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Learning How to Prevent DUI April 16, 2011
Many people have gone out to have drinks with friends and may not always understand how to prevent DUI from happening. Going out is not the problem. You can go out, enjoy yourself, and have a few drinks if you want. The problem comes in when you decide to put the keys in the ignition and drive yourself home. Making the choice to get behind the wheel can cause you many problems. From losing your job, to jail time or even fines, it is not worth the trouble to go out and drive drunk.
With the tragedy of so many lives lost, states are making their punishments more harsh for those charged with DUI’s. Because of this it is important to know how to prevent those charges and what you can do to still enjoy your times.
One of the first things you can do is stay at home. Purchase your drinks or alcohol you would like and stay at your home or a friend’s house and sleep it off. You can have a party and allow your friends to plan to sleep over if you are going to have drinks. This will prevent anyone from leaving your home and possibly causing an accident or being arrested. Police officers do not play when it comes to drinking and driving. Some states will even charge you if you are in the driver’s seat with the car turned on. Be sure to always try to be at a safe place until you are sober and ready to drive.
Another suitable way to help prevent problems is to have a designated driver. If you are going to go out always choose someone who will stay sober and away from alcohol to drive you home. You can take turns when going out so that everyone can enjoy their times. You can have one person do it this week and someone else the next. This way you are all protected and do not run the risk of an accident or being charged with drunk driving. If this is possible this is the best way to go out, have fun, and stay safe.
If you are charged with a DUI you may face jail time, license suspension, probation and large fines. Depending on what offense it is you can even lose your job. Many people have lost their jobs and future jobs because of a driving under the influence charge on their record. Prevent it from happening in the first place by being a responsible drinker. Always have a designated driver, call a taxi or stay in your home and do not drive. The laws and punishments are becoming more and more harsh as the years go by. You can lose more than just your license in some cases. Many have lost their lives due to their bad choices. Be responsible and always take precautions if you pick up a drink.
Understanding DUI Penalties April 16, 2011
Should you choose to drink and drive under the influence then you must make yourself aware of the DUI penalties you can face if you are pulled over. States have taken to increasing their punishments to harsher limits, in some cases no matter if it is your first offense or fifth offense. Understanding these penalties is important because if you are caught drinking and driving then you could be spending time in jail or even losing your license. You should know what they are so you can be prepared if you are caught and know what you can be facing.
One of the major things you should do when you are caught drinking and driving is to have a lawyer that knows the laws of the state you are in. they can help you to work towards a less harsh sentencing if they are knowledgeable and prepared. The penalties you can face will vary depending on if this is your first offense or a second or third offense. The penalties may not be as harsh but some states will take your license away even on the first offense of a DUI. You could also have to pay fines, do jail time and take driving classes. These are all possible penalties that you can face if you are pulled over and charged with a DUI. There are times they will set up checkpoints as well such as popular holidays to catch those who may be drinking and driving. Your best solution is to have a designated driver whenever you think you will drink and drive.
The reason that the penalties have gotten so much more harsh is due to the number of lives lost in these types of accidents. People have gotten very paranoid of what can happen and thus the punishments may not always fit the crime in some cases. Some states can actually charge you with a DUI if you are just sitting in your driver’s seat with the car turned on. Most will advise you if you need to sleep it off to do it in the back of the car without the engine on.
Other penalties you can face would be issues with getting jobs in the future or the possibility of losing your current job. For instance, if you lose your license you are not able to drive to work. Some states do have a license that they will allow you to drive to and from work and nowhere else. If you are caught driving with a suspended license you can find yourself right back in court and facing more suspension time and possible jail time.
Whenever you are pulled over and charged with a DUI you need to call your lawyer. They will advise you what to say and do when you have been charged. They can also help you to fight the charges and lessen the penalties you may face. Be sure to always cooperate with the officers and do not fight. Being informed of what penalties you may face is important if you plan on drinking. This will help you to know what you can face if you are charged and/or convicted. Best advice anyone can give you is to always have a designated driver. This will save you many problems down the road.
