Rodney's DUI Talk

2006 illinois dui laws

Attorney Questions & Answers

54 million dollar lawsuit over pants.?
Is this the definition of frivilous or something worse? http://www.cnn.com/2007/law/06/13/trouse.attorney Terrible, the state bar should strip the judge of his law license. I'm not an attorney, but hold a state-issued professional license which is governed by an elected board. My license could be stripped from me for being unethical. I.

A question about court?
What chance does a person have if you represent yourself instead of hiring a lawyer in a change of parenting plans? I want to change the parenting plans but don't want the expense of a lawyer. I understand how you don't want the expense of an attorney. Representing yourself can be done. I use to.

Acting 'pro per' and the OTHER attorneys responsibility?
I am acting Pro Per in my divorce. My wifes attorney has not responded to any of my requests, emails or any other form of contact. This has been going on for Three months. Isnt there some obligation for her to respond to me. I hate to say it, but I.

After a demand letter is sent to an insurance company what happens next?
We usually give them a month to respond to the letter, sometimes they respond with an offer, sometimes they request further documentation, but they will extend their first offer, then the attorney goes back with a counter-offer, this goes back and forth and the attorney.

All My Sons movers have not complied with a mediation agreement. What should I do next?
During a move in Dec 2006, All My Sons Movers, lost, scratched, broke and otherwise completely mishandled a move. Based on .60 cents per # insurance, I agreed to a $400 settlement via a State of Texas mediator/attorney on May 10, 2007. These.

Another Question for Attorneys?
Now I know it is something you don't like to hear.you know people talk bad about other attorneys let alone yourself talk bad but I have a question about an attorney. If someone pays you $30,000 to defend them on a Criminal case and you have a month and a week to prepare.what are you.

Any remedy for taking horrible advise to settle equal pay suit from attorney who got lazy? I was reluctant?
I had a strong equal pay suit against a hospital that fired me days after asking for money equal to the men in my department. A few weeks ago my attorney seemed to become tired of working on my case.

Any suggestions on a good lawyer for custody issues in Maryland?
An excellent attorney for custody issues is Thomas A. Pavlinic, The Conte Building, 116 Defense Highway, Suite 502, Annapolis, Maryland 21401-7063 410-974-6560 (phone) 410-266-9710 (fax) - well it depends where you live in maryland but i have found that most lawyers suck. but if he is still.

Anyone know any good attorneys in the Southern Illinois area?
I need an attorney, and I need one now. I need an attorney for medical malpractice. I went to the same OBGYN for months, and I keppt telling him something was wrong, and I told him that I was having problems urinating, and he tested my urine and told.

Are they watching now?
To make a long story short, my hubby rec'd and injury at work that resulted in spinal fusion. He has an attorney , has been to a depostioin, has a mediation with the state workers comp rep and the lawyers involved next month ( this has been going on for 18 months now) His lawyer.

Attorney files?
When you get a new attorney, the old attorney normally gives the new attorney the case files that he has. Since I am doing stuff Pro Se at the moment, can I request these files from our old attorney as I am doing this Pro Se right now? He can charge you for any unpaid fees and.

Attorney for self?
I have a legal issue that i am concerned about and would like to be my own attorney. How do I go about suing others and reperesenting my self in a case that I kow I can win. What major steps do I need to take in order to take this person to court for damage.

Attorney in north eastern mass?
I need help finding an attorney, I've been rejected by one already and stuck in this rut and i need help. I got into a car accident and was blamed because I made the left hand turn. The police report is incorrect, me nor my witness were ever asked for our statement. I had.

Attorney taking too long?
My paperwork to become Executor of a will is currently being processed in a Michigan county court. I hired my attorney in Feb. and it is now May and I still haven't been appointed yet, therefore, the Estate bills still keep building up. Is 3 months the normal amount of time it takes to become.

Been on probation,does it give the police the right to stop you any time they feel like it and search you.?
Is it legal to be search,more than twices a day,on informal probation. no, call the judge's secretary and if that doesn't help, call the STATE'S ATTORNEY'S OFFICE and REPORT this MIS-CONDUCT --- IMMEDIATELY ! Also call an attorney.

Breach of Retainer??
My attorney withdraws after nearly three years of handling my lawsuit during the final Summary Judgment Motion (and the reason he gave was irreconc. differences), and I had to hire a new attorney to write the answer, and the new attorney charged me $7,500.00, plus 33.3 percent of settlement, and I did settle (for a really.

