Phoenix DUI Attorney

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Guide to Dealing with a DUI/DWI Charge

2009-11-25T05:05:00.000-08:00

State DUI Charge Laws Vary

SOURCE: http://www.lawfirms.com/resources/dui-and-dwi/dui-basics/charge-guide.htm

Driving under the influence is a criminal charge and the laws regarding driving under the influence vary from state to state. The laws vary with regard to the amount of alcohol or drug in a person’s system which defines influence, or intoxication as well as the arrest procedures and possible penalties. All states have some type of statute dealing with this criminal offense. In addition to DUI, there is DWI which is typically referred to as “Driving While Impaired.” The difference in the two offenses is usually the amount of alcohol or drug present in a person’s system at the time of arrest. Some states also have specific laws to deal with drivers who have a combination of drugs and alcohol in their systems at the time of arrest.

You can find all DUI state laws at each state’s website for statutes. Cornell University Law School hosts a free website with links to each state’s statutes by topic.

Legal Definition of Driving

Most states define “driving” as operating or having actual physical control of a vehicle. A passenger who is intoxicated could not be charged with DUI. Typically the person charged is the driver of a vehicle. If a driver were somehow incapable of driving and the passenger took control of the vehicle while under the influence of drugs or alcohol, then the passenger would have actual physical control of the vehicle and could be charged with DUI. If a police officer cannot prove who had actual physical control of a vehicle, a charge cannot be made.

In order to have sufficient proof of "driving" a person must be in a vehicle which is being "operated." If a person happened to be sitting in the driver’s seat of a parked car and was intoxicated, that person could not be charged with a DUI. A running engine would not be enough to prove someone was “driving under the influence.” There is no criminal offense of “intent to drive while impaired”, so for a person to be charged, he must actually be operating a vehicle while impaired by drugs or alcohol.

Legal Definition of Drunk

The legal definition of drunk varies from state to state but all states measure “drunk” by testing the level of alcohol, or other drug, in a person’s blood, urine or breath. Allowable methods of testing vary from state to state. Most state laws establish that a level of .08 percent blood alcohol concentration is enough to be charged with Driving Under the Influence. Charges and penalties increase in severity as the level of blood alcohol concentration increases. Again, states vary in the level increases which affect changes in penalty or charge. In Arizona, anyone with a blood alcohol concentration of .20 or more can be charged with a felony rather than a misdemeanor and will be subject to automatic increases in jail time and fines.

Difference Between "Drunk" and "Under the Influence"

“Under the Influence” does not mean that a person is drunk. It means that a driver’s ability to drive is impaired by any amount of drug or alcohol. Even some prescription medication can make a person so drowsy that it impairs his ability to safely operate a vehicle. A combination of medication and alcohol is often a cause of impairment for drivers. In most states, a driver under the legal drinking age can be charged with a DUI if he has any amount of alcohol in his system, even just a trace amount.

How to Find DUI Checkpoints

2009-11-23T01:01:00.000-08:00

Step 1

Watch the news every morning and evening for announcements of DUI checkpoints. Since law enforcement agencies are required to disclose the location of sobriety roadblocks prior to the event, news stations will often report them for your convenience.

Step 2

Read the daily newspaper for your city or town. There might be a section in the local section dedicated to DUI checkpoints, or they could be in another section altogether. You can also look for them under alternative names, such as "DWI Checkpoints" or "DWI Roadblocks".

Step 3

Visit websites that are dedicated to informing the public about DUI checkpoints, such as the Road Block Registry (see Resources below). These websites will give you advance notice of sobriety roadblocks, including the intersection at which they will be conducted, the date and the time.

Step 4

Call your local law enforcement agency to find out when upcoming DUI checkpoints are scheduled. They may or may not release this information, and they may have no plans for sobriety roadblocks, but it doesn't hurt to ask.

Step 5

Look for lots of flashing police car lights when you are driving between 9 p.m. and 2 a.m. These are the hours during which officers are most likely to set up DUI checkpoints because the bars are open and because most people are not at work. p 5

Phoenix DUI Attorney Explains Criminal Penalties

2009-11-20T04:32:00.000-08:00

The penalties imposed for DUI convictions in Arizona depend on a number of factors including blood alcohol level and other aggravating circumstances. A first offense with a BAC of 0.08% to 0.15% can lead to 10 days in jail, 90-day license suspension, $250.00 fine, $500 assessment cost, counseling, and up to 5 years of probation. If your first offense involves a BAC of 0.15% or greater, you can face 30 days in jail, $2,000 in fines, 90-day license suspension, counseling, up to 5 years of probation, and installation of an ignition interlock device in your vehicle. If you commit a subsequent offense within a
5-year period, the penalties increase. For a second offense, you can face 90 days in jail, $2,000 in fines, one-year license revocation, counseling, installation of ignition interlock device in your vehicle, and up to 5 years of probation. Second offenses that are considered extreme can carry penalties of 120 days in jail, $2,000 in fines, one-year license revocation, counseling, probation of up to 5 years, and the installation of an ignition interlock device in your vehicle. If you commit a third offense, the penalties are even harsher. They can include a mandatory four months of prison time, up to $150,000 in fines, 3-year license revocation, counseling, up to 5 years of probation, and forfeiture of your vehicle. Having a DUI attorney Phoenix on your side is the only way to have a chance of avoiding these penalties and winning your DUI case.

Phoenix DUI Defense Attorney: Dependable Representation

2009-11-14T12:01:00.000-08:00

In the state of Arizona, a DUI conviction can result in harsh penalties such as jail time, excessive fines, and probation. Depending upon the nature and extent of your DUI charge, you could lose your Phoenix driver’s license for months, years, and in some cases forever. You don’t have to face your DUI charges alone, and by hiring a qualified and experienced Phoenix DUI attorney you will have legal support that is vital to the success of your case.

By involving a Phoenix DUI attorney as early as possible, you will have the best chance of getting the charges against you reduced or dropped. In Maricopa County, Drunk Driving is a serious offense and can result in many long term consequences, not to mention a criminal record. No matter what specific offense you have been charged with, Joshua S. Davidson will find the best way to address the charge.

After you or someone you know has been charged with any type of DUI in Arizona, you are probably facing many confusing questions. Will my license be revoked or suspended? Will I be able to get myself to work or to school? What if my child was driving my car when he got his DUI? These are all valid questions and you should be able to get the answers you need. Joshua S. Davidson is dedicated to providing you with the information and legal representation that you need when you or a family member has been charged with drunk driving. Contact Joshua S. Davidson today if you have questions or concerns about your DUI charges.

Phoenix, Arizona Drunk Driving Defense Lawyer

2009-11-14T11:55:00.000-08:00

Have you or someone you know been arrested for DUI in Phoenix, Scottsdale, Glendale, Mesa or Tempe? If the answer is yes, then you most definitely need to seek the help of a qualified Phoenix DUI Attorney. There are a lot of facts that need to be considered when defending someone who has been charged with drunk driving. Between breathalyzer tests, blood alcohol tests, and field sobriety tests, getting your DUI charge dropped or dismissed may seem hopeless. As an experienced Phoenix DUI Defense Attorney, Joshua S. Davidson has seen many alternative outcomes to a DUI charge, and many occur as the result of a thorough examination of evidence. If you failed any of the different types of sobriety tests, it does not mean your case is over. There are many options to be explored and the best thing to do is contact an attorney who can explore these options with you.
Joshua S. Davidson established his Phoenix Law Office in 2005, concentrating in Criminal Defense and DUI Defense. Before launching his current Law Firm, he worked as a prosecutor in Maricopa County, where he was responsible for handling numerous criminal offenses, including DUI. His time as a DUI prosecutor proved to be very valuable, and as a criminal defense attorney he is able to see both sides of a case and can provide a more effective defense strategy as a result.

DUI Arrest Statistics

2009-10-26T16:37:00.000-07:00


YEAR	JAN	FEB	MAR	APR	MAY	JUN	JUL	AUG	SEP	OCT	NOV	DEC	YTD TOTAL
2008	571	562	603	549	592	511	516	509	572	615	565		6,165
2007	488	504	615	642	646	700	660	638	649	573	547	719	7,381
2006	601	611	652	658	606	775	704	611	644	551	517	651	7,581
2005	632	629	643	669	622	685	747	684	677	631	596	734	7,949
2004	732	680	680	766	750	723	837	690	722	660	636	697	8,573
2003	734	594	846	698	781	817	737	908	789	758	691	673	9,026
2002	687	609	754	685	795	825	731	803	730	668	717	773	8,777
2001	677	644	708	679	684	761	718	701	711	717	647	748	8,395
2000	788	662	774	730	753	771	762	814	740	718	798	786	9,096
1999	816	658	701	672	756	711	769	683	765	790	717	771	8,809
1998	805	695	745	791	924	791	801	830	713	839	814	814	9,562
1997	680	641	721	689	748	777	707	768	639	703	741	750	8,564
1996	625	613	680	589	690	752	691	716	675	638	711	689	8,069
1995	520	497	534	526	488	554	598	577	708	656	658	644	6,960

Arizona Drunk Driving Lawyers

2009-10-06T06:18:00.000-07:00

If you've been arrested for driving under the influence in Arizona, you need an experienced DUI attorney to protect your rights. Arizona has stringent DUI penalties. You face the possibility of incarceration, fines and assessments, alcohol screening and counseling, suspension or revocation of your driving privileges and ignition interlock requirements. It sounds intimidating, but it doesn't have to be. With the right Arizona DUI attorney, your arrest need not result in a conviction.

Our experience with the Arizona courts, knowledge of Arizona DUI laws and proven DUI defense strategies is the answer. We are committed to protecting the rights of our clients charged with DUI,BAC of .08 or More Within Two Hours of Driving and Extreme DUI. Our law practice is devoted to DUI defense, and each case is a priority. We are committed to providing each of our clients aggressive and effective representation.

Each case offers a variety of possible defenses that could result in the DUI criminal charges being reduced or, in some cases, dismissed, but only an experienced DUI lawyer knows the right course of action. We will prepare the best defense strategy for your case, and guide you through the complexities of the criminal and civil aspects of your pending DUI charges.

During the course of a DUI investigation the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your Arizona DUI case. What many people refer to as a "technicality" or "loophole" with your DUI defense, is actually a way of using the constitution to protect your rights. Our aggressive Arizona DUI lawyers have spent years developing techniques that are designed to dismantle the toughest DUI cases throughout the state of Arizona including cities such asPhoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Peoria andGlendale.

What You Should Do If Accused of a DUI

2009-09-20T15:33:00.000-07:00

If you have been stopped for a DUI or DWI, by DWI laws in most states, the officer will immediately confiscate your license. In most states, a DUI or DWI is a misdemeanor offense, punished by fines and license suspensions. If you have caused an accident, injury or fatality while driving under the influence, DWI and DUI laws allow for much more severe consequences. More severe punishments may also be imposed under DUI law for repeat offenders.

If you have been accused of a DUI or DWI, the officer will confiscate your license, and you will be taken to the police station for processing, including a search, fingerprinting, and mug shots. Your license will be immediately suspended; however, in some states you may be able to schedule an administrative hearing to acquire a temporary license until your trial.

While the consequences of a DUI or DWI are quite severe, if you were in the wrong, you may simply choose to plead guilty and accept your punishment. In some states, you may be offered the option of taking classes to reduce the penalties associated with your DUI or DWI. If you feel the charge was unfair or inaccurate, you will likely need a lawyer specializing in DUI law and DWI laws.

Phoenix Arizona DUI Law Explained

2009-09-16T01:41:00.000-07:00

Driving under the influence of any drug or alcohol is a very serious crime in Phoenix.

There are several categories of drunk driving charges in Arizona.