You may have to take DUI Courses April 16, 2011
Being pulled over for driving under the influence can result in jail times, fines, license suspension and possible DUI courses. Some have to take the courses no matter what the offense it is. If you choose to drink and drive, you should be aware of the possible penalties and punishments you can face if you are convicted. The best thing to do to prevent this is to simply not drink and drive.
When you choose to get behind the wheel while drunk you can be choosing to hand your life over to the police. In many cases you will be caught. There are checkpoints that you may run into that are specifically set up to catch those drinking and driving. If you are pulled over or possibly in an accident then you can face some serious charges.
One of the possible sentencing options is to take DUI courses. You will have to attend classes and have it recorded and reported to the courts that you attended. They can teach you how to drive safely and how to deal with alcohol and driving. If you are told to attend these, you have to do it. There is no option. If you do not attend the courses then you could be brought back into court and face other charges for not attending. You will have to find out the times when the classes are offered and sign up and pay. This could also include paying other fines and even license suspension.
Some people with their first offense may be put on probation and have to attend classes while people with more offenses may have to have jail time plus the classes. There are many different classes offered from driving classes to alcohol addiction classes. Those who have more offenses may be sent to these types of classes to find out why they keep having these charges.
The best defense is not to have the charge in the first place. Be sure to always choose a designated driver, call a taxi or just stay home to drink. These are the best ways to protect yourself and others from possible charges or accidents. If you are charged then the first call should be to your attorney. They can help you to defend the case and possibly limit the sentencing passed down. They can help to prepare yourself for whatever you may face in court and how to prepare your defense. They can also advise you on the best places to take your DUI courses and how you can get them done quickly and in to the courts reporting. Do not drink and drive is the best way to prevent any unwanted penalties. When you choose to drink and drive remember it can cost you more than a little time out of work. It can cost you your job, license and freedom.
Understanding DUI Checkpoints April 16, 2011
Whenever the holidays roll around you may find several DUI checkpoints in your community. These are where the police officers will stop you and check your license, registration and watching out for signs of intoxication.
If you should find yourself in a checkpoint, always cooperate with the officers. They are watching out for signs of drinking and driving and can ask you to pull over if they suspect you are. Often times some communities will tell you where the checkpoints are. If you find yourself approaching one and you have been drinking do not try to turn around and avoid it. Many times if the officers notice you they will pursue you and pull you over. You can get in much more trouble by running than just facing the music. The best way to face these is not to drink at all and drive.
They can ask you to step out and perform field sobriety tests if they suspect you are under the influence. In this case you should cooperate but you may want to ask to talk to your attorney and do not do the tests. Many attorneys advise you not to take the tests in the field, as they are not always accurate. They can bring you in the station and perform tests there and you can talk with your attorney. You must have an attorney who knows the laws and your rights to help you defend any DUI case.
If you are going to drink and you know there are checkpoints then be smart and responsible. Anytime you drink you should always have a designated driver or call a taxi. If you can then stay at home and have your drinks. You cannot always know how alcohol will affect you. If you have taken any medications for a cold or other ailment, one drink could send you soaring over the limit and you technically are not able to drive. What is fine for one person to drink may be too much for another one.
Be aware that these checkpoints are set up with the intention to catch you drinking and driving. Do not take the chance that you could run into the checkpoints or that you could be pulled over. The penalties you can face are very harsh and could include jail time and losing your job. The enjoyment you may feel is not worth the punishment you can be handed out if you choose to drink and drive. Be responsible and know that these checkpoints are out there. They will catch you and you will be charged. If you do decide to drink and drive and you are pulled over, find yourself a good attorney who has the knowledge to help you with this type of case. Be smart and make the decision to have a designated driver and not to chance it. The punishment is not worth a few drinks and irresponsible driving.
When to Call a Military Lawyer November 27, 2010
A military lawyer represents active-duty military personnel, reservists, and former military personnel with veteran status. Most military law cases involve court martial proceedings under the Uniform Code of Military Justice, and the rights of re-employment for reserve military personnel who may be called to active duty. If you fall into any of the above categories, and you have been accused of a crime, you need to call a lawyer who is familiar with these types of cases. Only a lawyer who is familiar with way the military conducts its court proceedings can give you an adequate chance of beating the charges against you.
