact your Local Grant County DUI Attorney. If you were
Read more: http://www.articlesnatch.com/Article/Shocking-Facts-Of-Dui/1173767#ixzz0rP5bCPO8
By Steven Brown
Field Sobriety Tests and your Wright County DWI Attorney
Roadside field sobriety tests (FSTs), developed at the behest of the National Highway Traffic Safety Administration (NHTSA), are commonly employed by police officers during DUI stops to determine whether a driver is under the influence of alcohol.
FSTs generally consist of a battery of three to five exercises, such as walking and turning in a different direction, standing on one leg, nystagmus (using the eyes to track an object), touching the finger to the nose and reciting the alphabet.
The officer may subjectively decide whether the individual failed the test, or he may decide after applying recently-promulgated federal scoring standards. The NHTSA thinks these tests are a reliable way to gauge sobriety; however, there is mounting evidence that they are anything but.
Many FSTs are based on the concept of divided attention, which occurs when an individual must concentrate on more than one thing at the same time. A driver must divide her attention among various physical and mental activities to safely operate a vehicle, and her ability to do so is significantly reduced by the consumption of alcohol.
Ideally, FSTs evaluate the same mental and physical capabilities that a person needs to drive: information processing; short-term memory; judgment and decision making; steadiness, sure reactions; clear vision; small muscle control; and coordination of the limbs.
The most recently developed of the FSTs is the horizontal gaze nystagmus (HGN) test. HGN does not test a drivers ability to divide his attention, but it is thought to be an even more accurate means to detect whether a person has consumed alcohol because it measures involuntary eye movement.
Nystagmus is an involuntary oscillation of the eye, and it occurs naturally in human eyes when they focus too far off center (straight ahead). If a sober person tracks an object from side to side, the eyes will follow it smoothly up to a certain point, when they will begin to oscillate. If an intoxicated person tracks an object from side to side, alcohol will make nystagmus more pronounced, meaning the eyes will oscillate sooner.
However, alcohol is not the only cause of pronounced nystagmus. Nystagmus can be caused by inner ear problems, flu, strep throat, measles, syphilis, muscular dystrophy, multiple sclerosis, hypertension, glaucoma and epilepsy.
Temporary conditions such as motion sickness, sun stroke, eye strain or fatigue, and changes in atmospheric pressure may also result in nystagmus. Further, the consumption of common substances such as caffeine, nicotine, or aspirin can also lead to nystagmus. An individuals circadian rhythms or biorhythms also affect nystagmus readings.
The integrity of the original research affirming the validity of the HGN test has been called into question, and in 2001 additional research indicated that the test is improperly administered by most police officers. HGN, however, is not the only FST to be called into question. The entire battery of tests appears to offer dubious evidence of intoxication.
The most obvious problem is that the conditions under which FSTs are given almost guarantee failure: usually late at night; along a graveled or sloped roadside; with unsteady lighting from passing cars headlights, the officers flashlight and patrol cars strobe and headlights; and sometimes gusts of wind from intemperate weather or passing cars. The test is given to a person who is usually nervous and possibly frightened.
In 1991, Clemson University conducted a study on the accuracy of FSTs. Police officers were shown videotapes of individuals performing six common FSTs and asked to determine whether they were too intoxicated to drive. The officers concluded that almost half of the people were too drunk to drive; however, unknown to the officers, none of them had consumed any alcohol.
Given the questionable reliability of FSTs, it is no wonder they are surrounded by controversy and DUI defense attorneys often advise people not to submit to them. Contact your Local Wright County DWI Attorney of your Local DUI Attorney.
Read more: http://www.articlesnatch.com/Article/The-Controversy-Over-Roadside-Field-Sobriety-Tests/32585#ixzz0rP2KShYV
By Lance Knowlton
FSTs generally consist of a battery of three to five exercises, such as walking and turning in a different direction, standing on one leg, nystagmus (using the eyes to track an object), touching the finger to the nose and reciting the alphabet.
The officer may subjectively decide whether the individual failed the test, or he may decide after applying recently-promulgated federal scoring standards. The NHTSA thinks these tests are a reliable way to gauge sobriety; however, there is mounting evidence that they are anything but.