A Phoenix DUI case case may be brought as a felony or as a misdemeanor. For arrests in the city of Phoenix, misdemeanors are prosecuted by the Phoenix City Attorney and heard in Phoenix Municipal Court. For felonies in the city of Phoenix, and in all other cities in Maricopa County, you are prosecuted by the Maricopa County Attorney's Office and your case will be heard in Maricopa County Superior Court.

Misdemeanor Phoenix DUI Charges

It is illegal to drive or be in actual physical control of a motor vehicle in Phoenix (and anywhere in AZ) while:

Garden Variety DUI: You are mpaired to the slightest degree by alcohol or drugs.

Commercial DUI: Your alcohol content above 0.040 and you are driving a commercial vehicle.

Minor DUI: You are under 21 years old with any alcohol in your system.

Per Se DUI: Your alcohol content above 0.080 within 2 hours of driving.

Extreme DUI: Your body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.

Super Extreme DUI: Your body alcohol content of .200 within 2 hours of driving.

Drugs DUI: You have an illegal drug OR its metabolite in your system (it is not required that the drug impair you in any way).

Felony Phoenix DUI Charges

It is a very serious felony in Phoenix to commit any of the above misdemeanors while any of the following apply:

Aggravated DUI Priors: You have two or more prior DUI convictions in within 7 years of your arrest.

Aggravated DUI Restricted License: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Phoenix.

Aggravated DUI with Child in Vehicle: You have a child under 15 years old in your vehicle.

Seatbelts, Cellphones, Handguns Addressed in New Texas Traffic Laws

2009-09-07T13:07:00.000-07:00

The Texas Department of Public Safety (DPS) has issued a summary of new traffic laws passed by the Texas Legislature that are set to become effective Sept. 1, 2009.

Among those laws that may affect the property casualty insurance industry are:

Seatbelts: HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.

SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.

Driving: HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.

HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.

HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.)

HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident.

SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.

Concealed Handguns: HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.

HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)

HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder's failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.

Driver License: HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual's 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving, prohibited use of wireless communication devices and a limited number of passengers.

HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 and creates an adult driver education requirement for applicants older than 18 and younger than 21.

SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)

SB 328 gives DPS the power to suspend a minor's driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter 524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100.

HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile's driver license or permit to be suspended.

HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant's residence address has also been provided, with some exceptions.

Motorcycles etc.: SB 1967 requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program.

Current law requires a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. As of Sept. 1, the minimum amount is removed.

The bill requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The law also increases the penalty for failure to yield the right-of-way if there is a crash that results in injury to a person other than the motorcycle operator.

Vehicle Inspection: SB 589 requires that a vehicle equipment safety compliance label be placed on a windshield, side or rear window stating that the window tinting complies with the appropriate provisions of the Transportation Code. Failing to place the required label on the vehicle could lead to a $1,000 fine.

ARTICLE SOURCE: http://www.insurancejournal.com/news/southcentral/2009/08/12/102968.htm

DUI/DWI Auto Accidents

2009-09-06T05:32:00.000-07:00

Arizona Personal Injury Lawyers for DUI/DWI Car Accidents

Driving under the influence (DUI), also called driving while intoxicated (DWI), drunk driving, or drinking and driving, has received increased attention over the past few years. In Arizona and nationwide, DUI/DWI laws have become stricter, as governments have realized how dangerous drunk driving is. These stricter laws have made punishment more severe and lowered the blood-alcohol content (BAC) level necessary to create a presumption that a person was driving under the influence.

In 2006, there were 13,470 fatalities in crashes involving alcohol-impaired drivers. This accounted for 32% of all fatal crashes. It is estimated that 3 in 10 people will be involved in a DUI-related accident in their lifetimes.

If you have been injured or someone you love has been killed by a drunk driver, we can help. Solomon and Relihan are Phoenix injury attorneys with 30 years of experience helping accident victims in Maricopa County and throughout Arizona.

Causes of DUI Accidents

Though DUI is commonly associated with alcohol, it can refer to any type of impairment. This includes illegal drugs, prescription drugs, and even over-the-counter medications.

Additionally, in a DUI-related collision, the impaired driver may not be the only one at fault. Others who may have contributed to the driver's impairment, such as a bar which served the intoxicated driver, may also be held responsible. That is why Solomon and Relihan begins every case with a thorough investigation of the facts and law involved to identify all possible causes of the accident and the injuries you have suffered.

Signs of DUI

Impaired drivers are very dangerous, and you should be on the lookout for them in order to protect yourself and your passengers. Here are some signs that a driver is under the influence of drugs or alcohol:

Making extremely wide turns
Straddling lanes or lane markers
Passing too closely or almost striking another object or vehicle
Weaving and drifting
Swerving or turning abruptly or illegally
Driving on the wrong side of the road or on the shoulder
Driving 10 mph or more below the posted speed limit
Following other cars too closely
Braking erratically or stopping at green lights or other inappropriate places
Slow response or failure to observe traffic signals
Turn signals are inconsistent with driving actions
Accelerating or decelerating rapidly
Driving without headlights

SOURCE: http://www.solomonrelihan.com/CM/Custom/DUIDWI-Auto-Accidents.asp

Arizona DUI Laws: Second Offense Impaired to the Slightest Degree or BAC above .080

2009-09-01T19:33:00.001-07:00

Jail:
Range of 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.
Fines & Costs:
Aproximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License:
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months after license reinstatement.

SOURCE: http://www.duiarizona.com/Law/Penalties/penalties.htm

First Offense Impaired to the Slightest Degree or BAC above .080

2009-09-01T19:09:00.000-07:00

Jail: Range of 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

Fines & Costs:
Aproximatey $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
License:
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court may order you to perform community service in addition to any other penalty imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months.

SOURCE: http://www.duiarizona.com/Law/Penalties/penalties.htm

Defense Against a Driver's License Suspension or Revocation

2009-08-30T13:12:00.000-07:00

One of the major consequences of a DUI offense and conviction is the suspension of your driving privileges. You face a driver's license suspension or revocation by an action of the both the court and Department of Motor Vehicle (DMV). You have fifteen days to request a hearing with DMV to contest a driver's license suspension or revocation.

In order to best protect your driver's license, call the Phoenix, Arizona, Law Offices of Howard A. Snader, LLC at (480) 559-8218. Lawyer Howard Snader has defended people throughout the cities of Phoenix, Mesa, Gilbert, Tempe, Scottsdale, Glendale, Peoria, Chandler, Casa Grande, Kingman, Prescott, Cottonwood, Flagstaff, Kingman, Avondale, Litchfield Park, Surprise, Yuma, Apache Junction, and Goodyear.

Depending on the number of your prior DUI convictions, you may lose your license from anywhere from 90 days to three years. As a Criminal Law Specialist Certified by the Arizona Board of Legal Specialization, attorney Howard Snader will represent you during a Department of Motor Vehicle license suspension hearing.

Although winning the hearing is difficult, you still should request a DMV hearing before an administrative law judge because:

The request will delay the actual suspension of your driving privileges until after the hearing
Howard Snader will have the opportunity to question the arresting officer under oath at the hearing
Your insurance premiums will rise less from a DMV suspension then they would from a court order license suspension

Restricted Driver's License

If your license is revoked, you may qualify for a restricted, limited use driver's license. Depending on the number of DUI charges on your record, whether your DUI was a regular or extreme DUI, and whether charged as a felony, you may petition the DMV for a restricted license after a period of time. If revoked for 90 days, you may petition the hearings officer for a restricted license after 30 days. To learn more about DMV hearings contact the Law Offices of Howard A. Snader, LLC.

Aritcle Source: http://www.notcriminal.com/PracticeAreas/Save-Your-Drivers-License.asp

Arizona Drug DUI Defense Lawyers

2009-08-28T17:06:00.000-07:00

Arizona laws are harsh on people caught driving under the influence of drugs. In Arizona, it is illegal for a driver to have any amount of drugs in their system while operating a motor vehicle. And, if the police even suspect that this may be the case, they can request a urine or blood test for drugs.

If you've been accused of drug DUI in Arizona, you need an experienced defense attorney — fast. The attorneys at Cates, Hanson, Sargeant & Rakestraw have years of experience. They use their skill and knowledge to prepare strong defenses for serious crimes.

The Consequences of a DUI Drugs Conviction

If you are convicted of a DUI drugs offense in Arizona, the consequences are harsh. Your driver's license will be automatically revoked and you will not be eligible for a work permit. You will also be prohibited from reapplying for your driver's license for one year — far more time than the 90 day suspension period for an alcohol-related DUI.

When Addiction is Involved

At Cates, Hanson, Sargeant & Rakestraw, we understand that many drug and DUI charges happen because of addiction. We have experience working with drug and alcohol addiction-related issues affecting criminal matters as well as family situations. We use this experience to help you find legal solutions that are right for you and your family.

You Won't Stay Out of Jail by Just Reading About it on the Internet

If you want to read about the law on Drug DUI, the Internet is a good place to start. But, when you or someone you care about have been arrested, you need to do more. You need to get real information from a lawyer about your specific case. And you need a successful defense strategy that keeps you out of jail.

duilawyer4u.com

First Offense DUI

2009-08-26T15:07:00.000-07:00

Maricopa County / Metro Phoenix Defense Attorney in First DUI Offenses

If you have never been arrested for drunk driving, the prospect of conviction can be very frightening. With your driver's license at risk and many other serious consequences, a first offense for driving under the influence requires a skilled and experienced attorney.

A DUI Charge Can Have Serious Consequences

You will be facing a criminal charge for Driving Under the Influence (DUI) if you have a blood alcohol content of .08 or greater. If you are under 21 or have a commercial driver's license, you could be charged with Impairment to the Slightest Degree if you have a blood alcohol content less than .08.

f convicted of impaired driving or DUI, you will:

Serve 10 days in jail (court may suspend up to 9 days and require a minimum of 24 hours with drug/alcohol evaluation and completion of mandatory treatment program)
Fines and costs exceeding $1,500
90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
Ignition interlock device on car for a minimum 12 months after license reinstatement
Possible impoundment of your vehicle

Other penalties can include court-ordered alcohol counseling and traffic survival school, community service, probation, and/or restitution.

Challenging a First DUI Offense

The decision to go to trial to fight a DUI / DWI depends on the evidence against you, the jurisdiction where you are charged, and any previous convictions you have for other crimes.

We can challenge the legality of the traffic stop and field sobriety tests, the results of Intoxilyzer blood alcohol testing, the qualifications of the arresting officer, or errors in the chain of custody of evidence. If there is a solid argument in your favor, the prosecutor may agree to dismiss the DUI charge, allow you to plead to a lesser charge, such as reckless driving, and/or dismiss other charges.

As an experienced Phoenix DUI offense attorney, I will give you an honest opinion of whether you should take your case to court or try to negotiate a plea agreement. I practice in all municipal and justice courts of Maricopa County, and I know the requirements placed on prosecutors. I will always fight for the best possible outcome in your case.

When it is time to request reinstatement of your driver's license, or if you are later charged with another DUI or any criminal offense, I will be there for you.

source: duiaz.com

Phoenix DUI attorneys: Hidden facts on DUI’s!

2009-08-24T09:24:00.000-07:00

Being arrested for a DUI, also known as “Driving Under the Influence” may become stressful and difficult to handle. Nonetheless, the hardest step is to find the correct Phoenix DUI attorneys for your case. This is why, having as much information as you can about any possible actions and paths to take is the first and most important phase in progressing with a pending case. This article will explore the many demanding aspects of being charged for a DUI in the state of Arizona.

There are many mistakes which one can make during a routine sobriety test. Many people prematurely plead guilty due the charges based on a failed breath or blood test, without knowing that this may later on scrutinize their case. Phoenix DUI attorneys will help you understand this and offer assistance on what the correct steps are to avoid answering impulsively. In such cases Phoenix DUI attorneys advise not to incriminate themselves and plead Fifth Amendment.

