Tips To Deal With DWI Charge

When a motorist refuses to submit to a lawful DWI test, his driving privileges will automatically be suspended in most states. If it is the driver’s first offense, the period of suspension typically lasts between one and six months. If he agrees to a sobriety test and his blood alcohol content (BAC) is over the legal limit of 0.08 percent, he will be arrested on the spot.

Even for a first offense, a driver may face expensive fines and the possibility of jail time. At the very least, his license will be suspended and/or he will have to pay an often hefty fine. Depending on how much alcohol the motorist had in his system, he may also be sentenced to up to one year in jail and/or one year of probation. It is for these reasons that it often makes sense to fight the charges in court.

Legal Options

Challenging a DWI charge may not be easy, but there is hope. If, for example, the arresting officer did not follow proper procedure, it may be possible to get the charges dismissed. Depending on the facts of the case, an experienced defense attorney may utilize any or all of the following legal strategies: challenge the procedure, challenge the field sobriety test, challenge the breathalyzer results, suppress the driver’s statements — if they were incriminating. It may also be possible to challenge the actual stop. Why?

As hard as they work and as tough as a job they have, police officers sometimes cut corners. They occasionally stop drivers based solely on a hunch. If a traffic cop had no legitimate reason to stop you, it may be possible to get the charges thrown out, even if you were operating a motor vehicle under the influence!

How To Proceed

In most states, a motorist has a limited amount of time to request a formal review hearing, where his attorney can officially contest the suspension of his driving privileges. If the suspension is not contested, fines, probation, and possible jail time may ensue. Because the penalties associated with a first offense are manageable for most motorists, they seldom contest their suspension.

By comparison, most drivers who have a record speak to a defense attorney before they agree to anything. In some cases, it may be possible for an experienced attorney to get a plea bargain that helps the defendant avoid jail time. At the very least, an attorney can give helpful legal advice in a time of need.

If you have been charged with drunk driving, an experienced DWI attorney may be able to help.

 

Tips To Hire DWI Lawyers

The US law strictly prohibits anyone to drive a motor vehicle when he is intoxicated with alcohol. In some states, this violation is called Driving Under the Influence or DUI while in other places, this is known as Driving While Intoxicated or DWI. Drivers who are arrested as DUI or DWI suspects usually hire the services of a certified DWI lawyer. This attorney can defend them in related cases, and also represent them during legal procedures.

A DWI lawyer is, primarily, an attorney with the license to practice law where the suspected offense happened. Just as other legal professionals specialize in cases involving personal injuries or domestic violence, DWI lawyers choose to focus on cases concerning people that have been accused of drunk driving. In general, this means that these lawyers are well versed with the language as well as the application of the DWI laws of the state. They are confident that they can successfully defend their client and win the case.

A county deputy or police officer who is on duty can assess whether or not a driver is too drunk to drive, based on his/her behavior on the street. While the traffic is on a stop, the officer can let the driver undergo a couple of field tests to determine his/her response time, coordination and coherence. When the officer finds out that the driver is too drunk with alcohol to drive properly and safely, the driver will be asked to puff into a breathalyzer. This machine has the capacity to measure the amount of alcohol in the bloodstream of an individual.

In case the test results fall in between.08% to.10%, the driver can face DWI charges and can be brought to a police station to undertake a blood test. He can be detained in jail from a few hours to a number of days, until he/she appears for the first time before a judge. By this time, the suspect can hire the services of a DWI lawyer to represent him/her during the trial, and in the meantime, arrange for his/her release before the said date.

The process of establishing the legal impairment of a person while driving may be simple. However, it is usually more challenging to successfully prosecute a DWI suspect. In this regard, a DWI lawyer has to study the necessary documents and test results related to the case. In addition to this, he will invite certain people for questioning, such as the suspect, possible witnesses, arresting officer and lab technicians to know the chain of events, and gather evidence.

While the case is on trial, a DWI lawyer can interrogate the officer regarding the legality of the arrest, and perhaps ask if he has clearly pointed out the rights of the defendants, as an example. The field tests that showed intoxication may have been carried out under unfavorable conditions or uneven ground. During the traffic stop, the defendant may have been over fatigued or suffering from health issues, like hypoglycemia or diabetes.

 

The Differences Between DWIs Versus DUIs

It is scientifically proven that any amount of alcohol consumption affects your coordination, mental thought process, and reaction time, which all affect your ability to safely operate a motor vehicle. Many states, including the state of Missouri, have a zero tolerance law that strictly mandates how the police handle certain situations.

What does Zero Tolerance Mean?