Many FSTs are based on the concept of divided attention, which occurs when an individual must concentrate on more than one thing at the same time. A driver must divide her attention among various physical and mental activities to safely operate a vehicle, and her ability to do so is significantly reduced by the consumption of alcohol.
Ideally, FSTs evaluate the same mental and physical capabilities that a person needs to drive: information processing; short-term memory; judgment and decision making; steadiness, sure reactions; clear vision; small muscle control; and coordination of the limbs.
The most recently developed of the FSTs is the horizontal gaze nystagmus (HGN) test. HGN does not test a drivers ability to divide his attention, but it is thought to be an even more accurate means to detect whether a person has consumed alcohol because it measures involuntary eye movement.
Nystagmus is an involuntary oscillation of the eye, and it occurs naturally in human eyes when they focus too far off center (straight ahead). If a sober person tracks an object from side to side, the eyes will follow it smoothly up to a certain point, when they will begin to oscillate. If an intoxicated person tracks an object from side to side, alcohol will make nystagmus more pronounced, meaning the eyes will oscillate sooner.
However, alcohol is not the only cause of pronounced nystagmus. Nystagmus can be caused by inner ear problems, flu, strep throat, measles, syphilis, muscular dystrophy, multiple sclerosis, hypertension, glaucoma and epilepsy.
Temporary conditions such as motion sickness, sun stroke, eye strain or fatigue, and changes in atmospheric pressure may also result in nystagmus. Further, the consumption of common substances such as caffeine, nicotine, or aspirin can also lead to nystagmus. An individuals circadian rhythms or biorhythms also affect nystagmus readings.
The integrity of the original research affirming the validity of the HGN test has been called into question, and in 2001 additional research indicated that the test is improperly administered by most police officers. HGN, however, is not the only FST to be called into question. The entire battery of tests appears to offer dubious evidence of intoxication.
The most obvious problem is that the conditions under which FSTs are given almost guarantee failure: usually late at night; along a graveled or sloped roadside; with unsteady lighting from passing cars headlights, the officers flashlight and patrol cars strobe and headlights; and sometimes gusts of wind from intemperate weather or passing cars. The test is given to a person who is usually nervous and possibly frightened.
In 1991, Clemson University conducted a study on the accuracy of FSTs. Police officers were shown videotapes of individuals performing six common FSTs and asked to determine whether they were too intoxicated to drive. The officers concluded that almost half of the people were too drunk to drive; however, unknown to the officers, none of them had consumed any alcohol.
Given the questionable reliability of FSTs, it is no wonder they are surrounded by controversy and DUI defense attorneys often advise people not to submit to them. Contact your Local Wright County DWI Attorney of your Local DUI Attorney.
Read more: http://www.articlesnatch.com/Article/The-Controversy-Over-Roadside-Field-Sobriety-Tests/32585#ixzz0rP2KShYV
By Lance Knowlton
Minnesota laws are harsh when it comes to drug possession offenses. That is particularly true as it relates to Methamphetamines. Review the criminal charges and their defense in this article.
SIZE MATTERS
The gravity of crimes involving sale or possession of methamphetamine in Minnesota is linked to the size of the contraband. The amount of the drug is determined by the total gram weight of the substance, not by the actual amount of methamphetamine present in it.
In fact, in a recent case decided by the Minnesota Supreme Court, State v. Peck, it was determined that the total weight of bong water could be used to charge the offense. In that case, Sarah Ruth Peck had 2.5 tablespoons of bong water in her bong. The water contained only traces of Meth. As a result, the state charged her with a First Degree Felony Possession carrying a presumptive prison sentence of 86 months, because the water weighed 37 grams, over the 25 gram threshold.
Initially, the trial court in Faribault Minnesota threw it out and the Court of Appeals affirmed that decision. However, in October of 2009, in a split decision, the MN Supreme Court reversed and concluded the bong water is a mixture containing a controlled substance and reinstated the charge.
This case highlights the significant penalties faced particularly as they relate to methamphetamines and other strong drugs. Because of the dangers that methamphetamine, cocaine, and heroin pose, the penalties for sale or possession of these drugs are much harsher than penalties for the same amount of other drugs.
Some of the potential charges are highlighted below:
A sale of ten grams or more of any mixture or substance containing methamphetamine, or possession of 25 grams or more of any such substance, is a first-degree controlled substance crime and carries a penalty of up to 30 years' imprisonment and a $1 million fine, or both.