However, the truth is that officers may make grave mistakes that can counter a DUI charge. Many Phoenix DUI attorneys have thrown out cases due to improper field test procedures. Where officers do not follow proper procedures and make concessions in the proper way of administering and scoring tests. Phoenix DUI attorneysshould make inquiries on whether the correct course of procedure in applying sobriety tests were given to the charged victim.

Hundreds of DUI cases have been dismissed due to using correct Phoenix DUI attorneys. A case that may seem to hold long and tedious court dates and fines may just very well disappear; if Phoenix DUI attorneys find there is reason to dismiss your case due to improper methods or lack of evidence.

As you may be able to probably tell there are many different ways to avoid having to face steep charges. The easiest is to just keep informed about how to handle these situations, and if you are already facing them, find the best Phoenix DUI attorneys to represent you.

source:duiphoenixarizona.com

Arizona DUI Lawyer

2009-08-24T09:20:00.000-07:00

Arizona DUI lawyer - Arizona DUI defense lawyer serving Chandler, Gilbert, Glendale, Mesa, Phoenix, Scottsdale and Tempe, Arizona. A defense to an Arizona DUI citation can be built before ever being stopped by a police officer. A dui lawyer Arizona can establish a Dui defense in Arizona.

Our experienced Arizona DUI lawyer would advise any individual who is stopped for a DUI in Arizona to follow these guidelines. Ask to call and speak with an Arizona DUI defense lawyer immediately. Behave politely and courteously. Give the arresting officer your name, address, driver's license, registration and proof of insurance. Exercise your right to remain silent (do not answer any questions). Refuse to take any field sobriety tests. If you submit to an analysis of your blood, breath or urine ask for your immediate release to obtain an independent test and speak to an Arizona dui lawyer.

An experienced Arizona DUI lawyer can overcome a DUI citation by constructing a defense to the DUI charges. A dui in Arizona does hot have to result in a conviction. Call today for a free initial consultation with an Arizona DUI defense lawyer.

source: azattorneys.com

RIZONA LAWS AND HOW THEY APPLY TO YOU

2009-08-23T12:21:00.000-07:00

Family Law is a very changeable area of law. The law changes every year with new decisions by the Courts and new statutes passed by the Legislature. New laws can seriously affect your rights and your property. Summaries of new Legislation or important Court cases are provided as well as links to the text of the new laws or cases.

NEW DIVORCE LAWS
PARENT INFORMATION CLASSES
The law requires that every parent going though a divorce or paternity case with children take a parenting class. It must be taken before the Court can grant a divorce. The class is usually held on evening and weekends, you take it only once, and the cost is no more than $35.00. You do not have to take it at the same time as the other parent.
COMMUNITY PROPERTY REDEFINED
Effective for all cases filed after August of 1998, property and debts acquired after the service of the Divorce Petition will no longer be considered community property. Therefore, it is now important to discuss with your attorney when you actually file for the divorce since it may affect your rights. Also, beginning in 2001, the court may now divide "liquid" assets at the beginning of the case.
COVENANT MARRIAGE
The Legislature created a type of marriage called a covenant marriage. If you want to get a divorce and have a covenant marriage, there are additional hurdles that you must overcome to obtain the divorce. If you were married over two years ago in Arizona, then this new law will not apply to you.
CHILD SUPPORT/ CREDIT REPORT
On January 1, 2001, the child support guidelines were modified to include an adjustments for visitation by the non-custodial parent.
You can also ask the Court for an Order to see your spouse's credit report to see if there are debts unknown to you that have been incurred by your spouse and which you may be responsible for paying.

azdivorcelaw.org

Are You Facing an Arizona DUI?

2009-08-21T13:55:00.000-07:00

You are probably worried about jail, your license, ignition interlock devices, your record, your family and your financial security. If you are like most people, you a probably overwhelmed by the complexity of Arizona DUI Law.

At the Bergman Law Office, our goal in every Arizona DUI case is simple: do what is in your best interest. We strive to exceed your expectations.

Once you read this website and call my office to schedule a free initial consultation, I am confident that you will feel better knowing that you are doing everything you can to help yourself.

I look forward to talking with you.

Stewart Bergman, Attorney At Law

UPDATE: New DUI Laws Effective 9.26.08. Extreme DUI convictions now carry a mandatory 30 day jail sentence.

Complimentary Arizona DUI Case Evaluation

You owe it to yourself to experience our high levels of expertise and service. The meeting can be in person or over the phone.

At the case evaluation we will do several things:

Review your history, goals, concerns;
Discuss the facts of your case;
Outline possible defenses and potential issues for plea bargaining;
Discuss the Arizona DUI process specific to the city and court where you are being charged;
Make a plan of action so you will know exactly what you can do to best help your case;
Discuss our fees and fee arrangements, and in most cases, quote you a defined flat fee so there are no surprises;
Give you time and space to make the best decision, without pressure to sign up with us or turn over financial information;
Answer all of your questions to the extent that sufficient facts are available to us to comment intelligently.

Phoenix DUI Defense Attorneys

2009-08-20T15:52:00.000-07:00

Almost 50% of all motor vehicle accidents are caused by DUI (driving under the influence) forcing Arizona to impose strict laws and penalties for anyone facing DUI charges. If you are suspected of driving under the influence, law enforcement will pull you over to conduct a thorough investigation that will include asking you to perform a variety of field sobriety tests to examine your mental and physical agility skills and requesting the collection of urine, breath and/or blood for testing as way to determine your BAC (blood alcohol content).

A BAC reading between 0.08% and 0.14% is considered above the legal limit and will result in a DUI charge. A BAC reading between 0.15% and 0.19% will result in an extreme DUI charge and a BAC over 0.20% will impose the harshest DUI penalties possible in Phoenix court. Underage DUI charges can be imposed on juveniles with a BAC reading anywhere above 0.00%.

If convicted of driving under the influence, Arizona Law mandates that jail time be served unless a Phoenix DUI defense attorney is able to negotiate alternative sentencing with the court. In addition to mandated jail time, many other DUI related penalties will be faced and can be viewed on the DUI penalty chart page of our site.

Whether being charged with a 1st offense DUI, 2nd offense DUI, 3rd offense DUI, 4th offense DUI, underage DUI, extreme DUI, felony DUI, aggravated DUI or multiple offenses, it’s vital to any DUI case that a qualified criminal defense attorney be immediately obtained to best understand all your legal rights. Phoenix DUI defense lawyers at Beauchamp Law Office are committed to defending your rights, fighting for your freedom and will do everything to build a strong defense and aggressively challenge the evidence against you to help secure a successful outcome for your Phoenix DUI case.

At Beauchamp Law Office, our DUI defense lawyers offer exceptional legal support to anyone arrested for driving under the influence in Phoenix, Mesa, Chandler, Glendale and Scottsdale, Arizona. For over 18 years, our DUI defense attorneys have been dedicated to defending the rights of our DUI clients through the use of aggressive defense strategies and being richly experienced in Arizona MVD Hearings, MVD regulations and DUI law. To ensure the best possible outcome for your DUI case, hire a Phoenix criminal defense lawyer from Beauchamp Law Office today!

Phoenix Mesothelioma Lawyers / AZ Asbestos Lawsuits

2009-08-19T13:58:00.000-07:00

Mesothelioma is a serious lung disease in which the cells of the mesothelium (membrane of the lung) become abnormal, divide and multiple without control, resulting in cancerous tumors.

Many workers at Phoenix's shipyards, powerhouses, plants and construction sites were exposed to asbestos. We represent workers in Phoenix (AZ) that have been diagnosed with mesothelioma and lung cancer. We are familiar with the most common New York work sites, and the products used at these sites. Even if you were not exposed at work, our mesothelioma attorneys will fully investigate your case to determine the likely sources of your exposure to asbestos.

The Phoenix companies that manufactured, sold and installed asbestos products had extensive knowledge of the deadly hazards of asbestos as early as 1920. These companies did not warn of the risks or protect workers. The result is that many have unnecessarily and tragically contracted mesothelioma.

Mesothelioma can be a difficult disease to understand, and if you or a loved one have been diagnosed, you are certain to have numerous questions. If you have been diagnosed with mesothelioma, pleasecontact our lawyers - we can help you find answers.

The large verdicts associated with Phoenix mesothelioma lawsuits are not accidental. Jurors are outraged by What Companies Knewabout the hazards of asbestos and the risks to workers' lives.

Learn more by speaking with a Phoenix mesothelioma lawyer and have your case evaluated by our mesothelioma attorney: online case evaluation form.

If you live in any of the following Phoenix (AZ) locations and have been the victim of asbestos exposure, or diagnosed with mesothelioma, please contact our Phoenix mesothelioma lawyers for legal assistance.

Arizona DUI Laws

2009-08-18T14:39:00.000-07:00

Arizona DUI Fines & Sentencing

When faced with an Arizona DUI arrest and/or conviction, there are several issues to think about: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Arizona DUI fines and sentencing.

First Arizona DUI Offense:

Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.

Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.

Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).

-Extreme DUI: Least $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).

Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.

Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.

Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.

Vehicle Impound: Yes, for extreme DUI and aggravated DUI.

BEWARE OF NEW DUI LAW EFFECTIVE SEPTEMBER 26, 2008!

There will no longer be any "Suspended Sentences" after the statutory minimums for first offense "Extreme DUI" or an "Extreme DUI" with any prior DUI in the preceeding 84 months. After September 26, 2008, if you are convicted of a first offense "Extreme DUI," you will serve aminimum of 30 days straight time with no days suspended and a minimum of 60 days straight time with no days suspended for and "Extreme DUI" with a prior in the preceeding 84 months. ACT NOW! You CAN win any DUI case with the right lawyers on your side. Call us today for a free, telephonic consultation.

Know Your DUI RIGHTS

2009-08-17T13:52:00.000-07:00

You have the right to remain silent!

If you are being investigated or have been stopped by the police you have the right to remain silent. Arizona DUI law does not require you to answer any questions. If stopped, present the police officer with your driver's license, proof of insurance and registration. Do not answer any other questions and do not admit to anything. You may be pressured into speaking; however, you should resist answering questions that may be used against you later in court. This is an important first step in your DUI defense. Remaining silent is your constitutional right and was established to protect you from being forced to testify against yourself.

You have the right to an attorney

If you are stopped by police, immediately request a confidential call with an attorney. Arizona DUI law gives you the right to consult with an attorney before you choose to submit to any chemical test (breath or blood) as long as it does not delay the investigation. Attorneys at the Maasen Law Firm are available 24 hours for emergencyconsultations.

Refuse to take any Eye or Physical Tests

You may be asked to submit to a variety of field sobriety tests or an HGN eye test. These tests are not required by Arizona DUI law and are not always accurate, which is why we suggest you decline. The results of the test are left to the discretion of the police officer who is administering the test unlike a blood or breath test which is determined by objective analysis.

Phoenix DUI Law Firm

2009-08-17T13:50:00.000-07:00

The Maasen Law Firm is a team of Arizona DUI and criminal defense attorneys serving Phoenix, Scottsdale, Paradise Valley, Mesa, Peoria, Tempe, Chandler, Glendale, Prescott, Tucson, and Flagstaff in Maricopa, Yavapai, Coconino, and Pima counties.

The Maasen Law Firm aggressively fights for our clients. Our Phoenix area criminal defense attorneys have previously worked as prosecutors and have years of extensive trial experience. The Maasen Law Firm's DUI lawyers are exceptionally educated in the area of Field Sobriety Testing and breath testing equipment used by Arizona police and highway patrol during DUI stops. Our criminal defense attorneys have the knowledge of Arizona DUI law and the skills to fight for your case. We can help! Start a free DUI case evaluation now.