A zero tolerance law means that anyone pulled over driving a vehicle whose blood-alcohol level is over the legal limit – in Missouri’s case of .08% – will automatically be charged with a criminal ticket.

This law also severely penalizes anyone under the legal age of 21 caught driving under any percent influence of alcohol or drugs. Anyone under 21 who receives this charge could automatically lose their license and be required to go to traffic school.

The Different Offenses

When charged with this offense, there are several different terms that could be used on your criminal ticket. These are: DWI, which stands for Driving While Intoxicated; DUI, which means Driving Under the Influence; and DUID, which stands for driving under the influence of drugs.

Although each of these charges is fairly similar to the other two, as they all encompass some form of driving illegally while impaired by alcohol and/or drugs, the level of severity of the charge differs in certain states. If you live in an area of jurisdiction that classifies these charges separately, here is what the different charges could mean for you:

The DWI

The DWI, or Driving While Intoxicated, is the most serious charge of the three. This charge indicates that the offender experienced obvious impairment, and his or her blood-alcohol level was well above the legal limit.

This charge is very difficult to reduce to a DUI with a plea bargain, as the offender completely disregarded the law and endangered other people.

The DUI

The DUI, or Driving Under the Influence, is a slightly less severe charge than a DWI. The legal technicality of the term DUI indicates that the person charged with this offense had a lower level of impairment than someone charged with a DWI.

This charge means that when the offender was pulled over, he or she was only slightly above the legal blood-alcohol limit. This charge is more likely to be reduced with a plea bargain; however, it is highly unlikely that the offender will walk away scot-free.

The DUID

The DUID, or Driving Under the Influence of Drugs, is slightly more difficult to categorize as many states have different laws and regulations. No matter what state you are in, it is illegal to operate a vehicle under the age of 21 with a traceable amount of drugs in your system.

Some states have a “per se” law that makes it illegal to operate any type of vehicle with a detectable amount of drugs in your body, while others have a zero tolerance law that could result in a suspended license. Although Missouri does not have this law, surrounding states such as Illinois do.

Any type of impaired driving is extremely dangerous and can harm yourself and other people. No matter what type of charge you receive, it is very important to acquire legal help. A lawyer is much more capable and qualified to deal with these charges than you are, and he or she has a much better likelihood of reducing a charge.

 

Information About Construction Zone Traffic Law and Ticket Types

During the summer months, construction zones can make traveling by car a hassle. Not only do construction zones increase your travel time as you have to slow down to pass through them, but it can also create traffic jams in typically un-congested areas.

Despite how inconvenient it may be, traffic construction is necessary to keep the motorways in adequate condition. Although it may be frustrating to travel through construction zones, it is important to follow the traffic laws as it protects other motorists and the construction workers as well.

Distracted Driving Laws

Distracted driving laws vary from state to state, and when traveling through multiple states, it’s important to know and understand the laws in the surrounding states.

One of the biggest distracted driving culprits is cell phone use. In many states, cell phone use is illegal when driving. Even if a state may not prohibit cell phone use in normal areas, construction zones usually have additional restrictions on phone usage to reduce the likelihood of distracted driving.

Construction Zone Tickets

There are multiple types of tickets that you can receive in construction zones, and the most common ticket is a speeding ticket. With the reduction of speed limits for extended lengths of the road – and some areas that are poorly marked – it becomes difficult for you to know where a construction zone begins or ends.

There are two main types of speed limit reductions in construction zones. The first is an actual, photo-enforced speed limit, work zone reduction. This is a newer development that has made its way into the work zones as states have updated their laws to use speed cameras and radar guns to catch speeding motorists. This speed reduction is enforced throughout the entirety of the area, even if workers are not present.

The second type of speed limit reduction is a stated limit that applies only when workers are present. There are usually flashing lights or indicators on the speed limit signs that indicate when workers are present, which helps drivers know when to abide by the speed limit. These limits could also be photo enforced, but it is more common that a police officer is there to ensure that motorists follow the speed limit.

Handling a Ticket

If you have received a ticket in a working area, you will be subjected to a higher fine and steeper punishment. You will also most likely have to appear in court and could receive a large penalty for endangering motorists and workers.

Dealing with these types of ticket can be very difficult, and it is best to find someone who regularly handles these situations. Find a lawyer who knows and understands the specific traffic laws for your area, and let them work on your behalf.