If the person has a previous controlled substance conviction, the penalty is increased to at least four and up to 40 years' imprisonment. The Minnesota Sentencing Guidelines recommend an 86-month sentence for a person with no criminal history who is convicted of a first-degree controlled substance offense.
The sale of three to ten grams or possession of six to 25 grams of a methamphetamine substance is a second-degree controlled substance violation and is punishable by a 25-year prison sentence or a $500,000 fine, or both. For offenders with a previous controlled substance conviction, the penalty increases to up to 40 years (with a three-year minimum sentence) and an optional fine of up to $500,000.
The Minnesota Sentencing Guidelines recommend a 48- month sentence for a person with no criminal history who is convicted of a second-degree controlled substance offense.
The sale of any substance containing methamphetamine, or possession of three to six grams of such
substance, is a third-degree controlled substance crime and carries a prison term of up to 20 years or a fine of up to $250,000, or both.
With a previous controlled substance conviction, the term is at least two and up to 30 years, with an optional $250,000 fine. The Minnesota Sentencing Guidelines recommend a stayed 21-month sentence for a person with no criminal history who is convicted of a third-degree controlled substance offense.
The possession of a substance containing any amount of methamphetamine is a fourth-degree controlled substance crime and carries a prison term of up to 15 years or a fine of up to $100,000 or both.
With a previous controlled substance conviction, the term is at least one and up to 30 years, with an optional $100,000 fine. The Minnesota Sentencing Guidelines recommend a stayed 12-month sentence for a person with no criminal history who is convicted of a fourth-degree controlled substance offense.
METHAMPHETAMINE CRIMINAL DEFENSES
A.The Evidence.
Obviously, evidence of a drug charge is critical to a conviction. The existence of contraband including the necessary weight must be proven beyond a reasonable doubt. That evidence, however, can be challenged where the search resulting in the evidence was flawed.
The evidence is challenged before trial with Motions to Suppress Evidence. Such motions are a powerful tool when wielded in the hands of aggressive and experienced legal counsel.
A Motion to Suppress Evidence is based upon arguments that evidence was illegally obtained as the product of a search or seizure that violates the Constitution. The court decides this issue after a hearing in which the defense attorney cross-examines the officers involved in the case, and presents legal arguments about why the evidence should be suppressed. If this motion is successful, the case may be dismissed entirely.
The Fourth Amendment of the United States Constitution protects you from unreasonable search and seizure. As individual rights are highly valued in this country, our lawyers have been very successful in challenging drug arrests based on improper searches and invalid search warrants.
A constitutional violation may occur where searches are unsupported by sufficient probable cause to conduct the search. Such challenges require a careful inspection as to what the law enforcement officer knew and when it was known.
Even where search warrants are acquired, numerous potential challenges exist. Challenges may include attacking the probable cause for the warrant or arguing that the scope of the warrant was exceeded either as to location or with respect to the items seized. The challenges that are used would depend greatly on the particular facts of the case.
In addition to challenging the seizure of evidence, the testing procedure for contraband evidence may also be challenged. If improper methods are used to identify the contraband substance, the test results may be suppressed in court. Moreover, since a critical issue in any drug case is the amount of contraband, challenging the drug's purity may also provide a viable challenge to see a reduction of charges.
B.Entrapment
Entrapment occurs when the government, usually law enforcement, entice a person to commit a crime that they were not predisposed to committing. In the context of a drug offense, it may be a viable claim of entrapment if law enforcement initiates contact and communication regarding a sale of narcotics where there was no predisposition on the part of the defendant to commit the offense.
It is important to note that law enforcement officers have no obligation to tell the truth or to reveal their true identity if asked by a potential drug buyer or drug seller. Claims of entrapment are very difficult to present effectively without a trained lawyer. Some successful claims against law enforcement agencies have centered around the idea of a 'virtue test'. Police cannot select random citizens to participate in organized sting operations in hopes of generating an arrest. There must be some compelling evidence that a specific individual has a propensity for committing such a crime.
C.Possession
One of the critical elements of any drug case is whether the defendant was the person who had actual possession of the drugs on their person, or whether the defendant had constructive possession, by locating drugs within that individuals span of control, whether that is in a car, a house, or a dresser drawer.
