Wiseacre Blawg

Legal and law articles. Law News. Blawg Links.

Nine Biggest Mistakes People Make After a DWI Arrest

1. Waiting too long to hire an attorney.

Driving While Intoxicated (DWI)
After their arrest for a DWI, many people are angry, upset, scared, and confused. They are often embarrassed and would rather not deal with their situation. The great majority of the time, they are afraid to talk to their family or friends because they do not want to be judged. So often they end up doing nothing but waiting and hoping it will all go away. The truth is that the DWI can be a nightmare if it is not dealt with quickly and with action.

1. Time can be your friend or your enemy depending upon how it is used.
2. Inactivity after a DWI case is always a bad idea.
3. The problems with waiting to hire an attorney can only magnify over time.

Many DWI cases are successfully defended based upon learning the details of the stop and the arrest. A Successful Defense is always in the details.
  • The defense of the case may require an investigation of the scene. 
  • The defense of the case may require a discussion with potential witnesses. 
  • The defense of the case may hinge on the memory of the events and activities before and after the stop and arrest. 
  • The defense of the case requires immediate investigation because memories fade, roadside conditions can change daily due to weather, videotapes can get erased, and witnesses can move or prove difficult to locate. 
  • The defense of the case requires pinpointing timelines. When each and every event occurred can be crucial, such as, when the stop occurred, when statements were given, when the Miranda warnings were given, when the Field Sobriety Tests were given, and when the arrest was made. 
  • The defense of the case may require a thorough and detailed analysis of how the Field Sobriety Tests were instructed and how they were performed. 
  • The defense of the case may require analyzing how the Police Officer recorded his observations, the words he used, his notes about the stop and the arrest, and his filling out police forms and records. These pieces of evidence can all prove significant to a successful defense. 
When should I hire a DWI attorney?

Immediately. New York law requires that you have 45 days after your arraignment to file all Pre-trial motions. An experienced DWI attorney will immediately demand that the prosecution hand over all discovery documents and all proof that they are going to use against you. If you fail to hire an attorney and you do not file any pre-trial motions (challenging the probable cause of the stop, the probable cause of the arrest, and the voluntariness of your statements), you then give up your right to fight the stop, the arrest, and all evidence that came from them.

In short, the sooner you act, the better chance I will have in providing the best DWI defense.

2. Not hiring an experienced and local DWI attorney.

My practice focuses on Ithaca and Tompkins County DWI cases. The majority of my retained clients are Tompkins County New York DWI cases. New York DWI laws are complicated, and techniques in defending DWI are constantly changing. That is why it is important to find a lawyer who stays on top of the current DWI laws, trends, and what occurs in Tompkins County Courts everyday. I am that lawyer.

Furthermore, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues. This assures I always have the most current, up-to-date information to benefit my clients.

3. Not taking the matter seriously.

New York State has no expungement law so if you are convicted, this is a charge that will follow you for the rest of your life. In fact, a conviction will stay on your record even after your death. The additional insurance charges alone could cost you thousands of dollars. Also, a NY DWI or DWAI charge will be used as a predicate offense if you receive another within a 10 year time period. For this second DWI, you will most likely be indicted as a Felony DWI, class E which could mean a real possibility for prison time.

4. Continuing to drive after your license has been taken away.

No need to tempt fate. If your license has been taken, suspended, or revoked, you are only hurting yourself if you continue to drive. "Driving while license invalid" is a misdemeanor in New York State, and punishable by up to a year in jail. Not to mention the complications it will pose in your DWI case.

5. Not taking full advantage of your constitutional rights.

This usually happens when you try to handle the case on your own, or hire an attorney not well versed in DWI laws. There may be numerous areas of your stop and arrest that were unconstitutional. Defense Pre-trial motions
must be filed to:
  • Contest the constitutionality of the stop 
  • Contest the constitutionality of the probable cause to arrest 
  • Contest the constitutionality of the Miranda rights 
  • Contest the manner in which roadside tests were given 
  • Contest the use of a Portable Breath Tester 
  • Contest the constitutionality of any search and seizure 
  • Contest the constitutionality of the refusal
6. Failing to appear in Court.

If you do not show up for a Court appearance, the Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

7. Talking to anyone but an attorney about your case.

Anything you say to them can be used against you. Talking to friends, family, etc. may be nice and comforting, BUT EVERY CASE IS DIFFERENT. Just because something happened in your friend's case, doesn't mean it will happen in yours. Different counties, different judges, different facts mean different results.

8.Thinking that by talking to numerous attorneys you will then be able to handle it on your own.