Can a default judgment awarded for assault & battery be dismissed if the individual files for bankruptcy?
On Monday, I believe I will be awarded a default judgment against an individual for assault and battery. Can this judgment be dismissed if the individual files for bankruptcy? My mother's attorney said that a judgment for an assault and battery case.

Can a notary accept a faxed copy of a POA to witness signatures? (Rhode Island)?
I am visiting family out of state and the paperwork for the sale of our house has come quicker than expected. My husband is in Rhode Island, and I am in Maryland. I would like to get a power of attorney so that he.

Can a power of attorney sign their name on checks or do they sign that persons name on that persons checks?
Make sure Bank has a copy of the POA, prior to writing checks. - sign their own names - Sign your own name, and most places you would put under it POA Jane Doe. Call the bank.

Can a state appointed Attorney represent his clients fairly if.?
Someone has a case against the state and can not afford an Attorney and then is appointed a state paid attorney. the first 3 answers here are B.S. no a court appointed lawyer will not represent you at his best unless in some isolated cases as the calif, lawyer.

Can an attorney partner with anyone who is NOT an attorney?
My father is looking to partner with a woman. She is an attorney and he is not. He would be setting up the business / investing and she would be the main attorney for the company. They would both be equal partners and have people working under her..

Can anyone recommend a good dui attorney for a resonable fee for 1st time offender in bay area, california?
looking for a good dui attorney in Bay Area, California..alameda county for a resonable flat rate fee between 1-3000k for 1st time offender. I would do a search on Targetlaw. Since its a first offense you should be able to.

Can employers legally verify a doctor's excuse?
Wouldn't that be violating hipaa laws? Yes, they can verify. - nope not at all i am an attorney and can tell u first hand its ok - no. i am an attorney and they can't - Yes they can! All they have to do is call the doctor and ask about.

Can I act as my own attorney in my daughter's guardianship case?
MY PARENTS WERE GRANTED GUARDIANSHIP OF MY DAUGHTER BACK IN 2000. MY 14 YR OLD DAUGHTER HAS BEEN LIVING WITH ME FOR THE PAST YEAR. I CANNOT AFFORD AN ATTORNEY. WHAT CAN I DO MYSELF TO REVERSE THIS GUARDIANSHIP? CAN MY PARENTS SIMPLY SIGN SOMETHING RELIEVING THEM.

Can I ask the court to lift a restraining order they put on my fiance?
6 months after an arguement between my daughter, myself and my boyfriend. The prosecuting attorney sent us a court date . The state decided to press charges on him. He has not been home nor talked to me since the morning he went to.

Can I be power of attorney if I am sole beneficiary in the will?
My father has been very ill, I am an only child and he wants me to be his power of attorney if things get worse for him. I understand his wishes but he has told me that I am the sole benificary in his will..

Can I call the attorney for followup?
I need your advice. I sent a demand letter to my attorney last week. I have not heard from him. He has until this Friday to respond back. Should I call him to see if he got the letter and if they going to reply back by Friday? Or shall I wait.

Can I file court papers and represent my self without my attorney?
Sure. Are you going to small claims, or is it a criminal matter? I wouldn't risk a jail sentence. - yes, but it would be stupid - You can, but if you have to ask that question then I'd suggest hiring an attorney - Yes, but.

Can I stop payment on a check I wrote my attorney when he appeared by telephone and was drunk?
Honor the check and if you have PROOF then take him to small claims court to recover. You can also notify the Bar Association of your claim for substandard representation. But the key element is PROOF. And the burden.

Can I sue my ex-wife for her attorney fees that i paid and mental stress damages amongst other things she did?
I left my wife after 10 years of being cheated on and lied to and mentally abused, I got completely raped in court. She got a bogus restraining order and I lost contact with my kids for 5.

Can Ruth be heard ululating in courtrooms when cases don't go her way?
Or does she just rant at the judge and go 'pffft' when rulings go against her in her role as a criminal defense attorney N/K/A divorce attorney N/K/A handler of big media cases? I'm sure this style really helps to further discourse and discussion, just as.

More Attorney questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Criminal Defense Attorney Chicago, IL | 312-566-9900 | Pisse

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Understanding the New York DWI

They say that Ithaca, NY is "ten square miles surrounded by reality," and I would imagine life would be easier if we could only all agree on what reality is.

