Rodney's DUI Talk

pa dui reports

San Jose Dui Lawyer Says Police Do Make Mistakes!

If you have been arrested in California for DUI having a good lawyer is critical.

Understanding law is one thing. As a practicing defense lawyer, my court experience goes far beyond my Stanford Law School credentials.

As a practicing lawyer for over 30 years, a former deputy district attorney and being intimately familiar with the local courts, I have the "street" knowledge of our legal system necessary to get my clients the best results possible.

You may think there is no point to fighting a DUI, but I often negotiate great terms for my clients. Even better, in many cases I can get charged dropped!

"And they say you can never beat a DUI! Not only did you get them to drop that charge, but I never went to jail." -Peter-James J., Oakland, CA

How do I do this for my clients? You may surprised at the number of possibilities in your favor.

Police often make mistakes. Here are some examples of police mistakes you can use to your benefit:

• Failure to read Miranda rights
• Mis-calibrated breathalyzers
• Improper sobriety tests
• Invalid tests due to medical conditions such as acid reflux or diabetes
• Improper seizure of blood sample

There's more…

I know the DA only wants to move forward with serious cases, especially in these difficult fiscal times. Despite the fact that the DA has a number of resources to draw on, time and workload is often not on their side. There are times when the criminal court system is overburdened, especially now when budgets are so tight.

By working with the DA to resolve your case quickly, I am actually doing them a favor. And, of course, you benefit the most from this.

It's a win-win-win for everyone.

And there's more your case may have going for you but I think I've made my point.

With your freedom and reputation at stake, you cannot afford to have an inexperienced lawyer represent you.

You have enough to deal with, let an experienced lawyer take on this burden for you and sweat the legal details, so you will have less.

Here's what I can do for you:

DMV HEARING

I will represent you at your DMV hearing.

I will contact the DMV and set a date for your hearing. I will ask for all the evidence to see if there are any mistakes. I will try and save your license.

COURT

I will appear at the arraignment and obtain the discovery I will appear at the pre-trial conference and, when appropriate, file one or more motions to suppress.

I have motions for most situations.  If you felt something about the arrest was unfair I will fight for you. Even if the police did not make any mistakes I can still negotiate the best offer.

POLICE REPORT

In the two page police report, I look at the field sobriety test location, the preliminary alcohol screen information (PAS) information—the breath test—and then I check the chemical test information (Breath, Blood or Urine).

Attached to the police report is the officer's narrative. This contains the first observation, the observations after the stop, the field sobriety tests, one leg stand, Romberg balance, walk and turn and PAS (breath test), other details of the arrest and any recommendations.

Then there is the sworn officer's statement in the DMV's form called the DS-367. This is where the officer gave his or her account to DMV in a sworn statement.

BLOOD TEST

This is a chemical test, with sometimes two separate pieces of evidence. There may be a document from the person who actually took the blood and another document from the person who analyzed the blood.

SERVICES AND FLAT FEE

I charge an inexpensive flat fee for first and second time DUI matters, usually no more than $3000 and often as low as $2500. First, I will explain to you the system, talk about the case and answer your questions.

I am usually looking for two or three openings. The field sobriety tests offer opportunities for motions, as do check points, breathe tests, and blood tests. I will be looking for mistakes that can make all the difference in terms of winning your case or getting a better offer.

You should do what you think is best based on an informed understanding of the situation and my suggestions.

If you don't know this already, you must take action right away – Taking the first step now gives you the best chance for the best results. Waiting too long to get started planning your defense could be detrimental to your case.

About the Author

Douglas Slain

San Jose DUI Lawyer

I am a graduate of Stanford Law School and a former deputy district attorney. I will provide you with an aggressive and proactive DUI defense, always questioning the prosecutor's charges and demanding a dismissal when appropriate. Call 415 465-2062, even right now.

03.08.09 - Car accident with report of rescue, Race St., Hanover Township, PA

[phpbay]pa dui reports, 100, "", ""[/phpbay]

drunk driver hits bikers

Wear Motorcycle Helmets? That Is A Good Question!

Motorcyclists are always evaluating the use of motorcycle helmets. Is this simply a matter of preference or are there significant issues to be considered?

A friend of mine (Bill) has chosen to ride with a helmet, or at times without a helmet. He says it depends upon riding conditions for him.

One day he was on a two lane road, traveling about 50mph when a tractor trailer truck pulled out from the right side of the street to go the same direction. His thought was to maintain his speed and simply pass the truck. Which, most likely could be done. Unfortunately the truck driver did not have enough room for the turn, and stopped dead still, crossing both lanes.