A high level of commitment to our clients is of the utmost importance to us. We believe that effective communication is the key to successfully helping our clients. In addition to continuous interaction with your Paralegal and the Attorney assigned to your case, every client has Scott Maasen's personal cell phone number and direct email address.

DUI Phoenix Lawyers

2009-08-17T13:47:00.000-07:00

Facing a charge of drunk driving in Arizona could cause life-altering consequences. Fines and possible jail time are only a few of the many penalties you may face. Having a good defense team on your side is the key to minimizing these effects.

The Law Offices of Edward A. Loss III centers its practice on the aggressive defense of the accused DUI offender. Mr. Loss and his dedicated team are skilled in felony and misdemeanor DUI cases which includes DMV hearings, contested motion practice, jury trials, and non-jury trials.

FREE Initial Consultation

Our FREE no-commitment initial consultation is offered by our firm so that we can evaluate your situation. Fill out our confidential initial questionnaire online or make a call to our office at 623-931-6362. Our dedicated attorneys and staff will quickly be in touch with you to discuss your case.

DUI Laws are Constantly Changing

Arizona DUI Law is constantly evolving with stringent statutes and case law precedent, which pertain to the Arizona drunk driver. A DUI conviction could result in varying forms of punishment and penalties, depending on the type of DUI that was charged, and on the Defendant's criminal record. As an informed Arizona DUI attorney, we will fight for your rights in a court of law to avoid or minimize the effects of a DUI conviction, probation jail time, ignition interlock requirements, driver's license suspension, alcohol screening and counseling, court fines, and community service.

Know and Exercise Your Rights

Peruse our website to find out about field sobriety tests,blood alcohol content, breath tests, blood testing,ignition interlock devices, and other facets of Arizona DUI Law. Educate yourself about your constitutional rights by reading the adapted "The DUI Exception to the Constitution" lecture by Lawrence Taylor. We also have a list of Arizona DUI courts phone numbers and addresses for your convenience.

We have made it our mission to take the weight off what can potentially be a complex and stressful time in your life. To defend your rights, contact our firm today for Arizona drunk driving arrests in Phoenix, Scottsdale, Flagstaff, Glendale, Maricopa County, Gila County, Yavapai County, Pinal County, and our other locations. You may also fill out our FREE online initial questionnaire.

Don't let a DUI arrest lead to a DUI conviction.

DUI IN PHEONIX

2009-08-16T15:00:00.000-07:00

If you find yourself arrested for Driving Under the Influence of Alcohol (DUI) in the State of Arizona, and you have submitted to a breath, blood, or urine test, and the results of the test reveal a blood/breath alcohol result of .08% or higher, or you have refused these tests, you can expect to be involved in two separate legal proceedings.

A criminal proceeding in court
A civil proceeding with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license.

These two proceedings are mutually exclusive; the outcome of one will not affect the other. You could win both matters or lose both matters. How the MVD driver license hearing is handled is extremely important.

The Criminal Proceeding

Your DUI arrest begins your criminal proceeding. The consequences of this -- plea of guilty, or a verdict of guilty following a jury or bench trial -- could result in mandatory jail time, fines, fees and assessments, supervised or unsupervised probation, as well as a criminal record.

The Civil Proceeding

The civil proceeding is conducted before an administrative hearing officer at the MVD. This proceeding deals with a possible suspension of your driver's license, or if from out of state, your privilege to drive in Arizona.

The arresting police officer will serve you with a "Notice of Suspension." If you have been arrested in Arizona for DUI and you take a breath, blood or urine test, and the results measured a alcohol concentration of .08% or more within 2 hours of driving, or you refuse to take the blood, breath or other chemical test, the arresting police will serve you with a 90 day driver license suspension notice, or in the case of refusal, a 12 month driver license or driving privilege suspension. The police should give you two copies of this form.

Arizona Residents

If your test results indicate a result of .08% or higher, the police will seize your Arizona driver license, and issue you a temporary license which is valid for 15 days, or, if you request a hearing within the 15 day window, until the hearing is conducted and the outcome determined. Since the police confiscated your driver license, the yellow copy of the suspension notice is your temporary driver license.

Non-Arizona Residents

If you are from out of state, the police cannot seize your driver license. They will serve you with a notice of suspension of your privilege to drive in Arizona. The suspension will take effect 15 days after service unless you request a hearing within the 15 days. If a hearing is requested, your privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined.

Tucson DUI accident earns man 10 years in prison

2009-08-16T09:31:00.000-07:00

Tucson, AZ - Eric David Marrufo was sentenced in Pima County Superior Court earlier today for two different accidents, one which resulted in a woman sustaining life-threatening injuries. The separate accidents occurred in July of 2008 and March of 2009.

In the July 2008 accident he rear ended a woman on a motorcycle in the are of I-19 and West Irvington, and then fled the scene. His blood alcohol level was more than double the legal limit.

Then, this march he was involved in another hit and run crash in Tucson, while he had three young children in the vehicle.

He will spend the next decade in prison.

DUI TERMS

2009-08-15T16:46:00.001-07:00

DUI TERMS

Caloric Nystagmus

A vestibular system nystagmus caused by differences in temperature between the ears, e.g., one ear is irrigated with warm water and the other irrigated with cold water.

Drunk Driving

A general reference to those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other acronyms. They generally describe two types of cases: first, where the driver is sufficiently impaired by alcohol, drugs, or a combination of the two, that the driver cannot drive safely. Second, "drunk driving" relates to those cases where someone is above that state's legal limit, usually .08, no matter how safely the person is driving.

Michael Jackson's doctor Conrad Murray approached Mark Geragos

2009-08-14T22:37:00.000-07:00

According to a story on Eonline, Michael Jackson's personal physician, Dr. Conrad Murray approached the well known celebrity criminal defense lawyer. According to the report, Geragos turned down the request to represent the doctor, presumably because of a real or potential conflict of interest.

Mr. Geragos represented Mr. Jackson during his 2004 child molestation trial. Despite the novel issues that could come along with representing Murray, there is, according to Geragos, a definite potential that a defense would involve smearing Michael Jackson, or disclosing information that may be sensitive or confidential.

Dr. Murray is reportedly under investigation for manslaughter. According to Geragos, there is a possibility that the case could be charged as murder. Such a charge could involve other parties as well, and it is easy to envision conspiracy theorists everywhere brewing up theories with many twists and tangents.

From a defense lawyer's perspective, Mark Geragos is smart to stay well away from this case despite the fact that it is so high profile. It looks to be one of the larger and more complicated legal messes of this century, and certainly the highest profile.

When the investigation concludes and the results and indictments are announced, expect a media circus that may even put the coverage of Michael Jackson's death to shame.

Pilot sentenced for DUI related airplane crash

2009-08-14T12:36:00.000-07:00

Sean Oskvarek, a pilot who was arrested last November after his plane clipped a house and crash landed in a neighborhood yard pleaded guilty on August 12, 2009 to flying his airplane under the influence of alcohol and drugs.

He will serve 30 days in jail and two years on probation. The accident happened in DuPage County, Illinois last November after he clipped a house and crashed in the yard.

Man gets 25 years to life for DUI under California three-strike law

2009-08-13T08:03:00.000-07:00

San Jose, CA - On August 11, 2009, the Court of Appeal of California, Sixth District, issued an opinion in the DUI case of People v. Douglas Fryman, which was an appeal from Santa Clara County Superior Court. The State was represented by the California Attorney General's Office out of San Francisco, and Mr. Fryman was represented by Santa Clara Attorney James W. Haworth.

Mr. Fryman was sentenced to 25 years to life in prison under California's Three Strikes law after pleading guilty to driving under the influence having a prior statutorily specified driving offense conviction within ten years. On appeal, he contended that the trial court abused its discretion by denying his request to strike the priors.

Fryman was arrested after a San Jose police officer arrested him after stopping him for driving erratically. Mr. Fryman's first strike conviction came in 1982 for assault with a deadly weapon. His second strike came in 1994 for assault with a firearm. He was on parol when he was arrested for DUI.

In total, he had been convicted of three felonies and six misdemeanors, and racked up five Parole Violations. In 2003 he was sentenced to six years in prison for two counts of DUI.

The trial court pointed out that "It's not like he didn't know he could get a life term for this, and did this while on parole for that one." Mr. Fryman replied that his knowledge "of a consequence of him getting another DUI ... that doesn't take away ... from the value of the positive things he has done and whether this DUI deserves a life sentence. I just think it's definitely a fact the Court can consider."

The Court of Appeals concluded that the trial court exercised proper authority and rationally relied on Mr. Fryman's knowledge of his exposure to three-strike risk. Therefore, his sentence of 25 years to life for a California DUI arrest stands under California's three strike law.

Know Your DUI Expert

2009-08-13T07:01:00.000-07:00

Let me tell you a tale of two contrasting DUI cases. Both where the attorney and I have worked together in the past. One where the attorney prepped with me in advance, and the second when the attorney didn't

In the first case, based on incredibly good performance on a dash-board patrol camera, the defense attorney was able to asked me questions that lead the jury to have enough reasonable doubt for a full acquittal. That's impressive enough on most DUI cases, in this case the defendant was charged with:

1) Impaired to the slighted degree

2) BAC over 0.08 within 2 hours of driving

3) BAC over 0.150 within 2 hours of driving (AZ Extreme DUI)

4) BAC over 0.200 within 2 hours of driving (AZ Super Extreme DUI)

The attorney in this case is arguably one of the best litigating DUI attorneys in the southern Arizona area. The evidence against the subject was a blood reading of 0.265.

In the second case I wasn't prepped properly for trial. I had read the case material, and in my case notes I had written that the case seemed very weak, and the subject's (who's blood reading was a 0.146) best possible outcome was very likely a regular DUI charge.

There was a lot of documented behavior in the case that would lead to very poor jury appeal.

The issue in the case was that the blood draw occured over 3 1/2 hours after driving. The attorney got me on the stand and made sure I was aware (and the jury was aware I was aware) of the time line of the case. The theory of the case for the defense was that a retrograde extrapolation (a back calculation/prediction of the subjects BAC earlier in time) can't be done from 3 1/2 hours after the time of driving.

His question was something of the effect of - Isn't it true that there is no way to give a reasonable scientifically accurate retrograde extrapolation 3 1/2 hours after driving, and with no eating or drinking history?

My answer was something to the effect of - "Accurate scientific and retrograde extrapolation" are oxymorons. Be that as it may, without an eating and drinking history, in Arizona it is still generally accepted to retrograde back to the time of the stop +2 hours. Some police scientists might go an hour, others might even go a half hour, but 2 hours would be fine, but we have to remember that based on the literature, the individual's calculated BAC could over-estimate their actual BAC by as much as 10% if they aren't fully absorbed at stop +2 hours.

This wasn't the answer the attorney was expecting, and it basically tanked his case.

Always remember to talk to your expert before they get on the stand. The state's expert can hurt your case, but your own expert can destroy it even quicker if you don't know what their opinions are, and you make assumptions.

Georgia man sentenced in Bay County Florida DUI death

2009-08-13T06:38:00.000-07:00

Bay County, FL - Mr. Storm Wood of Georgia, was convicted of DUI manslaughter in a Florida court this morning. He will spend the next fourteen years in prison for the motorcycle accident that killed a Panama City woman who was riding on the back of his bike.

The victim, Robin Arnett, was 34 years old.

The Judge heard from both the defendant's and the victim's mothers before sentencing Mr. Wood to 14 years in prison.