It is often a challenging task for lawyers to clearly communicate the reality of their pending criminal charges. Explaining a legal situation by placing it in context, and in terms they can understand can be difficult. In the practice of DWI defense a discussion of the differences between reality, fantasy, and actuality are an integral and necessary part of the case evaluation process.

I always like to tell my clients, and potential clients that I deal in reality, and not fantasy. If they are looking for pipe dreams, long shots, and Disney happily ever after then they have the wrong guy. I am not optimistic or pessimistic, I AM REALISTIC.

Growing up on the streets of Brooklyn, NY gave me a real education. My father was a prison guard. He was always "on" so to speak. The man was very wise about understanding people. He was not the trusting type, so what I did not get on the street, I most certainly learned from him.

Reality always comes from a person's specific, personal, and unique vantage point. This viewpoint is likely grounded in a person's set of mental filters and life experiences. Jurors from various backgrounds who sit on the same case, side by side in the same box, will likely focus on different facts. All that they choose to hear and see are then interpreted through their own belief systems. The unanimous conclusion they form over a person's legal guilt or legal innocence hinges on their agreement as a cohesive group over what the facts mean to them. A not guilty verdict in a DWI case does not mean innocent, NOT GUILTY merely means NOT PROVEN.

It is often the case that agreement between the jurors over "whether a person was driving while intoxicated (DWI) or driving while their ability was impaired (DWAI)" may have less to do with the truth of the evidence presented and have more to do with how they see and interpret the world.

The prosecutor and the defense attorney will both present the same set of facts but from different points of view, and with different conclusions. Which story (focus), and which conclusion regarding the DWI charge the jurors believe will partially rest on their upbringing and unique set of life influencers. That is why the jury selection or de-selection process called "Voir Dire" (literally to speak truth) is crucial to discovering possible juror prejudice or bias. Voir dire is when both Judge and attorneys can ask the jurors questions to bring out issues of partiality or unfairness amongst the jury pool prior to them being picked to sit for a trial.

In a DWI trial, we certainly want jurors who can be fair and impartial. If they or a family member was hurt by a drunk driver they will likely bring a highly charged prejudice into the Courtroom. If they or a family member works or worked in law enforcement this will likely color their opinion in favor of the police officer and breath test operator's degree of credibility and subsequent testimony.

The "Reality" Question: Can the jurors put themselves in your shoes?

If you are under the age of 21, and were out on a night of illegal drinking (you must be 21 to legally drink in New York State) and you had a grinder on the front seat (a device used to get rid of pot seeds) then a jury of people from the ages of 40 to 70 who do not smoke may not be in your favor.

In contrast, if you were out celebrating your birthday with family and friends, and you were over 21 at the time, the scales will probably tip in your favor. This is because many people will likely relate to your legal and normal, social celebration of that special occasion with alcohol.

Jury empathy is powerful. Your unique set of facts on the night of your stop and subsequent arrest speak volumes to people who can see themselves, and their own behavior in your situation.

The main purpose of an attorney review and evaluation of your criminal case is to clearly, completely, and objectively dissect the evidence against you. I cringe when attorneys tell me it only takes five minutes to read a police report.

I believe that Only after an attorney has complete discovery (police reports, accident reports, investigative notes, and records), and your version of the event, can he or she give you a fair and balanced legal opinion. The law is based in degrees of culpability (fault), and likelihoods (probabilities). Is it likely based upon all the facts, the charges, and the totality of the situation that the government can prove all the criminal charges beyond a reasonable doubt? You can not sweep bad evidence under a rug.

Fantasies focus on false facts and/or negation of true facts. For example, time lines are true facts. Creating a DWI chronology is powerful defense strategy: The time of the stop, the time the field tests began, the time the field tests ended, the time of the arrest, the time of the  breath test. How much time was given to each event? Was that a fair amount of time to instruct, demonstrate, and evaluate? Was it a credible (believeable) amount of time?

In the world of fantasy, facts that have no weight or bearing or relevance upon a legal situation are talked about, repeated, and emphasized by a client. A hallmark of the fantasy is having unreasonable expectations based upon the totality of the situation. The following are a few examples of fantasy based thought patterns:

Being a good student, from a respected family, with excellent character references may have bearing upon a Court's sentencing and punishment but will have little bearing upon the prosecutor's decision to pursue or downgrade the criminal charges, ie. offer a plea.