CONCLUSION
Charges related to methamphetamine possession or possession with intent to sell are extremely serious. On a first offense, presumptive prison sentence in excess of twelve years may apply. Accordingly, you should always seek experienced and aggressive counsel for your defense. Contact your Local Minnesota Criminal Defense Attorney. If you were driving with drugs in your system, you may be charge with a DWI. Contact your Local Minnesota DWI Attorney.
Read more: http://www.articlesnatch.com/Article/Minnesota-Methamphetamine-Possession-And-Its-Defense/928315#ixzz0rOzJEtO6
By Maury Beaulier
SIZE MATTERS
The gravity of crimes involving sale or possession of methamphetamine in Minnesota is linked to the size of the contraband. The amount of the drug is determined by the total gram weight of the substance, not by the actual amount of methamphetamine present in it.
In fact, in a recent case decided by the Minnesota Supreme Court, State v. Peck, it was determined that the total weight of bong water could be used to charge the offense. In that case, Sarah Ruth Peck had 2.5 tablespoons of bong water in her bong. The water contained only traces of Meth. As a result, the state charged her with a First Degree Felony Possession carrying a presumptive prison sentence of 86 months, because the water weighed 37 grams, over the 25 gram threshold.
Initially, the trial court in Faribault Minnesota threw it out and the Court of Appeals affirmed that decision. However, in October of 2009, in a split decision, the MN Supreme Court reversed and concluded the bong water is a mixture containing a controlled substance and reinstated the charge.
This case highlights the significant penalties faced particularly as they relate to methamphetamines and other strong drugs. Because of the dangers that methamphetamine, cocaine, and heroin pose, the penalties for sale or possession of these drugs are much harsher than penalties for the same amount of other drugs.
Some of the potential charges are highlighted below:
A sale of ten grams or more of any mixture or substance containing methamphetamine, or possession of 25 grams or more of any such substance, is a first-degree controlled substance crime and carries a penalty of up to 30 years' imprisonment and a $1 million fine, or both.
If the person has a previous controlled substance conviction, the penalty is increased to at least four and up to 40 years' imprisonment. The Minnesota Sentencing Guidelines recommend an 86-month sentence for a person with no criminal history who is convicted of a first-degree controlled substance offense.
The sale of three to ten grams or possession of six to 25 grams of a methamphetamine substance is a second-degree controlled substance violation and is punishable by a 25-year prison sentence or a $500,000 fine, or both. For offenders with a previous controlled substance conviction, the penalty increases to up to 40 years (with a three-year minimum sentence) and an optional fine of up to $500,000.
The Minnesota Sentencing Guidelines recommend a 48- month sentence for a person with no criminal history who is convicted of a second-degree controlled substance offense.
The sale of any substance containing methamphetamine, or possession of three to six grams of such
substance, is a third-degree controlled substance crime and carries a prison term of up to 20 years or a fine of up to $250,000, or both.
With a previous controlled substance conviction, the term is at least two and up to 30 years, with an optional $250,000 fine. The Minnesota Sentencing Guidelines recommend a stayed 21-month sentence for a person with no criminal history who is convicted of a third-degree controlled substance offense.
The possession of a substance containing any amount of methamphetamine is a fourth-degree controlled substance crime and carries a prison term of up to 15 years or a fine of up to $100,000 or both.
With a previous controlled substance conviction, the term is at least one and up to 30 years, with an optional $100,000 fine. The Minnesota Sentencing Guidelines recommend a stayed 12-month sentence for a person with no criminal history who is convicted of a fourth-degree controlled substance offense.
METHAMPHETAMINE CRIMINAL DEFENSES
A.The Evidence.
Obviously, evidence of a drug charge is critical to a conviction. The existence of contraband including the necessary weight must be proven beyond a reasonable doubt. That evidence, however, can be challenged where the search resulting in the evidence was flawed.
The evidence is challenged before trial with Motions to Suppress Evidence. Such motions are a powerful tool when wielded in the hands of aggressive and experienced legal counsel.
A Motion to Suppress Evidence is based upon arguments that evidence was illegally obtained as the product of a search or seizure that violates the Constitution. The court decides this issue after a hearing in which the defense attorney cross-examines the officers involved in the case, and presents legal arguments about why the evidence should be suppressed. If this motion is successful, the case may be dismissed entirely.
