Showing posts with label drunk driving. Show all posts
Showing posts with label drunk driving. Show all posts

Wednesday, January 28, 2009

Handling the Question Police Ask

What is the best strategy?

The Police questions because he/she is looking for evidence against you. Be careful. I repeat, don't be rude o do anything to upset him. Keep your cool and try to handle the questions as gracefully and positively as possible. The police officer is not stupid so don't try tricks. If you think your blood alcohol content may be above permissible limits and the police is insisting on Roadside Sobriety Tests, be quiet and inform the police that you'd like to consult your DWI lawyer before answering any questions. Sometimes depending up on the law prevalent is the state you will be allowed to consult your DWI lawyer only after you have taken the roadside tests.

Can you refuse the Roadside Sobriety Tests?

Yes you can. But that does not stop police from arresting you under DWI suspicion. Also your driving license will be confiscated and within a prescribed time period you will have to apply for getting your driving license back. Generally this time limit is 10 days from the date of arrest.

Tuesday, January 20, 2009

About Dwi Drunk Driving In Texas

A more recent law passed in 2005 provides for heightened penalties when a person is convicted for driving with a dangerously high BAC of 0.15. Supporters of the high-BAC law argue that a more severe punishment for high-BAC drivers is justified. According to statistics released by Mothers Against Drunk Driving, 58% of alcohol-related fatalities involve someone with a BAC of 0.15 or higher.

While the last 10 years has seen Texas embrace a more rigorous approach to identifying and punishing drunk drivers, Texas has not yet adopted laws that are somewhat common in other states. For example, some states apply a lower BAC to repeat offenders. Other states apply penalties for refusal to take a Breathalyzer test that are greater than the penalty for actually failing the test. In Massachusetts, for instance, the first refusal to take a Breathalyzer results in a 180-day license suspension, but subsequent refusals can result in three-year, five-year, and lifetime license suspensions.

Sunday, January 18, 2009

Talk to a prosecutor or the law enforcement officer

Some people believe that officers and prosecutors can be reasoned with, without the help or advice of an attorney. BIG MISTAKE!!!!!!!!!! First, anything you say can be used against you in a court of law. I can not tell you how many times a defendant or a parent of a defendant without experience in DWI law says the wrong thing because they believe a rational explanation can absolve them. For example I have had people who call me who can't understand why the state won't dismiss the case once they tell the prosecutor they had a valid medical prescription. What often happens is they make statements, which end up making their case worse.

Friday, January 16, 2009

Tips Hiring an attorney based only on the fee

The State has unlimited resources and experienced officers who are trained to testify in these types of cases. You need an attorney who charges a fee which allows him to put time and effort in order to successfully challenge the prosecution's case. Lawyers, who routinely charge too little, must take on a larger number of cases at smaller fees in order to keep their doors open. Many times, those attorneys who have a large volume of cases are "spread too thin" and can not spend the time required to present a successful defense to your case. Look for a reasonable, predictable fee, not the cheapest. Attorney's who only charge 100.00 to 200.00 for representation are not serious about getting a successful result in your case.

Monday, January 12, 2009

Tips Wait to hire an attorney

Hiring an attorney in a timely manner is important. First, you have 15 days to request an administrative license revocation hearing (ALR). Requesting an ALR on time can help you receive important documents from the Department of Public Safety regarding your case. It gives you an opportunity to pin the officer down on important elements regarding your case. Hiring a qualified attorney as soon as possible is also important because memories sometimes diminish. Furthermore, many times defenses that deal with medical issues requires more time to obtain evidence. Waiting too long to hire an attorney can make a good case become a loser.

Sunday, January 11, 2009

How To Stopped Dwi In Texas

  1. Do not answer any questions other than your name and address. If asked to get out of your car, ask the officer if you are free to leave. If the answer is yes, leave. If the answer is no, then ask to speak to an attorney before saying or doing anything else.
  2. Do not agree to perform roadside tests.
  3. Do not agree to have your eyes tested.
  4. Do not agree to blow into a handheld breath tester.
  5. Do NOT consent to a breath or blood test, if you are asked to take one.
  6. Be polite. Produce requested documents.

Friday, January 9, 2009

How to selecting the right Texas DWI lawyer

When selecting the right Texas DWI lawyer , the following should be evident:
  • The lawyer has extensive experience in litigating and trying DWI's;
  • The attorney has a reputation for going to trial (not for pleading clients guilty);
  • The lawyer has won difficult cases (they are not all talk);
  • You feel comfortable in the manner in which the attorney communicated with you (If you are not comfortable, do you think the jury would feel comfortable?);
  • The lawyer listened to you (or did they do all the talking?);
  • The lawyer listened to you (or did they do all the talking?);
  • The lawyer was genuinely interested in you and your case;
  • The financial agreement was clearly defined; and
  • You have a strong sense of confidence in their ability to professionally and competently handle your case!

How can Hiring an Austin DWI Attorney help?

How can Hiring an Austin DWI Attorney help?
Well, he knows the law, he knows the rules and he knows the way out. He can challenge the way the test is performed. The machines on which the tests were done. The Austin DWI Attorney cam also challenge the qualification of the person operating these machine. He can take the blood and urine samples and get them tested in a private lab to verify the tests. Austin DWI Attorney can challenge the grounds on which police made the arrest. He can challenge the accuracy of the machine, timing of the tests and so on.

Austin DWI Attorney can help provided you hire the right person at the right time. If in the beginning without realizing the importance of the case you try to fight it yourself, there is a chance that you will complicate it and make it that much more difficult for your Attorney. So the timing is very important. Hiring the right Austin DWI Attorney means a qualified and experienced team Austin DWI Lawyers. Someone whose exclusive area of practice is DWI Austin.

You must understand that Austin DWI can result in loss of job also under some circumstances. Sometimes you are not allowed to visit other countries if you have such a police record. Your mobility is restricted anyway by your driver's License being suspended. All this coming together can be very torturous. Best is not to drive drunk. Next if you do and are caught look for a lawyer so that the outocme can be the best taht it can be.