Your Rights as the Accused
The first thing to remember when you are ever accused of a crime is to remain silent. The rights of the accused in military proceedings says that the accused has the rights similar to civilians in civilian courts. Your other rights include the right against self-incrimination as well as entitlement to know the suspected offenses before any questioning is to begin. Also, as part of your rights, just like in civilian cases, you are provided with the right to free military counsel when questioned as a suspect of any crime.
So when you are ever asked questions in relation to a crime you’ve been accused of, you should always exercise your right to remain silent, and you should ask to see a military lawyer who can help you sort out the situation.
An independent military defense lawyer is offered for free no matter if you can pay for the lawyer or not. You, as the accused, can also hire a civilian lawyer if you choose to pay for it. Or you can even ask for a specific military counselor, who may assist you if he or she is available at the time of your hearing.
You have the right to be represented by your lawyer at the hearing when a determination is made with regards to the pretrial confinement, and during all of the court martial sessions.
The lawyer will help you understand the offense you are charged with, as well as the repercussions you are facing should you be convicted of the charge. Your lawyer’s job is to be by your side every step of the way so that you are adequately defended, and hopefully so that if you are innocent you can be released of all charges.
If You Are Convicted
If you ask for military counsel and you are convicted, all hope is not lost. The military counsel will help you with the appeals process through the military appellate courts and, potentially, all the way to the United States Supreme Court.
Now you know when to call a military lawyer and what to expect if you are ever convicted of a crime if you are active-duty, reserve, or a veteran of the armed forces.
Why You Need an Aggressive Military Lawyer to Represent You in Military Court November 26, 2010
When you are accused of a crime in a civilian court, and you are a first time offender, you can often be let off with probation or even with a slap on the wrist in some cases. However, when it comes to military court, it’s a completely different story. Civilian court can seem like a walk in the park compared to its military counterpart. Even if you are a first time offender, military courts are known for throwing the book at the convicted. It doesn’t matter if you are in the Army, Navy, Marines or Air Force, if you are accused of a military crime, you need to contact an aggressive military lawyer who can defend you adequately against strict military justice.
Your Rights as the Accused
You must understand that military courts handle the rights of the accused in a way similar to civilian courts. That means you have the right to remain silent, the right to military counsel, and you have the right to know why you’re being accused. You should exercise all of these rights the moment you are accused of any crime. Even the slightest statement can give someone the wrong impression that could be used against you in military court. For that reason, exercise your right to silence except to ask for your court provided military counsel.
You typically won’t have a choice in which lawyer is assigned to your case, but you do have the right to select a particular lawyer. That person will then assist you with your proceedings, provided that lawyer is available at the time of your trial. It’s recommended that you ask for the most aggressive lawyer out of the pool available. You want the most aggressive because of the severity of the punishment that’s likely to be handed down should you be convicted of the crime against you.
Depending on the severity of the crime you are accused of, you could be facing a court martial that could end with disastrous results. Or you may just have to pay a fine or take a pay cut, or you could be dishonorably discharged. And, in worst cases, you could face a stiff prison sentence.
Regardless of what you’re facing, an aggressive lawyer who knows his or her way around a military courtroom is your best chance of coming out of this situation with a slap on the wrist.
So if you are a member of the armed forces, and you are governed under military law, if you are ever accused of a crime, take advantage of your right to remain silent and ask for the most aggressive military lawyer who will help you beat the charges you’ve been accused of.
Things to Look For When Hiring a Military Lawyer November 25, 2010
When you are accused of a crime in a civilian court, you are defending yourself against a prosecuting lawyer. It’s that lawyer against your lawyer. While that may be the norm in civilian courts, military courts handle their proceedings a little differently. Instead of pitting your military lawyer against another lawyer, your lawyer is up against the entire United States Armed Forces. That means you need a pretty good lawyer if you hope to beat the charges you’re facing. There are many ways you can go about hiring the best lawyer for the case, but here are a few tips that should help you get a good start on your search.