The Fourth Amendment of the United States Constitution protects you from unreasonable search and seizure. As individual rights are highly valued in this country, our lawyers have been very successful in challenging drug arrests based on improper searches and invalid search warrants.
A constitutional violation may occur where searches are unsupported by sufficient probable cause to conduct the search. Such challenges require a careful inspection as to what the law enforcement officer knew and when it was known.
Even where search warrants are acquired, numerous potential challenges exist. Challenges may include attacking the probable cause for the warrant or arguing that the scope of the warrant was exceeded either as to location or with respect to the items seized. The challenges that are used would depend greatly on the particular facts of the case.
In addition to challenging the seizure of evidence, the testing procedure for contraband evidence may also be challenged. If improper methods are used to identify the contraband substance, the test results may be suppressed in court. Moreover, since a critical issue in any drug case is the amount of contraband, challenging the drug's purity may also provide a viable challenge to see a reduction of charges.
B.Entrapment
Entrapment occurs when the government, usually law enforcement, entice a person to commit a crime that they were not predisposed to committing. In the context of a drug offense, it may be a viable claim of entrapment if law enforcement initiates contact and communication regarding a sale of narcotics where there was no predisposition on the part of the defendant to commit the offense.
It is important to note that law enforcement officers have no obligation to tell the truth or to reveal their true identity if asked by a potential drug buyer or drug seller. Claims of entrapment are very difficult to present effectively without a trained lawyer. Some successful claims against law enforcement agencies have centered around the idea of a 'virtue test'. Police cannot select random citizens to participate in organized sting operations in hopes of generating an arrest. There must be some compelling evidence that a specific individual has a propensity for committing such a crime.
C.Possession
One of the critical elements of any drug case is whether the defendant was the person who had actual possession of the drugs on their person, or whether the defendant had constructive possession, by locating drugs within that individuals span of control, whether that is in a car, a house, or a dresser drawer.
CONCLUSION
Charges related to methamphetamine possession or possession with intent to sell are extremely serious. On a first offense, presumptive prison sentence in excess of twelve years may apply. Accordingly, you should always seek experienced and aggressive counsel for your defense. Contact your Local Minnesota Criminal Defense Attorney. If you were driving with drugs in your system, you may be charge with a DWI. Contact your Local Minnesota DWI Attorney.
Read more: http://www.articlesnatch.com/Article/Minnesota-Methamphetamine-Possession-And-Its-Defense/928315#ixzz0rOzJEtO6
By Maury Beaulier
Saturday, June 12, 2010
Stearns County DWI Attorneys and Challenging the Minnesota Breath Test
The State of Minnesota and the State of Wisconsin currently require a person suspected of a DWI or OWI to submit to a blood, breath or urine test to determine the blood alcohol content of the subject. A refusal to submit to such a test may have more serious ramifications than a test result with a BAC over the legal limit.
The Intoxilyzer 5000 is the current breath-testing machine that is used. This is the machine that is used when a DWI/OWI suspect is taken to the police station and should not be confused with the preliminary breath test (PBT) that may be used at the scene of a DWI/OWI stop. The PBT is not admissible as evidence in Court whereas, the results of the Intoxilyzer 5000 may be critical to a prosecutor's case.
The manufacturer of the "Intoxilyzer" is CMI, a Kentucky corporation. Though the Intoxilyzer has the potential to be accurate, it is not infallible. Breath testing in general is based upon the principle that there is a direct relationship between the amount of alcohol in a person's deep lung air to amount of alcohol in the person's blood in the aveolar tissue of the lungs. Breath testing equipment is calibrated based upon the assumption that the ratio of alcohol in the air to the alcohol in the blood is 1 to 2100.
THIS RATIO IS INACCURATE BASED ON INDIVIDUAL DIFFERENCES.
Research has clearly demonstrated that the ratio between breath and blood may vary between individuals. This is critical since a person with a ratio lower than 2100 to 1 will result in an inaccurate and high blood alcohol test result from a breath sample.