From the beginning, the Traffic Law Headquarters has subscribed to a different philosophy-client satisfaction is #1 priority. Since the establishment of the Traffic Law Headquarters in 2000, we’ve earned a loyal client following as a result of hard work, high quality results, and reasonable attorney fees. Sixteen years later our philosophy hasn’t changed! e represent clients throughout the State of Missouri for traffic tickets, DWI offenses, criminal cases, appeals to the Department of Revenue concerning driver license suspensions (5 year denials, 10 year denials, etc.), arrest and criminal record expungements, reversing traffic guilty pleas, and injury cases.

 

Tips For Criminal Defense

There is a common myth that your DWI arrest will be reduced to a lesser charge if you refuse to take the breath test or perform the field sobriety tests. This simply isn’t so. In many instances there is additional evidence that the police can rely upon to support a conviction even when you refuse these tests. For starters, the police will have the traffic infraction that they can rely upon for coming into contact with you. Here, they will argue that your manner of driving was so erratic that once could only conclude that you were impaired. Secondly it is very common for police officers to describe their interactions with you in a manner suggesting your impairment. For example, the police will claim they could smell the odor of alcohol on your breath; your eyes are red or glassy; and that your speech was slurred. These observations are independent upon whether or not you took any of the field sobriety tests or the breathalyzer test. Thirdly, should the police officer observe any open containers or drugs in your car that too will be documented and used as evidence to support a conviction even when you do not take any tests. Lastly, the typical DWI arrest require the police to engage the driver in their standardized questionnaire. Unfortunately, many individuals that have refused to take any of the DWI tests still answer these questions and, in doing so, admit drinking and specify the type and quantity of alcohol consumed. This is evidence that you are driving under the influence of alcohol.

It is important to keep in mind that the police are trained evidence collectors. As you can see, the police are building a drunk driving case against you the moment you were pulled over until the time you are booked into the jail. You may not have taken any tests but, unbeknownst to you, every action and question posed by the policeman is designed for you to incriminate yourself. The driver’s taking and failing the DWI tests is simply icing on the cake. So, is there any hope in beating a drunk driving arrest? Yes.

The best defense available is relying upon the police officer’s video of your arrest if it exists. This is the closest way of making the judge or jury eye witnesses to your case. Many police dash camera’s begin recording once the police car’s lights and sirens are activated and some programs track back a minute or so beforehand allowing the view to see what the officer saw when he decided to make the traffic stop. Amazingly, the erratic driving isn’t has bad a reported by the officer and, in some instances, do not show a traffic violation at all. If the traffic stop can be challenged, the entire case can be dismissed for a lack of evidence. Also, the video allows the court to observe your actions as you approached the police officer. Did you need your car for balance? Were you swaying? Was your speech slurred? Could you engage the officer in an articulate conversation? In other words, use the video to contradict the police officer’s conclusions that you actions were consistent with someone who was drunk. Show the court that your actions were normal. In essence, use the video to win the credibility war between your profession of innocence and the cop’s conclusion of your guilt.

If the video is helpful and you refused to take any of the DWI tests, you place yourself into the best position to obtain either a charge reduction or an acquittal of your DWI arrest.

 

How To Defeat DUI Charges

A DUI charge is also called DWI (driving while intoxicated) in certain states. So if an officer of the law suspects that you have been driving a vehicle while intoxicated, you can be charged with this offence. It is up to you to fight this DUI with a good defense attorney so that the case is dismissed or the sentence is reduced.

How to Beat the Charges

For a DUI, it is essential that the prosecution proves beyond a reasonable doubt that you were driving while being intoxicated. But a number of errors can occur during the process of collecting evidence.

If any of the evidence can be discredited, they will not be allowed to present it during the course of the trial. Without adequate proof, you cannot be charged. So the evidence and charges must be challenged if you want any chance of suppressing them. If they haven’t been challenged, the law officer will not have to prove the evidence so you could be found guilty.

This same theory applies to any kind of traffic violation. If there is no proof, no charges will stick. So if they cannot make anything stick, you will be able to keep your driving privileges and the case will be dropped. You can even challenge a license suspension if your license has been suspended.

Hiring a Good Attorney

If you have been arrested for driving under the influence of alcohol or drugs, you can face some serious charges. Not only could you lose your driving privileges, face a fine and even look at jail time but if you are found guilty of this crime, it will follow you for the rest of your life.

Whether during your college applications or even a job interview, you could be at a major disadvantage if you have been charged with DUI. So instead of writing it off, hire a good defense attorney as soon as you have been charged with the offence.

A good attorney is one who has experience in this field and a good record of getting cases dismissed. The sooner you hire them, the better your chances are of fighting the case because they will have time to go over all the details of the incident, collect evidence and then advise you throughout the process. Even if they can’t manage to get all the charges dismissed, you will still have a chance of getting a reduced sentence.