Holly L Campbell, CADC, RMSR, SQP

Posts tagged ‘DUI’

Can I Refuse Field Sobriety Tests?


In Massachusetts, if you are caught drinking and driving, most people know that you have the right to refuse a breathalyzer test, which results in an automatic 6 month license suspension.  But few know what happens if you refuse other tests going along with an OUI arrest. Typically, if an officer suspects that you are […]

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FAQ – DWI & Alcohol Related Offenses


Q: What Happens If I Refuse to Take The Breath Test?

A: Warning: Refusal to submit to a Chemical Test may have severe  consequences and should not be undertaken except upon the advice of your  attorney.

Assuming the request is properly made, your refusal to submit to a  chemical test will result in issuance of a notice by the arresting  officer that your license is revoked. The officer shall also issue a  fifteen day temporary driving permit on behalf of the director of  revenue which will also give you notice of your right to file a petition  for review in circuit court contesting the license revocation. If no  further action is taken on your part, when fifteen days expires you will  lose your driving privileges for at least one year and you will need to  apply for a new driver’s license at the end of the revocation period.

Q: I Was Arrested Last Night. I Refused the test. What now?

A: Don’t panic! At least not yet. Retain an attorney immediately. Your  lawyer must file a Petition for Review in the Circuit Court before your  fifteen day permit expires. Once a Petition for Review has been filed,  your lawyer can obtain a Stay Order which will allow you to drive during  the period that your petition for review is pending. There are valid  defenses to the revocation, particularly if no field sobriety tests were  administered and no glaring evidence of intoxication. There may also be  a possibility of settlement that would allow you to avoid the  revocation

Q: I took the test and it registered over .08 percent blood alcohol content. Is there any way to save my license?

A: Yes. Maybe. Assuming that you blew over .08, the arresting officer  gave you notice of suspension or revocation of your driving privileges.  (Generally a 30 day suspension if this is your first charge for driving  while intoxicated). You should also have received a fifteen day driving  permit and instructions on how to request an administrative review of  the suspension or revocation by the department of revenue.

If you apply for a hearing, (or better yet, have your attorney make  the application), within the fifteen day period, the department of  revenue will issue a temporary permit allowing you to drive until the  scheduled date of your hearing. (This assumes that you are the holder of  a valid driver’s license issued by this state.) At the hearing, which  may be by telephone, the hearing officer will determine whether, by a  preponderance of the evidence, you were arrested upon probable cause to  believe that you were driving a motor vehicle while the alcohol  concentration in the person’s blood, breath, or urine was eight-  hundredths of one percent or more by weight. As a practical matter, most  of these hearings are determined in favor of the department of revenue  and the suspension or revocation is sustained. Still, there are  technical defenses, and each element must be proved. It is this writer’s  opinion that you should always request the administrative hearing —  there is little to lose. In the rare event that you prevail, your full  driving privileges will be restored.

If you lose the administrative hearing, your lawyer can file for  Trial De Novo (a re-hearing) in Circuit Court. These case are rarely  successful, although a few are won where the evidence is unique and/or  the arresting officials failed to follow proper procedure. You and your  lawyer should discuss the likelihood of success and do a cost-benefit  analysis prior to filing for Trial De Novo.

Q: I have been charged with DWI. What now?

A: Whether you took a breath test, or refused to take the test, the  arresting officer had grounds to believe you were driving while  intoxicated and you have been issued a summons to appear in court. This  is a Criminal charge independent of any action pertaining to your  driver’s license.

As with any criminal charge, you are presumed innocent until you are  proven, or plead, guilty. It is important that you retain the services  of an experienced attorney at the earliest possible opportunity to  determine the strengths and weaknesses of your case. You attorney will  help you make an informed decision whether (and when) to proceed to  trial or attempt to negotiate a plea bargain.