BREATHING TECHNIQUES MAY AFFECT TEST RESULT
Breathing techniques may also affect the Intoxilyzer 5000 reading. A longer breath sample - over ten seconds - may result in a higher BAC reading by more than 100% since the machinery is calibrated to test a 10 second sample. Additionally, a person who breaths shallow or holds their breath may accumulate residual mouth alcohol resulting in a higher reading than their true BAC. Hyperventilation may also impair the test. The affect of breathing techniques on Intoxilyzer results was confirmed in recent research conducted at the University of Washington Department of Medicine by by Dr. Michael Hlastala.
OUTSIDE RADIO SIGNALS MAY AFFECT DEVICE
Numerous reports and scientific articles have demonstrated that the Intoxilyzer 5000 becomes unstable if it is in proximity to any other devices emitting radio waves. A police officer's radio or proximity of the machinery to the airport may cast doubt on the accuracy of test results.
MACHINES MAY DETECT OTHER CHEMICALS AS ALCOHOL
The Intoxilyzer machine has great difficulty detecting molecules which have a similar structure to ethyl alcohol. There are many molecules in the methyl group which includes ethyl alcohol. The Intoxilyzer bombards a breath sample with infrared light. The light absorption is then tested based upon the Baer-Lambert theory stating that organic substances absorb infrared energy at different wave lengths. The wave lengths tested by the Intoxilyzer 5000 are 3.39 and 3.48 microns. However, there are a number of other similar substances that also absorb infrared light at these wave lengths. Chemicals that are commonly used in wood working or construction may be inhaled, or even a strong presence of chemicals on a person's clothing may be read by an Intoxilyzer as alcohol.
PHYSICAL DISABILITY MAY AFFECT READING
Certain illnesses or disabilities may also create chemical reactions in the body which affect an Intoxilyzer reading. A person with heartburn, liver disease or diabetes may have chemical reactions in the body that impairs a breath sample. The same can be said of people with certain diets, or those on certain medications. Hyperventilation or sitting in certain positions may also cause sample error on a breath test. Further, the subjects exposure to certain chemicals such as acetone may result in an inaccurate breath alcohol test result.
BREATH TEMPERATURE MAY AFFECT READING
the temperature a person's breath may have a critical impact on the accuracy of a breath test. The Intoxilyzer 5000 is calibrated to test breath at 34 C. This is the same temperature that is used for simulator solutions. However, breath samples provided may not always register at exactly 34 C. Even a slight difference may have a critical impact may not always. A variation of only one degree may result in a BAC reading that is 7% higher.
HOW ARE RESULTS CHALLENGED
Intoxilyzer results are challenged by reviewing intoxilyzer maintenance records, police reports and subject test results. Often, these documents will clues will provide clues to inaccurate testing. Erroneous tests may be suppressed so that they cannot be used at trial and if suppressed, may render the prosecutor's case weak and impossible to win. Contacting your Local DWI Attorney is imperative. Retaining Local Stearns County DUI Attorney could be the best investment you will make. If you were arrested in Wisconsin, contact your Local Wisconsin OWI Attorney for further consultation.
Source: http://www.articlealley.com/article_636383_18.html
The Intoxilyzer 5000 is the current breath-testing machine that is used. This is the machine that is used when a DWI/OWI suspect is taken to the police station and should not be confused with the preliminary breath test (PBT) that may be used at the scene of a DWI/OWI stop. The PBT is not admissible as evidence in Court whereas, the results of the Intoxilyzer 5000 may be critical to a prosecutor's case.
The manufacturer of the "Intoxilyzer" is CMI, a Kentucky corporation. Though the Intoxilyzer has the potential to be accurate, it is not infallible. Breath testing in general is based upon the principle that there is a direct relationship between the amount of alcohol in a person's deep lung air to amount of alcohol in the person's blood in the aveolar tissue of the lungs. Breath testing equipment is calibrated based upon the assumption that the ratio of alcohol in the air to the alcohol in the blood is 1 to 2100.
THIS RATIO IS INACCURATE BASED ON INDIVIDUAL DIFFERENCES.
Research has clearly demonstrated that the ratio between breath and blood may vary between individuals. This is critical since a person with a ratio lower than 2100 to 1 will result in an inaccurate and high blood alcohol test result from a breath sample.