At the time of the accident, Mr. Wood was driving without a valid license.

www.duiattorney.com

DEFINING DUI TERMS

2009-08-11T15:11:00.000-07:00

APS or Administrative Per Se Drunk Driving Cases

In many states, there are two separate cases that arise from a single drunk driving arrest: the court case, and the Administrative Per Se, or APS case, with the Motor Vehicles Department. In cases where someone is arrested for DUI, DWI, OUI, OWI, or a related drunk driving charge, and gives a breath or blood test with results that are above the legal limit, the Motor Vehicles Department will take an administrative action against the driver. NOTE: Most states limit the time a driver has to request a hearing to contest the APS action. Usually, it is just a few days. That is why it is so important to contact a lawyer right away.

Blood Alcohol Content or BAC

Blood alcohol content. In most states, alcohol level may be determined by reference to breath alcohol level as well, without having to convert to blood alcohol level.

Alchohol Burnoff

The ability of the body to metabolize alcohol, and eliminate it from the system through the functioning of the vital organs. The rate of burnoff will vary from person to person, and even be different for the same person depending upon various factors. This is just one of the reasons that retrograde extrapolation is such a difficult task, and why the results are uncertain

Driving

Usually, ability to exert control over the vehicle. Officers usually need not observe someone driving in order to arrest them for drunk driving. Circumstantial evidence of driving is typically sufficient to establish this element.

NOTE:

More terms will be posted soon. keep coming to our page.

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DUI LAWS BY STATES

2009-08-11T15:08:00.000-07:00

Every state has drunk driving laws. Most states refer to drunk driving as DUI; some states refer to drunk driving as DWI; still others refer to drunk driving as OUI, OWI, DUII, DWAI, OUIL or OMVI. But no matter what you call it, the consequences are potentially severe:jail, fines, loss of driver's license, required ignition interlock devices, attendance at alcohol education programs, lectures given by MADD, SADD, or RADD, community service or freeway cleanup, increased car insurance rates, a criminal conviction, and more.

All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. Forty-five states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking. In 30 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.

Forty-three states and Washington D.C. have laws prohibiting the driver, passengers or both from possessing an open container of alcohol in the passenger compartment of a vehicle.

Intoxilyzer results stand after Brevard County DUI decision

2009-08-11T08:19:00.000-07:00

www.duiattorney.com

Brevard County, FL - A Brevard County panel of judges ruled on August 10, 2009 that 56 Florida DUI cases will not be thrown out of court based on an argument that the Intoxilyzer 8000 used to test their breath was not approved for use in Florida.

The issue was whether the parts used in the machines were in compliance with Florida regulations. This case may now proceed to the next level of appeal.

The Intoxilyzer 8000 breath test machine, manufactured by CMI in Kentucky is the subject of intense litigation in several states over the reliability and inner workings of the device. Defense lawyers have sued to obtain the machine's source code, which CMI claims in proprietary.

Some state, like Arizona, that adopted the machine statewide, have started to back away from the machine's use, opting to transition to a more reliable blood standard. "Breath test technology is flawed," says Seattle DUIattorney Aaron Wolff. "As long as states continue to use breath testing, there will be litigation about its accuracy and reliability."

Florida DUI lawyer John Musca agreed. "There are too many factors to be able to say that this technology works 100 percent of the time on 100 percent of the people."

Bart Herron, a lawyer who handles Oregon DUI cases in the Portland area and is known for his aggressive defense of his clients said "a lawyer who just sits back and accepts a machine's result as self-evident truth may not be doing his or her job."

www.duiattorney.com

Kansas DUI arrest deemed proper by Appeals Court

2009-08-11T08:13:00.000-07:00

www.duiattorney.com

Kansas - On August 7, 2009, the Court of Appeals of Kansas issued a new DUI opinion in the case of City of Salina v. Troy Ragnoni. The case concerns the ability of an officer to legally stop a person for public safety in order to check on that individual's welfare.

In this case, the police received information that the subject, Mr. Ragnoni, was potentially suicidal. Based on information received from his ex-wife, the police had added him to a "hot sheet" that told police officers that he was potentially suicidal. Per police department policy, once a person is labeled as potentially suicidal and put on the hot sheet, their name remains there until they are either located and deemed to be not suicidal, or taken to a hospital for evaluation.

After three days of being on the hot sheet, Officer Chad McCary of the Salina Police Department spotted Ragnoni's vehicle. He followed him to the driveway of a private residence and observed him and his wife and three kids exit the 1989 GMC Jimmy.

It turned out that Mr. Ragnoni exhibited signs of alcohol impairment and was arrested for DUI. He was later convicted of two counts of DUI. He appealed and the district court agreed with him that the stop was not justified. The City of Salina then appealed to the Court of Appeals.

In this opinion, the Court of Appeals reinstated the conviction, reasoning that under the facts of the case a public safety stop, even after three days, was justified. There is a strong public policy reason to check up on people who are potentially suicidal, because they often pose a grave danger to their own life and to the lives of others.

Therefore, in this case, according to the opinion of the Kansas Court of Appeals, the stop was clearly to advance the public interest.

Judge John Weckel wrote the opinion for the Court. Attorney Jennifer L. Wyatt represented the City of Salina, and Andrew Couch of Salina, and Lowell C. Paul of Topeka represented Mr. Ragnoni.

www.duiattorney.com

Prescott Arizona police nab DUI driver with tire spikes after chase

2009-08-08T15:12:00.000-07:00

Prescott, AZ - An Arizona man was arrested for several serious DUI related charges after he allegedly ran through nine red lights and almost hit two police units. The suspect led Yavapai County police on a chase early Wednesday morning.

The suspect, Michael Francis, was booked into the Yavapai County Jail in Camp Verde on two counts of aggravated vehicular assault, felony flight, extreme DUI and reckless driving.

The police were first alerted to Mr. Francis when a woman called the police to say that Francis had been following her.

To catch him, Prescott police had to ultimately disable his vehicle using tire spikes. According to police reports, Mr. Francis' blood alcohol content was .215, well over the "super extreme" DUI limit of .20 in Arizona. Depending on his criminal history, he may face 7 years or more in prison if convicted. He is currently being held on $15,000 bond while awaiting his hearing next week.

California DUI cases with female defendants on the rise

2009-08-08T03:33:00.000-07:00

Sacramento, CA - After reporting on the latest outrageous Sacramento DUI case issued by the California Court of Appeals this week, a case that involved a very drunk woman, we found it telling that, according to the Sacrament Bee, female DUI arrests are on the rise.

Although men still account for more DUI arrests than women, the number of female arrestees has been climbing at an alarming rate in recent years. It is interesting to note that the age group with the highest representation amongst arrested female drivers in the Sacrament area (by far) is the 21-30 year old bracket. Statewide, that age bracket represented 43 percent of all DUI arrests in 2007.

Still, in 2008, women represented only 23.7 percent of the total DUI charges filed in Sacramento. But those numbers mean little when compared with the very real damage that female drunk drivers are doing. The Bee's story gives some recent examples of 4 people who have died at the hands of female drunk drivers.

Georgia Court of Appeals dismisses DUI charge based on double jeopardy

2009-08-07T12:32:00.001-07:00

Georgia - On August 5, 2009, the Court of Appeals of Georgia issued a new DUI case opinion dismissing DUI charges against Michael Freeman based on double jeopardy. The three panel court agreed that the trial judge was out of line in declaring a mistrial. Judge Blackburn authored the opinion of the court. Mr. Freeman was represented by Wesley Matthew Woolverton, and the State was represented in the appeal by Brian Keith Fortner and Evelyn Proctor.

On April 19, 2005, Mr. Freeman was arrested for DUI in Georgia after being stopped at a police roadblock. After failing several field sobriety tests he refused to submit to a breath test. In August of 2007 he was tried on the charge, but the trial court declared a mistrial on the charge after the jury was unable to agree on a verdict.

Freeman was retried on September 22, 2008. During the early stages of the trial the Court informed the parties that it would not allow to arresting officer to testify about the alleged correlation between clues on the horizontal gaze nystagmus (HGN), which is the eye test given as part of the standardized field sobriety test battery. The prosecutor complained about the ruling and asked for time to research its position, which the court granted.

When the trial reconvened after a two day recess, the prosecutor moved to suspend the trial. After some legal wrangling, the court, frustrated and seemingly confused and tripping over itself declared a mistrial based on unfairly surprising the prosecutor. In order to declare a mistrial in that situation, the court needed to find "manifest necessity."

The next day, Freeman filed a motion to bar further prosecution based on former jeopardy. The court sat it the motion for a few months, and when it apparantly became obvious that the court just couldn't bury its head in the sand any longer, denied the motion.

Freeman then appealed.

The Georgia Constitution says that:

No person shall be put in jeopardy of life or liberty more than once for the same offense except when a new trial has been granted after conviction or in the case of a mistrial.

And the United States Constitution says:

Once a jury is impaneled and sworn, jeopardy attaches and an accused is entitled to have the trial proceed to an acquittal or conviction by that jury.

Georgia caselaw established that a court could declare a mistrial on its own if there is a demonstration of manifest necessity for the mistrial.

Here, the jury was empaneled and sworn, so jeopardy attached. There was no evidence that the Judge considered any less burdensome alternatives to declaring a mistrial. There were no urgent circumstances present.

This case boils down to a huge mistake on the parts of the prosecutor and judge, and the Court of Appeals of Georgia acknowledged that much and dismissed the case against Mr. Freeman.

FSU football player settles Tallahassee DUI case

2009-08-07T12:29:00.001-07:00

Tallahassee, FL - In April of this year, the Tallahassee Police Department initiated a traffic stop at 4:30 a.m., on a 2008 white Nissan for driving without headlights. The driver, FSU wide receiver Rod Owens, allegedly exhibited signs of intoxication. The arresting officer brought Owens to the Leon County Jail for suspicion of driving under the influence. Owens blew a .155 breathalyzer test; almost double the Florida legal limit of .08. He faced criminal charges of DUI and the risk of losing his football scholarship to Florida State University. On Wednesday afternoon Owens settled the Court case against him.

Leon County court records reveal that Owens entered into an agreement with the State and plead no contest to the charge of DUI. He will be sentenced to 50 hours of community service, 6 months of court monitored probation and lose his driving privileges for a period of 6 months. This is the minimum sentence for a first time DUI offender pursuant to Florida statute. He also has the option to request early termination of his probation, if all other conditions of his sentence have been satisfied.

Florida State University had suspended the player after the charges became public last spring. No additional punishment has yet been issued by the university. Owens is using this experience to educate his peers on the importance of making good choices. He is scheduled to speak at area high schools, groups at FSU and FAU. Owens is being publicly applauded for accepting personal responsibility for his negative actions.

South Carolina man causes DUI related fatality in stolen BMW on 8-2-09

2009-08-06T14:48:00.000-07:00

Laurens County, SC - One person has died and another has been arrested and taken into police custody following a deadly hit and run accident.

The South Carolina Highway Patrol arrested Brian Stephens, a 43 year old man after he fled the scene of the accident in an allegedly stolen vehicle. Stephens tried to flee after crashing the stolen BMW into an SUV driven by a family returning home from vacation.

Stephens faces numerous counts of serious felony charges that could keep him in prison for decades.

Man loses Florida license after New York DWAI conviction

2009-08-06T14:31:00.001-07:00

Florida Court Of Appeals - On August 5, 2009, the District Court of Appeal of Florida, Third District, issued an opinion in the case or Robert C. Dawson v. State of Florida, Department of Highway Safety and Motor Vehicles. Judge Cope issued the opinion of the court, which has not bee released for formal publication. Attorneys Robin Lotane and Damaris E. Reynolds represented the state, and Mr. Dawson acted as his own lawyer.

As happens more often than not, Mr. Dawson didn't have an attorney and therefore lost the case to the team of government lawyers working against him. Here's how it happened:

On July 14, 2008, Mr. Dawson was convicted in Suffolk County, New York of DWAI ("driving while ability impaired). His driver's license was suspended for 90 days and he was fined. Later, on August 27, 2008, the Florida Department of Highway Safety and Motor Vehicles (the Florida DMV) revoked his Florida driver's license for a year because of the New York conviction.

