What is DUI or DWI? DUI or DWI is a crime which is caused when vehicle is driven under the influence of alcohol. With that it is also important to understand that drinking and driving is not a crime (for adults) but the crime comes from impaired driving or driving with high level of alcohol in the blood. USA and DUI or DWI crime: In 1910 USA adopted law against drunk driving. New York was the first state to implement this law and thereafter other state followed it. In some states, violation of this law is termed as DUI (Driving Under the Influence) and in other states it is called as DWI (Driving While Intoxicated). What if any person is caught under DUI or DWI Crime? Following are the important points need to follow when caught under DUI or DWI crime: – Search for DUI or DWI attorney who is specialized in such type of charges. This is because their success rate is much higher than regular attorney. – Get a free consultation from three or more DWI attorneys. This will help to narrow down the choice to select the best DWI defense attorney. – Find out, who among them, is a member of or affiliated with, National College of DUI Defense. – Select the best out of them. The most experienced, with high success rate and whom the victim is comfortable with, along with it’s service fees. – Attorney fees may be fixed or on hourly base. Attorney… Continue reading
Archive for the 'Legal' Category
Defense against a DUI charge starts with the citizen. Citizens have rights and, in many cases, officers will be able to build a case when a citizen becomes flustered, forgets their rights and submits to tests, interrogations and other procedures without knowing that they have the right to decline. Whenever one is pulled over, whether they’re intoxicated or have just had a drink or two, one needs to be prepared to deal with the situation in a way that is respectful and polite to the officer but which does not include backing down on one’s civil rights. Drunk driving arrests often begin when the officer “smells alcohol” when approaching the vehicle. Drivers do have the right to have gum, mints, a cigarette or an air freshener in their vehicle and most certain have the right to use any of those items before the officer approaches. Drivers need to be aware of some of the tricks used by officers to essentially get a driver to admit to an infraction of the law and to thus, sacrifice many of their rights. When asked a question such as “Did you know you were speeding?” one has the right to not answer. Most officers will request a field sobriety test or a breath test. A citizen has the right to decline both and, in many cases, they should do just that. Anyone being investigated for DUI offenses has the right to request a blood test which is more accurate than either the field… Continue reading
– As a former prosecutor and now DUI DWI defense lawyer, Michael Discioarro has reached out to the Queens community in order to provide effective defense against DWI DUI cases. Mr. Discioarro’s new website WWW.DWIQUEENS.COM provides specific information regarding how these cases are handled in Queens, NY. ”The Queens District Attorney has taken a tough stance against DWI DUI defendants.” Mr, Discioarro said. “It is important to have an experienced attorney on your side to get the best results.” In most cases, the NYPD now will confiscate a defendant’s vehicle, take his license away and ask the prosecutors for jail time in cases where there has been an accident. In addition, the New York State law was recently changed to make it a felony for a person to be driving drunk while a child is in his or her car. All of these new tough measures will have a serious effect on the lives of those affected by DWI DUI charges. The NY DMV will also try to take your license for a year. In addition, the new law also forces those convicted of DWI DUI to install ignition controls to monitor their breath before they start their car. This can lead to several problems. First, if its a family car other people other than the person convicted may drive it. Additionally, often these machines malfunction, leaving a family stranded. he Washington State Supreme Court found that the state broke its own rules for maintaining alcohol breath-testing machines and has ruled unanimously that alcohol… Continue reading
Defending a case of DUI or driving under the influence in Washington DC requires the services of an experienced DC DUI lawyer. These cases do require an understanding of the various technical and medical evidence that is gathered and which results in a charge of DUI being made. For those who have been charged with a DUI offense finding a good DC DUI lawyer to represent you will give you the best possible chance of being either acquitted or receiving the minimum penalty available. Not all lawyers will have experience of DUI cases so it is important to look for those who only specialize in DUI.Prosecuting DUI cases can be as difficult as they are to defend. There are many areas within the prosecution case which can be undermined either by alternative theories being put forward or by a failure in procedures or by personnel. These could include offering up alternative theories for why the defendant was acting in the manner which brought about suspicion of DUI or procedures not being followed correctly when tests where being carried out.It is the task of your DC DUI lawyer to question the evidence presented and to present reasons why it should be made inadmissible in court. For this reason it is important that you hire a lawyer who has the experience to question the evidence presented and who understands the procedures by which it was obtained.Once you have been charged with a DUI offence it is important that you seek to… Continue reading
If you have been charged with a DUI (driving under the influence) offence then you are perhaps wondering what will happen next. Getting the expert advice of a qualified DC DUI lawyer will help you to understand the charge(s) against you, the judicial process and what the likely penalty will be.In most cases your first meeting with a DC DUI lawyer will be free of charge and they will explain to you the state law as it applies to your case, the court process and the likely outcome of the court hearing. Should you then decide to hire them, they will work on preparing the best possible defense for your case with a view to obtaining the most lenient penalty applicable to the charges against you.It can also be beneficial for you to familiarize yourself with applicable state law on charges of DUI as they relate to your case. Your DUI lawyer may also discuss the possibility of entering a plea bargain whereby you plead guilty to all charges in return for a lighter penalty.If you are stopped by a police officer whilst in your vehicle, for any violation of traffic law, they are likely to look for any signs that you are under the influence of alcohol, including the odor of alcohol on your breath, fumbling or slurring of words and sore or watery looking eyes. If they suspect you are under the influence then they will probably test you for being DUI. These tests are known as… Continue reading