BREATHING TECHNIQUES MAY AFFECT TEST RESULT
Breathing techniques may also affect the Intoxilyzer 5000 reading. A longer breath sample - over ten seconds - may result in a higher BAC reading by more than 100% since the machinery is calibrated to test a 10 second sample. Additionally, a person who breaths shallow or holds their breath may accumulate residual mouth alcohol resulting in a higher reading than their true BAC. Hyperventilation may also impair the test. The affect of breathing techniques on Intoxilyzer results was confirmed in recent research conducted at the University of Washington Department of Medicine by by Dr. Michael Hlastala.
OUTSIDE RADIO SIGNALS MAY AFFECT DEVICE
Numerous reports and scientific articles have demonstrated that the Intoxilyzer 5000 becomes unstable if it is in proximity to any other devices emitting radio waves. A police officer's radio or proximity of the machinery to the airport may cast doubt on the accuracy of test results.
MACHINES MAY DETECT OTHER CHEMICALS AS ALCOHOL
The Intoxilyzer machine has great difficulty detecting molecules which have a similar structure to ethyl alcohol. There are many molecules in the methyl group which includes ethyl alcohol. The Intoxilyzer bombards a breath sample with infrared light. The light absorption is then tested based upon the Baer-Lambert theory stating that organic substances absorb infrared energy at different wave lengths. The wave lengths tested by the Intoxilyzer 5000 are 3.39 and 3.48 microns. However, there are a number of other similar substances that also absorb infrared light at these wave lengths. Chemicals that are commonly used in wood working or construction may be inhaled, or even a strong presence of chemicals on a person's clothing may be read by an Intoxilyzer as alcohol.
PHYSICAL DISABILITY MAY AFFECT READING
Certain illnesses or disabilities may also create chemical reactions in the body which affect an Intoxilyzer reading. A person with heartburn, liver disease or diabetes may have chemical reactions in the body that impairs a breath sample. The same can be said of people with certain diets, or those on certain medications. Hyperventilation or sitting in certain positions may also cause sample error on a breath test. Further, the subjects exposure to certain chemicals such as acetone may result in an inaccurate breath alcohol test result.
BREATH TEMPERATURE MAY AFFECT READING
the temperature a person's breath may have a critical impact on the accuracy of a breath test. The Intoxilyzer 5000 is calibrated to test breath at 34 C. This is the same temperature that is used for simulator solutions. However, breath samples provided may not always register at exactly 34 C. Even a slight difference may have a critical impact may not always. A variation of only one degree may result in a BAC reading that is 7% higher.
HOW ARE RESULTS CHALLENGED
Intoxilyzer results are challenged by reviewing intoxilyzer maintenance records, police reports and subject test results. Often, these documents will clues will provide clues to inaccurate testing. Erroneous tests may be suppressed so that they cannot be used at trial and if suppressed, may render the prosecutor's case weak and impossible to win. Contacting your Local DWI Attorney is imperative. Retaining Local Stearns County DUI Attorney could be the best investment you will make. If you were arrested in Wisconsin, contact your Local Wisconsin OWI Attorney for further consultation.
Source: http://www.articlealley.com/article_636383_18.html
Sunday, May 2, 2010
Arrested for a DUI in Dupage County Illinois, what next?
If you have been arrested for a DUI in Dupage County, this article will describe the process of what will occur. After the police officer arrests you for a DUI, he will take you to the police station and will request that you submit to a breathalyzer. If you refuse, your license will be suspended for one year under the Statutory Summary Suspension Laws. If you take the breathalyzer and register .08 or greater as a BAC, your license will be suspended for six months if you are a first offender. You will be released by typically posting your driver’s license and $100 bond. The officer will you give you a court date approximately 3 to 4 weeks later. You must appear on that date at the DuPage County Judicial Center, located at 505 N. County Farm Road, Wheaton, Illinois 60187. There is a parking garage by the building.
The case will typically be prosecuted by the DuPage County State’s Attorney’s Office. However, some municipalities including Oak Brook, Carol Stream and West Chicago to name a few prosecute the offenses themselves and hire private attorneys. On your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to one of three court rooms 4002, 4015 or 4017. Your first appearance will be at 9:00 AM. The judges will call all private attorney cases first. If you do not have an attorney, the wait may be one hour. The judge will ask if you retained an attorney and how you plead. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the DuPage County DUI Process. The criminal prosecution of a DUI can take as little as two months or as long as one year. If you enjoyed this article, please visit DUI Attorney and DUI Lawyer. If you were arrested for a DUI in another State, please visit Local DUI Attorney for further information.