A Police officer who observed and reports in detail a driving pattern over the course of several miles with long periods of erratic and dangerous maneuvers can not be overlooked, it can not be negated, and it must be addressed at trial.

Doing 94 MPH in a 55MPH zone while having a bottle of Bourbon, and a pipe containing marijuana on your front seat will generally have an negative impact upon a jury, and a bearing upon your case.

Incriminating statements made after receiving your Miranda (right to remain silent, etc.)warnings, such as: "I should not have been driving tonight" or "Yeah, I had more beer than I can remember" or "I am 100% guilty" or "I made a stupid decision" must to be considered by your attorney for a fair case evaluation. Admissions of guilt after being warned of your right to remain silent are powerful prosecution evidence. DWI cases always have strong or weak defenses based upon and within the facts. Admissions of guilt whether verbal or written are likely damaging to your legal innocence.

The "Fantasy" Question: Are my expectations concerning my case reasonable and fact based?

The Actual is a viewpoint that seeks all the information, both the good facts and the bad facts. It is a view that is balanced, stable, and non charged. It is an awareness that two sides always exist. I am a fan of Ralph Waldo Emerson. In 1841, he wrote an essay on the Law of Compensation. The piece is a brilliant and thoughtful look at the two sides of every event and thing. I believe that most DWI cases have an actuality base of both good and bad facts. Attorneys usually have to seek out (discover) the good facts that can help our cases. The good facts may be that the field sobriety tests were administered unfairly. Maybe your failure of certain tests was based on the walking of an invisible line, doing the tests in high heel shoes, or the subjective grading scale that was used. Should missing only two letters of the alphabet count as a failure of the test? The bad facts are easy to find because they are commonly written about within the police report and investigation notes.

The evaluation of the strengths and weaknesses of any DWI case hinges upon the specific patterns of facts and their potential interpretation by a Jury.

The old saying, "if it looks like a duck, walks like a duck, and sounds like a duck it most probably is a duck" holds true in most jurors minds. Overall, how did you move, talk, and act?

Alcohol is known to affect mental function before physical function. On the night of your arrest how was your mental behavior pattern? Were you able to: understand directions, follow instructions appropriately and in a timely manner, formulate intelligent responses to questions, and recall information that was requested? For example, there are five parts to the Miranda warning. Were you able to communicate your understanding of all five parts? Were you able to produce the correct documents in the order requested they were requested?

How was your physical behavior pattern? On a scale of 1-10, how was your performance on the field side tests? These balance and coordination exercises have many parts. Did you fall down? Were you able to walk normally? Were you able to stop and start when directed? All of your physical movements (demonstrating function) during the entire police "encounter" should be examined and evaluated.

If you were merely pulled over (stopped) for an equipment violation or a dated inspection sticker, then it is likely that your driving pattern was normal. If you were stopped for speeding, it could be argued that it generally takes more coordination, concentration, and focused attention to keep a car in line with the roadways and traffic at higher speeds.

There are 24 commonly observed driving patterns that signal nighttime impaired motorists. These come from the National Highway Traffic Safety Administration booklet- "The Visual Detection of DWI Motorists" (DOT HS 808 677).

These are a few of the bad patterns of driving behavior: weaving, straddling lanes, swerving, turning wide radius, drifting, almost hitting cars or railings, stopping abruptly, accelerating rapidly, decelerating rapidly, very slow speed, slow response to traffic signals and/or the police officer's signals.

Now keep in mind, you can be a bad driver, a tired driver, or a distracted driver and display any of these erratic patterns without any alcohol in your system. Was there another non alcohol related reason for your poor driving behavior? Your lack of sleep, being overly worked, having a cold or an allergy can all contribute to bad driving behavior. Raising evidence of other non alcohol related reasons for behavior that could be due to alcohol is called evidence of reasonable doubt.

The Actuality Questions: What were your behavior pattern and driving pattern on the night of the arrest?

Were they consistent with my reported BAC (Blood Alcohol Concentration)?

This is the juncture where true case evaluation comes together. We must put everything (all the facts) into the context of juror perspective. Taking all the mental function facts, physical function facts, and driving pattern facts together are they a consistent and believable match to your Breath Test machine result? DWI defense lawyers like to call this the "disconnect theory." This is because if the BAC does not match up with all the other evidence, it stands alone, and it is disconnected as a piece of evidence. It can be viewed by the jury as invalid and inaccurate.