Bill was now approaching the truck too fast and too close to stop safely. He tried breaking hard but immediately knew he was facing the side of the trailer head-on. With quick thinking he laid his Harley on the side and slid under the trailer and on down the road a couple hundred feet.

Relaying his story to me, he was flat on his back, feet first, with his arms spread out and his head bopping on the highway. When all was finished he gave credit to God for helping him and praised his destroyed helmet for saving his life. Plus, the leather jacket and gloves that had taken the tears in place of him.

My friend only suffered from some sore muscles and hurt pride. But, it brings up the subject of helmet safety.

In the KSL-TV News of South Jordan, the Police Chief ,Dan Pearson, is likewise teaching people that motorcycle helmets save lives, after losing three friends to motorcycle accidents in two years. All three suffered from head injuries and none were wearing motorcycle helmets.

Then, the police chief himself was involved in an accident on highway 89 North of Afton, Wyoming.

A truck towing a horse trailer had passed him and pulled in front of him, hitting the front of his motorcycle with the spare tire mounted on the back. Dan was thrown off his bike, landing headfirst. He says, This injury would have been a fatal blow if I had not had the helmet on. Dan suffered from bruises and a few broken bones.

The National Highway Traffic Safety Administration reports that motorcyclists survive a crash and receive less serious injuries when wearing a helmet. They report that at least 600 people are saved each year.

One question that is asked, motorcycle helmets might protect your brain but can it increase your chances of a broken neck?

Dr. Michael Yorgason, a surgeon at Montana Orthopedics and Sport Medicine, states that the findings from medical literature shows: autopsy studies done after fatal motorcycle accidents have shown that neck injuries and fractures are equally likely, whether you are wearing a helmet or not.

Yet, most medical reports support the use of motorcycle helmets. They believe that the helmet generally decreases the risk of head and brain injury significantly and surmise that wearing them does not increase your risk of neck injury.

An Italian study concluded that a helmet decreased injury by 66%.

A Thailand study found that after making motorcycle helmets mandatory, head injuries decreased by 41% in 2 years.

Now, in Kentucky, a study revealed that brain injury increased by 4.3 times when not wearing a helmet.

In an article written by Jonathan P. Goldstein, PhD. titled The Effects of Motorcycle Helmet Use on the Probability of Fatality and the Severity of Head and Neck Injuries. He concludes that there are a number of variables in a study that puts the study in question.

Major differences are held concerning helmet use or non-helmet use. Normal results compare death and injury rates are two and three times greater for non-helmet riders and increases in occurrence rates in repeal years that vary from 19% to 63%.

On one side: the helmet verses the non-helmet study fails to consider these two classes of riders. Stating that helmet riders are more cautious by nature.

One, they drive slower, thus have slower speeds in crash situations.
Two, they are less likely to have an accident.
Three, helmet wearers are less likely to drink and drive (alcohol or use of drugs). These behavior changes dramatically reduce a riders risk.

On-the-other-hand, factors to consider are:
1-average age of the biker
2-average miles driven each year, per biker
3-average experience of the biker 4-the size of the motorcycle driven.

So, between the size of the bike, potential speed, age, risk taking and alcohol ingestion; simply, cannot realistically prove the effectiveness of helmet use.

The Goldstein study did approach these variables in question. They reported a study that evaluates the effectiveness of motorcycle helmets in accident situations. The conclusions are:
1-Motorcycle helmets have no statistically significant effect on the probability of fatality.
2-Helmets reduce the severity of head injuries.
3-Past a critical impact speed of 13 mph, helmets increased the severity of neck injuries.

The report then concluded that helmet users face a trade-off between reductions in the severity of head injuries and increases in the severity of neck injuries.

Under these circumstances a mandatory helmet use law cannot be reasoned to be an effective method to stop an individuals death or injury when involved in an accident.

Perhaps other choices need to be considered in providing safety in motorcycle use. Here are three suggestions.

One, educate the general driving public (car and truck drivers) in road use with motorcycles.
Two, educate inexperienced motorcyclists on accident avoidance (evasive action) and the proper use of these powerful machines.
Three, create a strict enforcement of drunk driving laws. [Some studies show that alcohol consumption is the major factor in deaths and injury.]

Harley-Davidson offers basic and advanced training to 200+ dealerships in 30 states. Honda has four training centers. BMW is considering advanced training but says they tend to attract seasoned riders.

It is believed that training cuts panic. You need to know how to negotiate a curve and resist the urge to brake, etc.

Here are some other factors that need to be considered. Tires should be inflated to the proper level.