The case will typically be prosecuted by the DuPage County State’s Attorney’s Office. However, some municipalities including Oak Brook, Carol Stream and West Chicago to name a few prosecute the offenses themselves and hire private attorneys. On your first appearance date, you will be required to pass through a metal detector. Any cellular phones that have a video recording device or camera will not be allowed into the courthouse. Your case will be assigned to one of three court rooms 4002, 4015 or 4017. Your first appearance will be at 9:00 AM. The judges will call all private attorney cases first. If you do not have an attorney, the wait may be one hour. The judge will ask if you retained an attorney and how you plead. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney. It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the DuPage County DUI Process. The criminal prosecution of a DUI can take as little as two months or as long as one year. If you enjoyed this article, please visit DUI Attorney and DUI Lawyer. If you were arrested for a DUI in another State, please visit Local DUI Attorney for further information.
Monday, April 26, 2010
Arrested for a DUI, should you fight the Charge?
After you are arrested for a DUI arrest, you may feel that your case is hopeless and that you should just plead guilty. This is especially true if you consented to a breath test that revealed a high blood alcohol level. However, it is important to consult with a DUI attorney to discuss your case before determining whether you should plead guilty. There may be other legal aspects of your DUI arrest that can be challenged.
According to the Fourth Amendment of the United States Constitution, arrests must be based on probable cause and protect against unreasonable search and seizures. If you were arrested for a DUI and it was not based on probable cause, a competent DUI Attorney may be able to have the case dismiss based upon a violation of the Fourth Amendment.
Police Officers often make mistakes during DUI arrests. If the police question you without reading you the Miranda warnings, your DUI attorney may move to have certain evidence suppressed or possibly have the case dismissed. In some cases, your DUI attorney may challenge the history and credibility of the arresting officer as part of your defense.
In Illinois, the DUI laws requires DUI suspects to submit to a breath test or provide a blood sample to determine blood alcohol content(BAC). Refusal of a breath test will result in civil penalties, including the loss of driving privileges for a period of at least one year. Some law enforcement agencies now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample.
Even if the BAC results of a breath or blood sample are over the legal limit, your DUI Attorney may challenge the breath or blood samples based upon the following:
• The results of the test the testing procedure;
• The collection, handling and storage of the sample;
• The manner in which other tests were conducted;
• The arresting officer's actions;
• The cause for the traffic stop.
Many DUI lawyers utilize expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence.
If you have been arrested for DUI, it is crucial to discuss your case with a DUI attorney. While you may believe the prosecution has a strong case against you, if your lawyer has experience in this area and may feel otherwise.
For further information, please go to www.pbuhlawoffice.com or www.dui-illinois-lawyer.com.
According to the Fourth Amendment of the United States Constitution, arrests must be based on probable cause and protect against unreasonable search and seizures. If you were arrested for a DUI and it was not based on probable cause, a competent DUI Attorney may be able to have the case dismiss based upon a violation of the Fourth Amendment.
Police Officers often make mistakes during DUI arrests. If the police question you without reading you the Miranda warnings, your DUI attorney may move to have certain evidence suppressed or possibly have the case dismissed. In some cases, your DUI attorney may challenge the history and credibility of the arresting officer as part of your defense.
In Illinois, the DUI laws requires DUI suspects to submit to a breath test or provide a blood sample to determine blood alcohol content(BAC). Refusal of a breath test will result in civil penalties, including the loss of driving privileges for a period of at least one year. Some law enforcement agencies now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample.
Even if the BAC results of a breath or blood sample are over the legal limit, your DUI Attorney may challenge the breath or blood samples based upon the following:
• The results of the test the testing procedure;
• The collection, handling and storage of the sample;
• The manner in which other tests were conducted;
• The arresting officer's actions;
• The cause for the traffic stop.
Many DUI lawyers utilize expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence.
If you have been arrested for DUI, it is crucial to discuss your case with a DUI attorney. While you may believe the prosecution has a strong case against you, if your lawyer has experience in this area and may feel otherwise.
For further information, please go to www.pbuhlawoffice.com or www.dui-illinois-lawyer.com.
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