In Florida, the Florida DMV has the authority to revoke the driver's license of Florida licensed drivers for various out of state convictions, of which DUI is one.

Mr. Dawson filed a writ of certiorari in Martin County, Florida, asking the judge to reinstate his license. His appeal was denied. He then filed an appeal in the Fourth District Court of Appeal (for Florida). That court recused itself because of a potential conflict of interest in the case. The case then ended up in the Third District.

Mr. Dawson's legal argument was that the New York DWAI conviction didn't have the same elements as a Florida DUI. After comparing the two statutes, however, the appeals court rejected that position.

Mr. Dawson also asserted that he was denied due process with the Florida DMV gave him the maximum possible suspension without a hearing. The Court confirmed that the DMV can enter an order revoking a person's driving privileges without prior notice or opportunity to be heard, and it does not violate the due process clause of the Constitution because he could have requested a hearing on receipt of the notice of revocation anyways.

Even though Mr. Dawson chose to represent himself rather than have an attorney, he is held to the same standard as somebody who is actually a trained lawyer. He missed the deadline for requesting a hearing, and therefore it was his inaction, rather than a due process violation that, according to the court, sealed his fate of not driving for a year.

Washington State driving while license suspended case 8-3-09

2009-08-06T09:40:00.001-07:00

Seattle, WA - The Court of Appeals of Washington, Division 1, issued an opinion on August 3, 2009 that clarifies sentencing guidelines for driving while license suspended (DWLS) cases.

The case is Washington v. Colleen K. Anderson, and it is an appeal from the King County Superior Court's Judge Michael J. Fox.

The Washington State DWLS statute provides that any person convicted of DWLS who has three or more prior DWLS convictions must face a minimum of 180 days of "imprisonment." The questions that the court answered in this appeal were:

Can prior DWLS convictions more than 7 years old be used in determining that somebody falls into the 180 day minimum; and
Can a 180 day sentence for DWLS under the statute be served on electric home detention?

The Court concluded that convictions greater than seven years old can, in fact, be used. Therefore, Ms. Anderson legitimately faced the 180 day sentence. The court concluded that the term "imprisonment" was vague, and therefore all or part of the sentence could be served on electronic home monitoring, which is, technically, a form of imprisonment.

Pennsylvania DUI case about transit authority jurisdiction issued on 07-31-09

2009-08-05T06:27:00.000-07:00

Allegheny County, PA - On July 31, 2009 the Superior Court of Pennsylvania handed down a decision reversing the suppression of evidence in the case of Pennsylvania v. Derek Bloom.

The issue that the court had to decide was whether the lower court erred when it concluded that a Port Authority officer lacked jurisdiction to stop Mr. Bloom's vehicle.

Per statute, the Railroad and Street Railway Police act, railroad and railway police have jurisdiction in the City in, on, and in the immediate and adjacent vicinity of the transit property.

The court concluded that Mr. Bloom was, in fact, stopped in the immediate and adjacent vicinity and was within 150 feet from Port Authority property. Because of the proximity, the Appeals Court said that the lower court should not have suppressed evidence in this case.

Ninth Massachusetts OUI arrest for repeat offender

2009-08-05T06:22:00.000-07:00

Amesbury, MA - A 39 year old man was arrested for at least the ninth time over the weekend in Massachusetts. According to reports, Jason Wetteland, was pulled over for swerving on Route 110.

"The first thing that you think when you hear something like this is how can that person still have a license to drive," puzzled an anti-drunk-driving activist who asked to remain anonymous. In Mr. Wetteland's case the reality is that he did not have a valid license. "This is the kind of guy who will never learn his license until he has either killed himself driving drunk or ends up behind bars permanently."

The Judge apparently agreed, setting bail at 1 million dollars, virtually assuring that he will be held in jail in Middleton while he waits for his trial. Under Massachusetts OUI law, Mr. Wetteland faces jail time and the loss of his license (again).

Florida police officers suspended after framing woman in DUI accident

2009-08-05T06:16:00.000-07:00

Hollywood, FL - MSNBC reported that a Florida police officer tried to frame a college student after he crashed into the back of her parked car.

Alexandra Torrens-Vilas revealed, in an interview with Matt Lauer that she had stopped and parked in the left lane of the road to go after her cat that had jumped out of the window.

In preparing for her defense in the DUI that she was ultimately charged with, her lawyers were provided with portions of the video from the officer's dash cam that showed her field tests. The problem was, the driving portion was missing, and the lawyers were unable to get it from the Hollywood police department.

When the video was finally obtained through the state, its content led to the dismissal of the charges against her, and the suspension of five Hollywood police department personnel. The police fabricated a story to cover up the fact that the officer caused the accident.

The tape contains explosive audio that proves the police officers were colluding to frame her because she was "drunk anyways."

DUI LAWS VIDEO

2009-08-03T15:46:00.000-07:00

Tucson DUI manslaughter sentence vacated by appeals court

2009-08-03T15:40:00.000-07:00

Tucson, AZ - The Arizona Court of Appeals, Division Two in Tucson has decided a new DUI case. The opinion was issued on July 30, 2009 . The name of the case is Arizona v. Douglas Scott Perrin. At this time, no citation is available.

Mr. Perrin was convicted of DUI related Manslaughter and felony aggravated DUI. The court sentenced him to 12.5 years in prison, followed by 10 years of intensive probation. Mr. Perrin filed a motion for post-conviction relief, claiming that the court should vacate his sentence (which was substantially aggravated and beyond the standard penalty) for several reasons:

The court didn't give him notice that it intended to consider that high range of sentences;
His lawyer at the time was ineffective because he didn't object to it;
The court considered improper factors.

Perrin appealed based on a newly decided case, State v. Schmidt, which said that using a catch all factor as the sole basis for aggravating a sentence is improper. The catch all factor allows judges to use their imaginations in deciding to impose a greater than normal sentence.

The Schmidt case said that the catch-all factor was vague and therefore couldn't be used as the only factor for aggravating a sentence. Allowing it to be otherwise would give a judge unfettered discretion to hand down aggravated sentences.

For that reason, the Court of Appeals vacated Perrin's sentence and sent him back to the trial court to be re-sentenced.

Phoenix, AZ - The Court of Appeals of Arizona, Division 1, Department E in Phoenix has issued an unpublished opinion in a DUI case. The case is Arizo

2009-08-03T03:27:00.000-07:00

Laurens County, SC - One person has died and another has been arrested and taken into police custody following a deadly hit and run accident.

Stephens faces numerous counts of serious felony charges that could keep him in prison for decades.

Arizona Court of Appeals denies appeal in Arizona v. Cindy Reed

2009-08-03T03:25:00.000-07:00

Phoenix, AZ - The Court of Appeals of Arizona, Division 1, Department E in Phoenix has issued an unpublished opinion in a DUI case. The case is Arizona v. Cindy Reed, and the opinion is dated July 30, 2009.

The appeal stems from the filing of an Anders Brief by attorney Eric W. Kessler of Mesa, Arizona. An Andres brief is an appeal filed by an attorney on behalf of a client after a loss at trial stating that the attorney sees no reasonable grounds for appeal, but asks that the court review the case for fundamental error at the request of the defendant.

In this type of appeal, the Court of Appeals reviews the facts of the case in the light most favorable to sustaining the verdicts.

The Court of Appeals reviewed this case and found no fundamental errors. In issuing its opinion, it essentially absolved the Defense attorney of any further responsibility.

Attorney Kent Cattani handled the appeal for the state on behalf of the Arizona Attorney General's Office. The judge at the lower court was Roland Steinle of the Maricopa County Superior Court.

West Virginia DUI case against Jock Sanders dismissed

2009-08-03T03:23:00.001-07:00

West Virginia - Prosecutors have agreed to dismiss DUI charges against Jock Sanders, a West Virginia University slotback, who faced not only criminal charges but also suspension from the football team.

The deal, brokered by attorney Harley Wagner, calls for alcohol classes, speaking engagements at high schools and an ignition interlock vehicle immobilizer. Assuming that Sanders completes these requirements, the DUI charges will be dropped.

Prosecutors amended the charges from adult DUI to a minor DUI (under 21 years old) which allows the case to be completely expunged from his record, and allows him to avoid jail time.

In January of 2010, Sanders is scheduled to appear for a final time in the Monongalia County Court. Assuming he has completed all of the conditions, his charges will be expunged at that time.

Washington DUI bail set at 50k for sixth arrest

2009-08-02T03:24:00.000-07:00

Benton County, WA - After racking up his sixth arrest for DUI, Chanthone Souriyavongsa is being held in the Benton County jail on $50,000 bail after pleading not guilty to DUI last Thursday.

Under Washington DUI Law, a drunk driving arrest becomes a felony if the defendant has 4 or more prior DUI convictions in the past decade.

Chanthone Souriyavongsa's breath alcohol level registered a .137, well over the legal limit of .08 in Washington State.

His trial is set for September 21, 2009 in Benton County Superior Court.

Tennessee DUI multi-offender sentence affirmed on appeal

2009-08-01T12:33:00.000-07:00

Nashville, TN - On July 29, 2009, the Court of Criminal Appeals of Tennessee at Nashville issued a new opinion in the case of Tennessee v. Carl Allen Farris.

Mr. Farris pleaded guilty to his fifth DUI and his seventh driving with license revoked charges. The sentence would be left up to the judge. On appeal, Farris claimed that the sentence that the judge gave was excessive. In its opinion, the Criminal Appeals court sided with the judge and affirmed Mr. Farris' sentence.

Mr. Farris also had outstanding probation violation warrants out of Coffee County and Davidson County.

Based on his history, the Court said that the sentence was entirely appropriate and was not excessive or inconsistent with the law or with other cases.

Ocenside DUI checkpoint ineffective

2009-08-01T12:32:00.000-07:00

Oceanside, CA - Oceanside Police recently conducted a DUI checkpoint which demonstrated the potential uselessness of roadblocks or checkpoints as a method for removing drunk drivers from the roads.

The checkpoint was conducted last Friday for a six hour window. During that time, 487 vehicles passed thought the checkpoint. Of those vehicles, 298 were screened by police. Eight people were given field sobriety tests, which showed that they were under the limit or had consumed no alcohol whatsoever.

In all, the police did not arrest a single person for DUI, although they did nab several people for other things, including 10 vehicle impounds for suspended licenses.

In contrast, that same weekend in Ocenside, regular police patrols arrested five people for DUI.

San Diego DUI charges filed against Matt Bush

2009-08-01T12:31:00.000-07:00

El Cajon, CA - According to the AP, Matt Bush entered a plea of not guilty in a California Courtroom to charged of DUI, vandalism and resisting arrest. The charges stem from an incident in June 2009 where Bush backed his vehicle into a parked car.

Mr. Bush's lawyer entered the please for him in a San Diego County court.

According to sources, Mr. Bush entered rehab after the incident.

This is not Mr. Bush's first run in with the law. In 2004 he was charged with misdemeanor battery after assaulting high school lacrosse players.

The hope is that treatment will put him back on track and that he will be able to salvage what looked at first to be a very promising career.

Getting help with your DUI case

2009-07-31T14:23:00.000-07:00

A good doctor should never operate on herself, and a good lawyer should not represent himself in court. It makes even less sense for a non-doctor to operate on himself, and for a non-lawyer to represent herself in court.

If you are charged with impaired driving, you need a lawyer. There are no "ifs or buts." Whether you end up with a privately retained DUI attorney or a public defender, you will be much better off than if you try to represent yourself, as long as you know what to do, what to ask, how to behave, and what to expect of your DUI lawyer.