A riders visibility to be seen. Tests have shown that the plain white motorcycle helmets are the easiest to be seen. Clothing makes a difference between day/night.

US DOT findings discovered that following the Helmet Law Repeal in Texas and Arkansas from Aug/Sept of 1997 to May 1998, helmet use dropped to 52% in Arkansas and to 66% in Texas.

In Arkansas motorcycle fatalities rose 21% following the repeal and head injuries increased 18.5%. Texas fatalities rose 31%.

One court case in California disputed what standards were set for qualifying a helmet as safe. For a list of the US Government Compliance Testing of Motorcycle Helmets you can check to see if your helmet passed or failed. Check with the National Highway Traffic Safety Administration (NHTSA).

When I am on my motorcycle, I know what I am doing. I do not know what the other driver is doing. So, with the many facets of helmet use and considering the pro/cons, I choose to wear a helmet. You will have to decide for yourself!

About the Author

Lonny Wolford endorses motorcycle saftey and great quality bikes at my website http://www.toplinemotorcycles.com

Drunk Driver Hits Girl on Bike - Scene from All Saints

[phpbay]drunk driver hits bikers, 100, "", ""[/phpbay]

dui wang jimmy lin mediafire

Jimmy Lin - 10/17/08 Shanghai concert Dui Wang

[phpbay]dui wang jimmy lin mediafire, 100, "", ""[/phpbay]

dui stop video

Dallas Dwi Attorney & Drunk Driving Defense

Most of us have heard stories on whether or not to take a breathalyzer or the sobriety tests that the police officers administer during a DWI stop. As always the best method to keep yourself from getting a DWI is not to drink and drive, but if you do happen to get pulled over the following tips will help improve your chances of beating a DWI conviction.

�

The only thing that you are required to do when you are pulled over for a DWI is to give the officer your proper identification. You do not have to take the breathalyzer or sobriety tests. However by not taking these tests you may run the risk of being arrested and facing a temporary suspension of your license. However refusing the tests does not automatically mean that you will be arrested and temporarily lose your license.

�

Compared to a DWI conviction an arrest and a temporary loss of your license are nothing . By refusing to participate in the sobriety tests and breathalyzer you limit the amount of evidence that can lead to your guilty conviction in the court of law. Any Dallas DWI Lawyer will agree that it is hard to convict someone for a DWI if there is not evidence to support it.

�

Make sure you are polite when you inform the police officer you will not be taking the tests. It is usually best to politely ask the officer if you are required to take any of the tests, and then say something like, "I am not intoxicated, and I do not feel comfortable taking tests that I have never performed before." Remember police officers may be recording audio/video so make sure to state that you are not intoxicated and be polite during all interaction with the officer .

�

This method is commonly referred to as the just say no method, and the idea is that to limit the amount of incriminating evidence against you. Once again this does not ensure that you will not be found guilty for driving while intoxicated in the state of Texas, but it can improve your chances in the court of law.

�

The best way to keep from getting a DWI is to not drink and drive. If you are unsure about whether or not you are ok to drive, a taxicab is a lot cheaper than a DWI.

�

About the Author

For More information on Dallas DWI Attorney, visit our website

Raw Video: Sahel Kazemi's DUI Stop With Steve McNair

[phpbay]dui stop video, 100, "", ""[/phpbay]

dui second offense

What happens on your second DUI offense in FL. with and with out a lawyer please?

i have recieved a second DUI in less than 5 years....=O !!!!! and now im really worried about what is going to happen, people keep saying im going to have to serve 30 days in jail and lose my license for a long time...what do i do and how do i go about solving this problem?!?!?! PLEASE HELP!!!!!
i know what i did and am willing to face whatever consequences i have coming to me, but i need to plan ahead and am looking for advice, not criticisim! and i had a DD, they bailed out on me and got drunk..i stopped drinking waiting an hour then left

Drunk drivers are a scourge!!

I would like to see;

1st offense - 1 year suspension of a drivers license after completing a 2 year prison sentence and paying a $50,000 fine.

2nd offense - lifetime prohibition from driving, a 5 year prison sentance and $100,000 fine.

3rd and subsequent offense - 25 years w/o parole or possibility of parole; $250,000 fine

hopefully by then they will learn not to drink and drive.

I have no pity for a drunk driver, none!!!!!! Let alone someone that has done it more than once......

Plead guilty if you did it, pay your fine, serve your time, be glad that you are not in some other countries where they don't believe in slapping the hand of a drunk driver and have real punishment for it.

Vigilante 8 second Offense 12/18 Walkthrough Marathon (Boogie)

[phpbay]dui second offense, 100, "", ""[/phpbay]