The armed forces follows strict discipline, and it’s no different in their court proceedings. When it comes to prosecuting one of their own, no matter what the crime may be, they will proceed with that case with the utmost conviction. The armed forces do not tolerate their own to break the law and they will not hesitate to make an example of you. That’s why it’s important to make sure your lawyer knows the law inside and out. The armed forces are going to send a staff that will aggressively try to talk your lawyer down. If your lawyer knows the law, they won’t be able to stump him.
And speaking of sending a lot of staff, the armed forces don’t like to lose. They will attempt to win at any cost. That’s why they will typically send a large staff to try to intimidate any civilian or military lawyer, and also to provide more brain power in order to secure a conviction. So you must ensure that your counsel is extremely aggressive. It shouldn’t be hard to find an aggressive counselor, as they are usually well known for their case results amongst their peers. If your lawyer is aggressive enough, nothing the armed forces sends will intimidate him/her, and you’re more likely to beat the case.
The armed forces will resort to various tactics to try to discredit witnesses, or even to discredit you. For example, they are known for using various government agencies to dig up dirt on witnesses and defendants as a way to prove that they’re unreliable. This has resulted in a lot of court martials and other punishments. So you need to make sure that your lawyer understands all the tactics the government may resort to in order to secure a conviction. Again, the armed forces don’t like to lose, and they will resort to any tactic imaginable to ensure that you don’t beat the case. The right lawyer will always be one step ahead of such tactics, and that can help you immensely whether it’s a regular military court or the US Supreme Court.
Keep these tips in mind if you’re ever accused of a crime and you’re active duty, reserve, or you’re a veteran of the armed forces. The right military lawyer will help you clear your name so that you can keep your rank, pay, status and reputation.
Why You Need to Be Careful About Your Choice for a DUI Attorney November 12, 2010
If you’ve been accused of drinking under the influence, you’re facing a serious dilemma. Depending on how many DUIs you’ve had, as well as the specifics of the case, you could be facing a fine, jail time, or even prison. Whatever the case, you need a DUI attorney. However, not just any attorney will do. This is your record you’re talking about. A DUI carries with it a felony in most cases. That’s not what you want on your record. A felony bars you from certain employment, from living in certain apartments or areas, and it can even keep you from getting a loan. For this reason, choose your attorney extremely carefully so that you can beat the charges against you.
The first thing to realize is that we all make mistakes. You shouldn’t expect your attorney to judge you in any way. In fact, your attorney is there to help you every step of the way. At least a good attorney is supposed to do that. You need a attorney with plenty of experience and plenty of knowledge regarding DUI laws. It’s great to want to help the attorney just starting out, but this is your future we’re talking about. So it probably pays to go with someone a little more seasoned and who’s been involved with, and won, many DUI cases.
Preparing a DUI Defense
Most people think that if they’re accused of a DUI that they’re automatically convicted. This is completely untrue. In fact, there have been many cases where the accused have beaten the charges against them. This requires the DUI attorney to plan an adequate defense. Your attorney understands that you are innocent until proven guilty and can plan a defense such as that your breath test was done incorrectly, that you were pulled over for the wrong reasons, or a dozen other defense points. Your attorney should know about every trick in the book so that he or she can be one step ahead of the prosecution, ready to shoot down any points they may have.
You can usually find a good DUI attorney by asking people you know. Someone knows someone who got in trouble with a DUI in most cases. Unfortunately, it’s a fairly common thing. The important thing is to know when to call a attorney and also what to look for in a good one.
A good attorney should know DUI laws, should know what tricks the prosecution may try to pull, and he or she will groom you to handle court so that everything goes along smoothly. Your attorney is your best friend in cases such as these and so you should have good rapport with your attorney. But as long as your DUI attorney has the aspects above, you have a good chance of beating the charges you’ve been accused of.