You need to have an attorney go to Court with you. There is no way around it. It has been said that "an attorney who represents themselves in court, has a fool for a client." EVEN ATTORNEYS charged with DWI will hire a DWI attorney to represent them in court. What does that tell you?

You need an experienced DWI attorney to explain not only the law but options specific to your case and, most importantly, how your decisions can impact your future.

9. Just pleading "Guilty" to the DWI to get it over.

If I plead "Guilty" do I really even need a Lawyer?

I have many clients give me a call and say something along the lines of . . .

"I am guilty. I just want to plea guilty and get this over."

My answer is always a VERY strong "YES!" My job isn't simply to get
innocent people found not guilty, or to get guilty people "off."

My job is to make sure that you are treated fairly and receive fair treatment throughout the process. I also think it is of the utmost importance to understand all of your options and how the decisions you may make today can affect your future.

In New York State, DWI has a very large punishment range. These can range from license suspensions to revocations of 90 days or up to a year. The Court Surcharges can range from $260.00 (for a DWAI) and many hundreds more for a DWI. The fines can range from the hundreds of dollars to the thousands as well. Punishments can include years of probation where you cannot drink alcohol or be around anyplace serving it for years. The conditions of your probation can be as wide as you can imagine. If your plea bargain is not properly negotiated, you could end up with some overly harsh conditions.

Good negotiations may help you avoid having a deep lung device (ignition interlock device) attached to your car. This is an apparatus that requires you to blow into it to start your car, and periodically while driving. If you have friends or business associates in your car, it can be quite embarrassing. Not to mention, it costs about $70 per month to monitor... a price paid by YOU. Over the years, it can cost you thousands of dollars.

Other conditions on your probation could be large amounts of community service, costing you money when you are not working.

Another, and most important consideration is that if you plead guilty, you have 100% chance of being found guilty and having a DWI conviction on your record. New York State has no Expungement law so your DWI record will stay with you for life.

Sometimes, you have the opportunity to be found not guilty at trial, which is not necessarily the same thing as being found innocent. If your rights were violated, etc., a trial is usually the only chance for you to keep this off your record. You could even have the chance of being found guilty to the reduced charge of DWAI, which is a traffic infraction.

What it boils down to is that even if you are guilty, you still need a good DWI lawyer to make sure that you understand your options and are treated fairly.

Lawrence A. Newman, Ithaca, New York DWI Lawyer

http://www.ithacadwi.com

http://ithacadwi.blogspot.com

Labels: ,

The Possible Consequences Of A DUI Offense And Getting Help

DUI offenses seem to be ever growing and law enforcement authorities are eager to reduce this by punishing drivers who choose to get behind the wheel intoxicated. DUI offenses are not light handles and the penalties can be hefty for those who are found guilty of the offenses. There are so many serious consequences of driving while under the influence of alcohol or any other illegal substance and the offense consequences are just as serious.

Driver's license suspension

The Possible Consequences Of A DUI Offense And Getting HelpOne of the outcomes you will face immediately you are caught driving under the influence of alcohol is to have your license taken away. The arresting officer has the right to do this on the spot and provide you with a temporary permit that will make it possible for you to continue driving for at least 30 days more before the license is suspended or revoked. The suspension can be for at least six months or can go up to a year in case you have refused to take a blood test or a breathalyzer test. In case you have been convicted of DUI previously, the license can be suspended for as long as ten years.

SR22 insurance and alcohol awareness classes

If you are able to challenge driver's license suspension and you are allowed to keep it, you may end up being required to attain an SR22 insurance that is designed with high risk drivers in mind and therefore costs so much more than the standard once. The costs to you may not end up on the insurance, but could also extend to alcohol and drug awareness classes that you may be required to attend and for which you pay as well. The classes can take up to 9 months and this means footing all the costs throughout the period.

Fines and Prison time

Apart from having your license revoked and paying penalties for the DUI offense, there is a very high possibility that you could end up in jail. This is usually very possible in situations where you caused injuries or worst still death to people as you drove under the influence. The prison time can be anything from 6 months and over depending on the circumstances. DUI fines can be hefty too sometimes hitting the $2000 mark. It all depends on the severity of the offense; those with previous convictions of the same face more severe fines and suspensions in most cases.

Reputation effects

Criminal records always have an impact on your personal reputation and history and this is something that can affect your career or job. A bad reputation does not appear too good, even among family members and it can affect how people treat you.

Getting help

Even with all the consequences that come with driving under the influence, a skillful DUI lawyer can help you go through the cases and choose the best strategy to use to turn the case around to your favor. The professional help can reduce the sentence or penalties or even have the case dismissed.

