Of all the rulings that have come down from the U.S. Supreme Court over the years, the Miranda case is perhaps the most misunderstood by non-attorneys – and perhaps even some attorneys. Hundreds of time, our office has heard, “but I was never read my rights” as a suggestion that the police engaged in some […]
Posts tagged ‘DWI’
According to Mothers Against Drunk Driving, 28 people die every day because of someone impaired behind the wheel. Though there have been plenty of studies confirming the risks of drunk driving, studies have not found similar results for driving while under the influence of marijuana. It is not clear if it even increases the number […]
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 […]
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.
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
Have your mandatory alcohol and drug evaluation completed prior to going to trial.
The first reason for this suggestion is if you do have an alcohol or drug problem, the sooner you face the problem, the sooner you are on the road to beating the problem.
Second, even if you do not have a drug or alcohol problem, the sooner you seek a private, independent assessment, the more likely this prompt action will impress your trial judge, in the event of a conviction or if your DUI-DWI attorney can arrange a favorable negotiated plea in your case.
Furthermore, the results of you actions may also be used by your attorney in his or her discussions with the prosecutor.
If this evaluation shows you have no drug or alcohol problems, this might give some credence to yet another reason why the charges against you might be lessened.