The articles in this section will give you a solid understanding of the nature of the attorney and clients roles in the DUI context. After you have reviewed these articles, you will be in the best possible position to:

Evaluate any potential lawyer you may hire;
Understand the fee structures that lawyers use;
Communicate with your lawyer about your case;
Resolve disputes and misunderstandings with your DWI lawyer;
Make sure you get the most out of the professional you chose to help you with your case.

In addition to the valuable DUI attorney information found in the articles in this section, we highly encourage you to review the state section that applies to your case, as it contains location-specific information that will help you. Your local state bar association can also be an excellent resource when it comes to dealing with your DUI lawyer.

Illinois man arraigned on reckless homicide charges

2009-07-31T00:39:00.000-07:00

Lake County, IL - Following a tragic May 23, 2009 accident that left a young man dead, the driver of the vehicle, Andrew Burkhardt, age 22, of Warren Township, Illinois, was arraigned on Wednesday. Mr. Burkhardt entered a plea of not guilty in the Lake County Circuit Court, and is scheduled to be tried on September 28th.

If convicted, Mr. Burkhardt faces a maximum of 14 years in state prison.

Burkhardt's alcohol level is reported to have been .124. He also, according to reports, had marijuana in his system, although it is unclear whether the State will be able to prove that the marijuana impaired his ability to drive.

He sustained facial injuries and was taken to a hospital in Park Ridge following the accident.

Baseball coach gets Texas DWI conviction

2009-07-30T13:00:00.000-07:00

Dallas, TX - Augie Garrido, a popular Texas baseball coach, was convicted for drunk driving and sentenced to four days in jail by Judge Elisabeth Earle .

Because of this Texas DWI, Garrido also had his driver's license suspended for 90 days after the misdemeanor first-time offense and fined $500 .

Michael Burnett, Garrido's lawyer, said Travis County jail officials will decide how long to keep Garrido. The 70-year-old Garrido received two days' credit when he was arrested and could earn the other two days simply by getting processed.

The baseball coach has 1,679 victories and five national championships, including two with the Longhorns. He fell a game short of another title last month when Texas lost the deciding game of a best-of-three championship series to LSU.

Drunk Driving Penalties in other Countries

2009-07-29T13:53:00.000-07:00

Australia:
The names of the drivers are sent to the local newspapers and are printed under the heading "He's Drunk and in Jail".

Malaysia:
The Driver is jailed and if married, his wife is jailed too

South Africa
A 10 year prison sentence and the equivalent of a $10,000.00 fine

Turkey
Drunk drivers are taken 20 miles outside of town by police and are forced to walk back under escort

Norway
Three weeks in jail at hard labor, one year loss of license. Second offense within five years, license revoked for life.

Finland & Sweden
Automatic jail for one year of hard labor

Costa Rica
Police remove plates fron car

Russia
License revoked for life

England
One year suspension and a $250.00 fine and jail for one year

France
Three year loss of license, one year in jail and a $1000.00 fine

Poland
Jail, fine and forced to attend political lectures

Bulgaria
A second conviction results in execution

El Salvador
Your first offense is your last---execution by firing squad

DUI NEWS & UPDATES

2009-07-29T12:17:00.000-07:00

Reckless driving citation after snakes cause accident

Hartford, Connecticut - In the strangest recent driving related story in recent memory, a Connecticut man is blaming his SUV accident on his two baby pet snakes that he claims crawled out of his pocket and slithered down his leg.

Police didn't say if the man was mentally disabled or impaired by a mind-altering substance, but did say that instead of just pulling over, the man and his passenger tried to catch the snakes in the area of the vehicle's pedals.

According to the man, the snakes caused him to crash into some parked vehicles. His SUV overturned in the accident.

The man was hospitalized and given a ticket for reckless driving.

Now we all know that we face the brutal reality that in addition to drunk drivers, we now must come to terms with the reality that there may be more idiots driving around with snakes in their pockets.

source:www.duiattorney.com

DUI NEWS & UPDATES

2009-07-29T05:41:00.000-07:00

Seattle Seahawk Schmitt pleads to reckless driving

Seattle, WA - Seattle professional football player Owen Schmitt has plead guilty to a reduced charge of reckless driving following his arrest for DUI laws month.

Mr. Schmitt was sentenced to 24 hours of community service along with two years on probation.

According to police reports, his alcohol level was registered at .151 and .161. The reason why there are two results is that in Seattle DUI cases, the police must take two separate breath test results. It is a well established fact that neither result must be exactly accurate.

The legal limit in for DUI in Washington state is 0.08, and a reduction to a reckless driving from an alcohol level as high as that reported in Mr. Schmitt's case is generally considered a very favorable plea agreement.

source:www.duiattorney.com

DUI UK VIDEO

2009-07-28T15:16:00.000-07:00

DOES local or National law DUI apply

2009-07-28T15:00:00.000-07:00

When Local DUI Law Controls

The individual rights guaranteed in the United States Constitution are federal rights that cannot be restricted by any state. Each individual state has the authority to expand those rights, however, and can give citizens more protection than the federal constitution. Think of the federal constitutional as a floor, not a ceiling, regarding your rights in a DUI case.

Because individual states have the authority to expand on federal rights, the protections regarding searches and seizures can differ depending on the state in which you get your DUI charge.

According to the Supremacy Clause in the U.S. Constitution (Article VI, Clause 2), when a federal law and a state law conflict, the federal law controls. States are required to follow applicable federal laws, and any state legislation or court decision that conflicts with federal legislation or rulings should not be followed.

When you talk about your DUI case, realize that the state law from that state is going to be most authoratative. This means that if you are in a Washington State DUI court, the judge will consider Washington State caselaw, statutes and administrative code first. As long as the answer to the issues in your DUI case is found within the laws of your state, judges will typically look no further (as long as the laws don't provide less protection to you than the federal constitution).

When Local DUI Law Is Not Clear: If the answer to the legal questions in your case are not found in the laws of your state, and the federal consitution doesn't apply to the issue, then judges can look at what other states have done about similar issues. For example, if you are charged with a DUI in Arizona it would be a mistake to look only at Arizona DUI law, as you may have an issue that Arizona law is not clear about. Washington State and California laws played a large part in forming Arizona's laws, so Arizona gives special deference to the laws of those states when interpreting the intent of the original drafters of Arizona Law.

LAWNMOWER DUI VIDEO

2009-07-28T08:58:00.000-07:00

DUI NEWS & UPDATES

2009-07-28T03:18:00.000-07:00

Florida driver Suspected of DUI ran over pedestrian with truck

Land O’ Lakes, Florida - A pedestrian was seriously injured after being hit by a Ford pickup truck on State Road 54. The victim, 21-year old Dallas Young, failed to properly use a crosswalk and unsafely attempted to cross this busy highway during the dark, early morning hours.

The driver, 73-year old Maurice Bronsan, struck Young with his vehicle, lost control and crashed into a telephone pole. The victim is listed in critical condition at a St. Petersburg hospital. Bronsan was not injured in the crash.

According to the Florida State Trooper’s report, Bronsan exhibited signs of alcohol consumption. The driver refused sobriety testing and further blood alcohol testing.

The troopers arrested Bronsan on suspicions of DUI; charges of DUI with property damage, DUI with serious bodily injury and refusing to submit to a breath test. The Defendant posted $5,650 bond and awaits trial out of the Land O’ Lakes Jail.

Source: www.duiattorney.com

rapper Eminem

2009-07-27T15:45:00.000-07:00

DUI NEWS & UPDATES

2009-07-27T15:40:00.000-07:00

Brother of rapper Eminem gets DUI

Detroit, MI - Nathan Mathers, the younger brother of rapper Eminem received a DUI in Detroit, Michigan. The arrest happened on April 9, 2009, when Mathers, who uses the stage name Nathan Kane, was pulled over for failing to let an ambulance pass.

Mathers failed field sobriety tests. His blood alcohol level was twice the legal limit of .080.

Mathers, currently 23 years old, is schedule to formally plead guilty on in August. He will receive his sentence at the same time, which is common in misdemeanor DUI cases.

We were unable to confirm whether the younger Mathers has any history of DUI or other criminal record.

SOURCE:www.duiattorney.com

DUI NEWS & UPDATES

2009-07-27T15:38:00.000-07:00

Alexandria Virginia Police Chief arrested for DUI after accident

Arlington County, VA - Police Chief David Baker of Arlington, Virginia, was arrested Saturday evening after a vehicle collision led to drunk driving charges.

Baker was driving a city vehicle at the time and had a blood alcohol level of .19, which is more than double the Virginia legal limit of .08. He was placed on administrative leave pending the investigation and resolution of the matter.

The Alexandria city attorney's office will conduct an independent internal investigation. The review will determine the fate of Baker's employment, and could come within the week.

The accident happened around 11pm on Saturday in the area of I-66 and North Fairfax Drive. The accident occurred when Baker, who is listed as the at-fault driver in the police report, tried to merge onto the Interstate.

Initial reports indicate that the woman in the other vehicle was hospitalized, but that her injuries are not serious or life-threatening.

Baker will likely face misdemeanor DUI charges, which could include the loss of his license and fines, and potentially jail time. However, the biggest penalty will likely be either the loss of his job or the loss of public confidence. Chief Baker will have to get used to life after being a roll-model, and may have alcohol issues to deal with, as his high alcohol level may be indicative of an alcohol problem.

Baker, who enjoyed a track record and reputation as clean as anybody will also have to get used to being on the other side of a criminal prosecution. But it will be politics and personalities, rather than the law, which dictate whether the Chief will be able to move through this and still effectively do his job, or whether he will be cast out and branded forever like so many other DUI defendants before him.

SOURCE:www.duiattorney.com

DUI NEWS & UPDATES

2009-07-27T15:34:00.000-07:00

India DUI statistics show contrast with United States

Mumbai, India - The Times Of India is reporting that 57 drivers were sent to jail on Monday for DUI. They were amongst the 118 drivers that were apprehended on Friday night.

Fifty of the cases were dismissed, and summons were issued in another eight of the cases.

Of those convicted, one person's driver's license was permanently canceled, while 52 had their licenses suspended for various periods of time. The jail sentences in all of the cases ranged from one to two days.

The swift disposition of cases in India is in stark contrast to DUI cases in most places in the United States, where due process dictates that most cases take anywhere from a month to a year to resolve. The jail time received in the example cases from India is also in stark contrast to states such as Arizona, where the average jail time for a first offense is somewhere around 10 days in jail.

Perhaps this is because, in India for calendar year 2009, fewer than 35,000 people have been arrested for DUI to the date of this article. In contrast, a state like Arizona will see more than that number in a single year with a tiny fraction of the population of India.

SOURCE:www.duiattorney.com

links for dui Lawyers KANSAS

2009-07-25T08:18:00.000-07:00

www.kansasduiattorney.com

www.hulnicklaw.com

www.duiattorney.com/kansas

www.leininger-law.com

www.nortonhare.com

DUI LAWYERS KANSAS

2009-07-25T08:11:00.000-07:00

DUI LAWYERS KANSAS

2009-07-25T07:17:00.000-07:00

If you have been charged with DUI, Vehicular Homicide, Driving Under the Influence of Drugs, or any alcohol, traffic or drug offense, you need an experienced defense lawyer who will leave no stone unturned in your defense. This may be the most trouble you have ever been in and you are scared; worried about your family, your job, your license, your freedom, your future. Helping people navigate this situation is what I do. Let me help you shoulder the burden.

Leininger Law Offices is a criminal defense law firm in Overland Park, Kansas, serving Johnson, Douglas, Wyandotte, Leavenworth and Miami Counties and handling cases throughout Eastern Kansas. Attorney Brian Leininger has been handling DUI cases every working day since 1991 and almost certainly has more DUI training than the officer who arrested you. My years of experience began as an Assistant District Attorney and later City Prosecutor. Additionally, I spent nearly five years as General Legal Counsel to the Kansas Highway Patrol. I used to teach police officers how to make DUI and drug arrests. Now when I teach at seminars the topic is DUI defense and the audience is made up of other lawyers.