Seattle DUI lawyers can argue unlawful arrest, lack of evidence and wrongful testing procedure as strategies to get your DUI case turn to your favor. Get the best to get the best representation.

Labels: , ,

Hire A Dog Bite Lawyer For Help

Hiring a dog bite lawyer is the right choice if you or someone you know has been injured from a dog bite. This is a type of incident that can cause serious damage to a person s body. If it is very severe, it can even cause death. This type of attorney is also commonly known as a personal injury attorney. These professionals deal with all types of injuries, and they help people every day. When something like this occurs, it is generally because someone has not kept their pet in their own yard. The pet somehow got out and loose, and it went and attacked an innocent person. Unfortunately a lot of times, the injured victims are children. This is a serious problem, and it happens more than you think.

Hire A Dog Bite Lawyer For Help
Some of the medical problems that can result from this are disfigurement of the face, broken bones in the body, and lacerations. There are many other problems that can also occur, including a person contracting rabies. People can become mentally traumatized by an event like this, and the owner of the dog should be held liable for all of these injuries. There is really nothing a person can do on their own if this happens. This is why a person may want to hire a dog bite lawyer, who has a lot of experience handling cases like this. They have successfully handled these cases, and have helped many people receive compensation for their injuries.

When you hire a dog bite lawyer, there are several things they will do. First, they will investigate the incident. This may require talking to witnesses and doing research. One thing the attorney will have to prove is that the injured person did not provoke the dog in any way. In many states, this is something that must be proven by the attorney. If the injured party did provoke the dog, the person may not be entitled to compensation for these injuries.

They will then calculate a total amount of money to ask for from the defendant. There are many different things that will be included in this amount. It will include the amount of money the person has spent so far on medical care and the amount the person will most likely have to spend in the future. It will also include lost wages and an amount for emotional distress and suffering. In many cases, the owner of the dog will turn this claim over to their insurance company. An insurance company will usually cover the costs associated with something like this. If you win the case, you will most likely be able to receive the compensation you deserve.

If you're looking for a Philadelphia dog bite lawyer to represent you, consider the trusted, experienced professionals at http://thepearcelawfirm.com.

Labels: , ,

What Situations Can Lead To DUI Charges?

What Situations Can Lead To DUI Charges?
DUI, driving under the influence is one of the most common offense most drivers face. Driving while drunk is the image that immediately pops into mind when DUI is mentioned. Even though the charges associated are for drivers who choose to drive while intoxicated with alcohol, it is not always about the alcohol. There are so many other substances that can leave a driver in a state of intoxication and they also fall under DUI and can amount to the charges.

Drug intoxication

Apart from the alcohol, there are a number of illegal substances that can amount to the charges. There is a wide classification of drugs and their legality varies from one state to another or from one country to another. The fact is that sometimes even prescription drugs that induce intoxication can cause trouble for you. Whereas alcohol seems to be the major culprit with the charges, you risk additional charges if you are found under the influence of other types of drugs. Drug tests

Possession of drugs

What you should remember is that even being in possession of substances in your car when an officer suspects you are driving under the influence can also land you in trouble. Upon pulling you over with suspicion, the officer has the right to search your car. On finding any illegal substances in your car and your driving was suspicious enough to suggest that you are under the influence, you can be faced with DUI charges and be arrested.

Risky or suspicious driving behavior

DUI offenses can also arise even for drivers whose blood alcohol content is not over 0.8 in some cases. A law enforcement officer can slap you with a DUI arrest after making some driving observations with you that could suggest that you are intoxicated. Some of the behaviors that can amount to the DUI charges include making or trying to make very narrow or very wide turns, slow driving that is too alert, dangerous driving sometimes nearly crashing into things or people, and drifting on the road recklessly. Sudden breaking that seems too frequent, neglecting marked lanes and driving on center lines can also be observations that can lead to charges under DUI.

Responsible driving is very important and to keep off legal issues, it is best that you stick to the rules and regulations. But in case you find yourself faced with a DUI charge, you can always seek legal assistance from a DUI lawyer. A professional DUI attorney can help in dismissing the case if you were wrongfully arrested or can also help in reducing the penalties in case you were actually intoxicated when driving. Because of how severe the consequences of the offense can be, it is best that you choose a lawyer who has what it takes to handle the case in the most professional way possible. There are so many defenses your DUI lawyer can use to try and turn things in your favor and probably even save you from prison time.

An experienced DUI attorney can make a huge difference for your DUI case whether you are guilty as charged or not.