Under Sections 577.010.2 and 577.012.3 of the Missouri Revised  Statutes, the first offense of Driving While Intoxicated and Driving  with an excessive blood alcohol content, is a class B misdemeanor. The  range of punishment is up to six (6) months in the County Jail or up to a  $500.00 fine, or both. A second offense of DWI is a class A misdemeanor  with a range of punishment up to one (1) year in the County Jail, or up  to a $1,000.00 fine, or both. Persons who have been convicted or plead  guilty to two or more intoxication-related traffic offenses may be  convicted of a felony and subjected to time in prison.

If you have been charged with a DWI, your choice of an attorney is crucial. See our guidelines on selecting the right attorney.

For experienced professional representation, contact Lloyd Nolan today at (314) 725-1880. DISCLAIMER: THE FOLLOWING INFORMATION WAS OF A GENERAL NATURE AND NOT  MEANT TO CONSTITUTE LEGAL ADVICE OR TO BE USED IN, OR APPLIED TO, ANY  INDIVIDUAL SITUATION. THIS GENERAL INFORMATION IS APPLICABLE TO THE  STATE OF MISSOURI AND MAY NOT BE VALID UNDER THE LAWS OF OTHER STATES.  IF THE READER HAS SPECIFIC LEGAL QUESTIONS, HE OR SHE SHOULD CONTACT AN  ATTORNEY.

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2014 Lloyd Nolan, Attorney at Law

Why A DUI Lawyer Can Help You If You Get Charged With A DUI


It is inevitable, everyone will make a mistake from time to time. One mistake that can never be ignored, however, is a DUI. There are millions of DUI cases every year throughout the United States, and if a DUI case ends in conviction, it can spell disaster for the involved party. A DUI is by far one of the most common and most damaging major traffic offenses on the books. A DUI can shatter a person’s family life, ruin a person’s career, and haunt a person for the rest of his or her life.

Many people don’t realize how much damage a DUI can do. It stays on a person’s driving record for years, and carries many significant penalties. First, a person’s auto insurance rates usually skyrocket right after a DUI. In addition, if a person finds it necessary to use a company vehicle, whether a CDL truck or a small vehicle for deliveries, they may not be able to even be insured by their company’s insurance policy after a DUI, which could result in getting fired. Lastly, and while this isn’t an “official” penalty, it does happen without question. When a person has a DUI on his or her record, it becomes easy for a police officer to pull that person over for suspicion, even if they aren’t doing anything wrong. It’s unfortunate, but it happens.

What can a person do to prevent this if they ever find themselves facing a DUI charge? The absolute most important thing is to get a DUI lawyer as quickly as possible. Fighting a DUI without legal assistance is all but impossible. A good DUI defense typically costs a couple of grand, but relative to dealing with the problems of having a DUI on one’s record, it pays for itself relatively quickly. Most DUI lawyers will work with prosecutors and judges to get a DUI reduced before it even goes to trial. They can often get DUI charges reduced to much less serious charges out of court, resulting in charges that will drop off of a person’s record much sooner, and with much less life shattering consequences.

A DUI doesn’t have to be a life ruining event. While it can definitely be a wake-up call, a person should always do everything in their power to get it reduced to a lesser charge. DUI lawyers are a necessity for anyone dealing with a DUI, and there is no reason a person should ever just take the DUI charge and not fight it. Having a good DUI lawyer is the key. Without proper representation, a DUI can run one’s life.

Article Source: http://EzineArticles.com/?expert=Ryan_Akin

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DUI Stats


DUI

Your Miranda Rights Do Not Start When You Get Pulled Over, They Start When You Are In Custody


Fall Asleep In Your Car To Avoid Driving Drunk? You Might Get a Rude Awakening


What To Do When You’re Facing A DUI Offense


DuiAuthority

If this is your first DUI offense, don’t assume that you’re going to get off light.  Depending on where you got your DUI offense, the consequences can be life-changing and will no doubt affect your privilege to drive.

FIRST DUI OFFENSE

DUI laws vary from state to state. In some states, if convicted, a DUI first offense offense can land you up to a year in jail.  There’s also usually a fine that you will be required to pay. You will most likely also be required to attend DUI education classes and/or satisfy community service. Read More.

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