There was a time when DUI was a minor traffic offense. Take some time to browse around this web site and you will see that those days are long gone. Even a first-offense DUI invokes jail time, a harsh driver’s license suspension, high fines and an insurance increase or cancellation. Your friends and family may have told you to handle your case yourself or hire the cheapest lawyer you can find. They’re wrong. If you go to court by yourself you will be taking legal advice from the prosecutor, whose job it is to convict you and collect fine money for the city or state. And cheap lawyers are cheap for a reason. They are inexperienced, inept, or planning to spend as little time as possible on your case so it is worth their while.

Please explore this website to learn more about Kansas DUI law and the serious penalties you are facing. Contact me for a free consultation and we can sit down and discuss your situation. I have helped hundreds of people through the situation you are facing and I look forward to helping you.

Columbus Field Sobriety Test Lawyer DUI Attorney Ohio

2009-07-24T09:42:00.000-07:00

DUI LAWYERS OHIO

2009-07-24T00:44:00.000-07:00

Select the county where your DUI in Ohio occurred:
Adams Darke Hocking Miami Scioto
Allen Defiance Holmes Monroe Seneca
Ashland Delaware Huron Montgomery Shelby
Ashtabula Erie Jackson Morgan Stark
Athens Fairfield Jefferson Morrow Summit
Auglaize Fayette Knox Muskingum Trumbull
Belmont Franklin Lake Noble Tuscarawas
Brown Fulton Lawrence Ottawa Union
Butler Gallia Licking Paulding Van Wert
Carroll Geauga Logan Perry Vinton
Champaign Greene Lorain Pickaway Warren
Clark Guernsey Lucas Pike Washington
Clermont Hamilton Madison Portage Wayne
Clinton Hancock Mahoning Preble Williams
Columbiana Hardin Marion Putnam Wood
Coshocton Harrison Medina Richland Wyandot
Crawford Henry Meigs Ross
Cuyahoga Highland Mercer Sandusky

Get Help From a Ohio DUI Lawyer or Attorney

If you have been charged with a DUI in Ohio (Driving Under the Influence), there are two things that you need to consider:

Take your drunk driving charge very seriously.
A conviction for a DUI in Ohio will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.

Hire an experienced Ohio DUI Lawyer or DUI Attorney who is experienced in Ohio DUI law.
Understanding the Ohio DUI laws and courtroom proceedings can be a challenge. Hiring a qualified Ohio DUI attorney or lawyer from DUI.com who's practice concentrates on drunk driving defense can make a difference in the outcome of your drunk driving charge. Again, for a Ohio DUI lawyers or attorneys, call 1-800-852-8005 or simply click the county above to find the right Ohio DUI attorney that really knows drunk driving defense and the Ohio DUI law.

Each Ohio DUI lawyer at DUI.com offers an initial review of your drunk driving charge.Your inquiry is both free and confidential.

To begin fighting your drunk driving charge, use the list above to locate a Ohio DUI Lawyer in your county who knows the Ohio DUI laws. But do it now, as time is very critical in a DUI case.

Ohio's D.U.I. Laws

IF YOU DRINK AND DRIVE, YOU ARE COMMITTING A SERIOUS CRIME WHICH HAS SWIFT AND SURE CONSEQUENCES THAT ARE HARD TO IGNORE.

Administrative License Suspension (ALS)

If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately.
Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.

Probationary License Suspension DUI (PD)

The PD will be triggered by a conviction record with an offense date greater than12/31/98, the driver is under the age of 18 at the time of the offense, with a BAC of .08% or above.

Length of Suspension: Six months.

Limited Driving Privileges: There is no provision in the law for driving privileges on this suspension.

You Have the Right to an Administrative Hearing: You are entitled to an Administrative Hearing on this matter;

Your request for a hearing must be made to this Bureau within thirty (30) days of the mailing date of the notice;

After the request is made, you will be notified of the time and place of the hearing. You may appear in person, or you may be represented by an Attorney;

The scope of the hearing is to present evidence and examine witnesses that can show cause why your driving privileges should not be suspended;

After the Administrative Hearing, the Hearing Office will send a recommendation to the BMV. You will be notified by mail.

Conditions for return of full driving privileges:

Serve six month suspension;

Successful completion of Juvenile Driver Improvement Course, approved by the registrar of the Bureau of Motor Vehicles;

Payment of $30 reinstatement fee;

Successful completion of driver license examination.

1st Offense:

Administrative License Suspension (ALS) for a prohibited BAC;
ALS for test refusal = one year license suspension;
Jail - Minimum of three consecutive days or 3-day driver intervention program;
Fine - Minimum $200 and not more than $1,000;
Court License Suspension - 6 months to 3 years.

2nd Offense:

ALS for one year for a prohibited BAC;
ALS for test refusal = two year license suspension;
Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
Fine - Minimum $300 and not more than $1,500;
Discretionary driver's intervention program;
Vehicle immobilization and plates impounded for 90 days;
Court License Suspension - 1 year to 5 years.

3rd Offense:

ALS for two years for a prohibited BAC;
ALS for test refusal = three year license suspension;
Jail - Minimum 30 consecutive days to one year;
Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
Fine - Minimum $500 and not more than $2,500;
Mandatory attendance in an alcohol treatment program paid for by offender;
Vehicle immobilization and plates impounded for 180 days;
Court License Suspension - 1 year to 10 years.

4th or More Offense or Motor Vehicle Related Felony:

ALS for three years for a prohibited BAC;
ALS for test refusal = five years license suspension;
Jail - Minimum of 60 consecutive days and up to one year in jail;
Fine - Minimum $750 and not more than $10,000;
Mandatory drug/alcohol treatment program paid for by offender;
Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
Court License Suspension - 3 years to Permanent Revocation.

APPEAL PROCESS FOR ADMINISTRATIVE LICENSE SUSPENSION (ALS)

The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.

Was the arrest based on reasonable grounds?
Did the officer request the person to take a test?
Was the violator made aware of the consequences if he/she refused or failed the test?
Did the person refuse or fail the test?

NOTE: A court may still issue a suspension even if 1-4 is proven by defendant if court finds the person is a threat to public safety.

DRIVING UNDER DUI SUSPENSION OR DRIVING UNDER SUSPENSION WITHOUT INSURANCE

The court is authorized to order vehicle immobilization and impoundment of the license plates at the time of sentencing for:

Driving under DUI Suspension

First Offense: 30 days
Second Offense: 60 days
Third Offense: Forfeiture

FRA Suspension (without insurance)

First Offense: 30 days
Second Offense: 60 days
Third Offense: Forfeiture

Note: For multiple DUI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender.

PERMITTING A PERSON WITH NO LEGAL RIGHT TO DRIVE OR OPERATE YOUR VEHICLE

First Offense: 30 days for state offenses only.

VEHICLE FORFEITURE

Permanent loss of vehicle shall be ordered by the court for any of the following which occurs within five years, except "3":

Third offense of DUI
Third offense or more of Driving Under FRA Suspension
Second offense of owner knowingly permitting a person who is under suspension to drive their vehicle.
First offense of driving a vehicle that is immobilized and plates impounded.

There is a provision for a court review to protect an innocent vehicle owner from a vehicle forfeiture or immobilization. If forfeiture occurs, offender cannot register or title any vehicle in his or her name for six years.

new links for Arizona dui lawyers

2009-07-23T02:45:00.000-07:00

www.duiarizona.com

www.azduiatty.com

www.duiattorney.com

www.arizonadui.com

www.arizonaduicenter.com

Arizona Dui Lawyers

2009-07-23T02:30:00.000-07:00

Comprehensive Arizona DUI Information

ARIZONA DUI DEFENSE

Your Case Matters To Us

You've been arrested for DUI. This is a stressful time in your life. You want honest answers, and you need somebody to fight for you.

Our goal is to meet or exceed your expectations in regards to your case, and to give you an honest and realistic picture of your rights, and your chances. Your best interests are our primary focus.

My name is Stewart Bergman. I want the chance to help you fight or resolve your Arizona DUI charge. My law firm focuses on defending impaired driving allegations throughout Arizona. I personally navigate, investigate, negotiate and, when necessary, litigate your case.

To better serve you, we focus on a small number of clients and give them first class service and a complete and passionate defense. We are a well established, boutique law firm.

We Are Serious About Helping You

We take pride in representing our clients' best interests, and in winning. We concentrate on quality, not quantity, and have earned the trust of professionals in all areas, from doctors to lawyers, athletes to business owners, truck drivers to commercial pilots.

FREE INITIAL CONSULTATION

We will meet with you in our office. We prefer a face to face meeting because it is best way for both of us to get the best sense of your case and whether we have a match. If you are out of the area we will do the consultation telephonically. We can also arrange a web-cam video conference.

At the meeting we will do several things:

Review the facts of your case. The more details we have, the better we can assess your DUI;
We will identify and outline potential legal and factual issues in your case, including issues that might facilitate a dismissal or reduction in the charge, and that might save your license;
We will go over the Arizona Law as it applies to your case, discuss the procedure in the specific court your case is in, and discuss the MVD process;
We will go over all of your options with you, and discuss options that may become available as your case progresses;
Supply you with a plan of action that best suits your case and your goals.

HIRING US

If you decide that you want us to fight for you and guide you through your case, we will file notices of appearance with the Court and the Prosecutor's office, and begin the serious and time sensitive process of investigating your case. We will also deal with the Arizona MVD on your behalf, including filing a request for an Administrative License Hearing if applicable.

WHAT TO EXPECT FROM US

You can expect us to attend each and every court hearing with you, or appear for you in your absence.
We will present all of your options, including any and every viable strategy that might apply.
We will review the police report and chemical test reports with you in depth, and compare the officer's version to yours.
We will advocate aggressively for you. You will benefit from the reputation that our office has established with courts and prosecutors offices in the Phoenix area in that they will know that we negotiate in good faith and back up our negotiations with exceptional trial skills, and a willingness to fight when necessary.
Our first priority in negotiations is to get your best offers from the State on the table, and then, without alienating the prosecutor, give you an opportunity to consider your options with our input and support.
We approach all parties with dignity and respect. We demand that the officers, the courts and the prosecutors treat our clients with respect, and we take the lead by setting an example. If you want a lawyer who will scream at prosecutors and bicker fruitlessly with judges, then we are not the right match for your case.
We will be with you throughout your case. We are there to support you and make sure that you never have an answerable question that goes unanswered. We will return your phone calls and emails. In essence, we protect your interests, hold your hand and guide you from start to finish. After your case concludes, we are always still available for follow up questions.

ABOUT THE ATTORNEY

Stewart Bergman has been admitted to practice law for 16 years. He has spent his entire legal career handling criminal cases. He started out as a prosecutor and has been a defense lawyer since 2001.

Stewart is experienced in all levels of criminal and DUI litigation, and has handled cases ranging from misdemeanor first offense driving under the influence to vehicular homicide. He is well respected by prosecutors and judges, and frequently called on by his peers to answer questions and solve problems regarding complex cases.

He is humble and approachable. And while he is not the stereotypical trial lawyer who pounds on tables and makes a scene, his more subtle approach makes him highly effective in both litigation and negotiation.

San Jose Criminal Defense Lawyer DUI Attorney California

2009-07-22T12:20:00.000-07:00

new links for california dui lawyers

2009-07-22T12:12:00.000-07:00

www.californiaduihelp.com

www.duicentral.com

www.duicenter.com

www.gotadui.com

www.california-dui-lawyers.org

CALIFORNIA DUI LAWYERS

2009-07-22T12:04:00.000-07:00