Labels: , ,

A Bankruptcy Attorney Is Priceless

To some, it would seem like a silly idea for someone going through financial struggles, to hire a bankruptcy attorney. In their eyes, this course of action is only taking more money out of a person's pockets. This may be true at the onset, but the benefits that these professionals provide, far outweigh any amount of money they may charge.

A Bankruptcy Attorney Is Priceless
For instance, a bankruptcy attorney can help their clients sift through the mountain of confusing paperwork that comes along with their case. The average person needs at least some assistance just filling out job applications. It isn't because they are illiterate, but some applications include verbiage that is just downright confusing. So, with that being said, imagine the trouble someone would have filling out legal financial documents. This is why lawyers are so essential. They can go through the documents with their client and ensure that everything is done correctly and completely.

Making the decision to complete this task alone could end up being a costly mistake. That's because if someone turns in their paperwork incomplete or with incorrect answers, their bankruptcy case could be dismissed; which would cause them further financial strain for an extended period of time.

Paperwork isn't the only thing that a bankruptcy attorney can help with. There are also times when creditors need to be contacted. This is to notify them of the impending case. This will also help to ensure that the client isn't penalized while the case is processing.

Along with the aforementioned examples, a bankruptcy attorney is able to help ease their clients' minds. That's because they wouldn't have to concern themselves with handling the difficult parts of their cases. It's bad enough that they must deal with their obvious financial issues, which definitely help to increase stress levels.

Lastly, a bankruptcy attorney has the necessary skills to handle the case. The average lawyer is in school for anywhere from 6 to 10 years. This helps to ensure that they are as knowledgeable about their field as possible. This example alone is reason enough to hire one of these professionals. To put it plainly, they have the proper skills and expertise.

So, if you ever find yourself in a serious financial bind, don't try to handle the situation on your own. There is more to a bankruptcy case than some people are aware of. A professional lawyer has the ability to make the case go as smoothly as possible, while giving you the best chance to see a desirable outcome. Don't allow yourself to get caught up in the cost of a lawyer. Besides, they are aware of your financial state. Therefore, it probably won't be difficult to find someone who will be willing to work out a feasible payment plan with you.

Underestimating the worth of a Modesto bankruptcy attorney can be a fatal mistake. That's why [http://www.bankruptcycenterhelp.com] is here to help.

Labels: ,

Just In Case: Know a DUI Attorney Before You're Pulled Over

You can never predict whether you will be stopped by law enforcement and asked to take a breathalyzer test. If you've been drinking, you may feel anxious and guilty that you may test over the limit. You may be hesitant to take the test. A DUI attorney will always suggest you take the breathalyzer test if you're completely confident that you are fine. If you're not comfortable or are sure you would test positive, you should know your rights under the law and have quick access to a number of a reputable attorney.

When law enforcement stops you, they generally indicated why they pulled you over. They may ask you, "Do you know why I pulled you over?" The best way to handle this question is to answer negatively, that you do not. This will require them to explain. You may have been caught speeding or other driving infraction. You may have a tail light out. If at any time the police man or women believes you may be under the influence, you will be asked to take a test.

A DUI attorney will remind you that you are not required to take the test. If you're fine, taking the test will help alleviate the tension between you and law enforcement. They will write you a ticket for another infraction and you'll be on your way. If you are unsure, in any way, an attorney will recommend you do not take the test. If you do, you will be arrested and you will be charged and that information will be held against you in court.

If you have chosen to refuse the test, it's helpful to have the number of a DUI attorney handy. Most people do not take the time to research a law firm just in case but it can be extremely helpful to be able to reach into your wallet or your glove compartment and have a number handy. You will be able to contact them immediately after being accused or arrested. Before or after you go through the process of being arrested, you can give them a call and they can help you out with bail. No need to spent unnecessary time in jail.

The other piece of valuable information a DUI attorney will tell you is to remain silent and comply with law enforcement at all times. The Miranda Rights that are read to you during your arrest identify your rights. You have the right to remain silent and anything you say or do throughout the process can and will be held against you in a court of law. By exercising your rights you refrain from incriminating yourself. Once you're out on bail, you and the lawyer you've chosen can work on a strategy to develop a solid case that will result in a favorable outcome.

It's important to be prepared and think in situations like these. It is incredibly beneficial to know your rights and keep yourself safe from law enforcement misconduct. By researching a professional DUI attorney as a precaution, you will be able to fully protect your rights under the law.

Consider what a DUI attorney GA might advise you if you're pulled over for driving under the influence. Get some advice from professionals by visiting: http://northgeorgialegal.com.

Labels: ,