Five Ways a DUI Attorney Can Assist You In This Awful Position November 10, 2010
If you’ve been accused of driving under the influence, unfortunately you’re not alone. DUI, unbelievably, is a common occurrence. However, that doesn’t make it any less frightening. When you are accused of a DUI you are facing loss of your job, loss of your living conditions in some cases, and in worst cases your facing loss of your freedom. For this reason, you need to find a good DUI attorney who is skilled enough to beat any of the charges against you. The following are just a few of the reasons why you should find a good attorney.
The Evidence
When you are pulled over and suspected of driving under the influence, you are either given a breathalyzer test or you’re given a field sobriety test. If you are arrested, anything you say during that time will be used against you in court. These are all pieces of evidence that the prosecution will use to convince the court that you’re guilty. They’ll use dash board cams to show you wobbling through your sobriety test, or they’ll present your blood alcohol level from the results of the blood test that was administered upon your arriving at the station.
When all of this evidence is stacked against someone, it gets to be pretty scary. How can you ever stand up against such mounting evidence, even if you’re not guilty? Luckily, an experienced DUI attorney will know what to do whenever a damning piece of evidence is submitted. Faulty breathalyzer machines, inclement weather, witness testimony and more have all been used as ways of getting the accused off the hook.
Avoiding Jail
This should be your number one goal, but jail time is indeed a result of DUI in some cases. Going to jail is no fun for anyone. If this is the first time you’ve been accused of DUI, then you will most likely avoid jail time. But if you have had several DUIs, then jail is likely in your near future. A good lawyer will know how to negotiate with the prosecution to get you a lesser sentence or even to have the case thrown out completely in exchange for certain criteria. These could be a fine, community service, or anything else the two sides come up with. Regardless, this is what you’re hoping for so that you can stay out of jail, and that’s what a good DUI lawyer can do for you.
Other Punishments
The punishments that are handed out for DUI cases are varied. Sometimes it is merely a fine, sometimes it’s probation and a fine, sometimes it’s jail and sometimes it’s even prison. But a good DUI attorney will help you beat the charges so that you can clear your record and avoid jail time if you’re ever accused of driving under the influence.
Should You Hire a DUI Attorney or a Public Defender? November 8, 2010
If you have recently been arrested and accused of driving under the influence, you are facing a dilemma. That is, you might not be able to decide whether to go with a public defender or an experienced DUI attorney. When you’re arrested, you are read your rights. These include the right to remain silent and the right to an attorney. However, the attorney you get in court isn’t always the best available. On the other hand, an experienced attorney is going to be expensive. This is a hard decision to make, but the following tips should help you get through this difficult time.
Public Defenders
A public defender is an actual attorney that is employed by the government to represent the accused who can’t afford their own attorney. So don’t automatically assume that you’re going to get a dud when you’re assigned to a public defender. However, you must understand that most courts have an influx of cases on a regular basis. That means one public defender might have several cases going on at one time. That means he or she has the potential to be stretched too thin or things about your case could be forgotten. So that’s something to think about if you are thinking about accepting the public defender for your counsel in your DUI case.
Private Lawyers
When you select a private DUI attorney, the motivation and attitude is often different. Private attorneys are inherently hungrier for wins in the courtroom and they’re often very crafty. You will want to choose a private attorney with a lot of experience and a great track record so that you can be sure he or she knows their way around a court room. Private lawyers go into great detail about how to get their clients off the hook. That’s because this is their livelihood. A public defender is an employee while a private attorney is self employed. His or her track record will make or break their business. For that reason, you may be getting a better deal when you go with a private attorney in these cases.
The Case of Money
This all being said, it all comes down to what you can afford. When you go with a public defender, you aren’t footing the cost. The tax payers are. But when you choose a private DUI attorney, you are footing the entire cost. And that cost could be very expensive, depending on who you choose. A lawyer with a solid track record and a well known name can charge astronomical prices because people will pay it. DUI cases are that serious.
However, if you can afford a private attorney, it’s recommended you do so. While a public defender will provide you with an adequate defense, a private attorney will make sure you beat the charges at all costs.