The jurors have an important trial decision to make. In these types of cases the jury must decide whether to hold you guilty by the breath machine's number alone (that is the DWI 1192 (2), "per se" >.08 BAC charge), or to value their own better judgment and common sense by looking at all the facts of your case.

I would like to believe that in these situations people are not swayed by false science. I would hope that they trust themselves enough to follow the Judge's instructions on the criminal legal standard of beyond a reasonable doubt with all proof (evidence) brought before them.

So there you have it, if the jurors can empathize with you, if you have a safe and proper (non erratic) ndriving pattern or a non alcohol related reason for an erratic pattern, and if facts can show that you possessed normal (coherent) mental function on the night of your arrest that marks the beginning of a great DWI defense in spite of your high BAC number.

About the Author

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer and my mother a waitress. I now live in Ithaca, NY with my wife (of 20 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing DWI defense law within the Fingerlakes Region of New York State. Lawrence Newman, www.ithacadwi.com, 607-229-5184

My favorite quote: "Question Authority"

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Classic Mr Turner DUI Test

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Dui Defense Lawyer

3 Tips for Choosing the Best DUI Defense Lawyer

California is beautiful ,but it also has a high rate of DUI arrests. With over 14,000 arrests for driving under the influence each year, it's safe to say that these courts are kept very busy with these cases. The attorneys in this area also kept quite busy.

The penalties for this type of driving offense are very steep here. For the first offense, you may spend 48 hours to six months in jail, pay a fine from $390 to $1000, and lose your driving priveledges for up to six month. You are also required to take alcohol/drug rehabilitation classes. If it's your fourth offense in San Diego, you could spend from two to three years in the a California state prison. You would also lose your license for up to four years. Any DUI case can also have your vehicle impounded for up to six months. While you may think that you are just going to defend yourself, it's not a wise move. You need to find an experienced DUI lawyer who knows the area, the police, the courts, and other important factors.

If you're arrested in this great city for DUI, there are three tips you need to know in order to choose the best lawyer. The right lawyer may be able to keep you out of jail. Here are the three tips you need to know:

Tip #1 You Need an Attorney that Understands the court System

The best attorneys understand how the system works in this great city. Every city and county is different, especially when it comes to dealing with the court system. A new member of the California bar practicing law may not know all the ins and outs of the courts yet. They also may not be familiar with all the nuances and considerations needed to get things done. However, one that is experienced with the courts, prosecutors, and judges may be able to work a deal where you get to keep your driver's license. They also may be able to keep you out of jail.

Tip #2 You Need an Aggressive Attorney that Can Fight Effectively for you in the Court System

You need an attorney that will fight for you. You don't want one that will simply take the first plea offered by the prosecutor, unless that is your best deal. It's important that they will carefully examine your case. There are several reasons that may get this type of case may end up dismissed. For the right lawyer will know how the police and sheriff's departments work in this area. Your attorney needs to be thorough in examining everything about the cases - not just trying to get your money and the easiest disposition they can. A lawyer who is familiar with the police and sheriff's departemnts here is also a plus. If there is any sign of discrepancy from these law enforcement agencies, a DUI attorney will know how to find out more information.

Tip #3 You Need an Attorney that Doesn't Run a "Cattle Call" Business.

There are many attorneys that offer deeply discounted rates for driving under the influence cases. For people without a lot of cash, this may seem like a good thing, but in fact, you can become nothing more than just a number. You certainly don't want your attorney to forget your name or your face as you appear for court! Avoid these types of "cattle call" attorneys and be more than just a file on his desk.

A Final Thought or Two

How do you find the right lawyer? Start with talking to your friends and family members from the area to see who they recommend. Many attorneys here have a website that lists their areas of practice. The local yellow pages is also a good place to start. When it comes to paying the retainer, some lawyers will take payments once you pay a sizeable chunk of the retrainer. Remember that the court and the police officers cannot recommend an attorney. Besides, do you really want to take their recommendations?

About the Author

Finally! You can choose the right San Diego DUI Defense Lawyer for your case! There are several tips and secrets that you should know about these cases and I'll show you these and much more information! The key to staying out of jail and keeping your driver's license is hiring the best San Diego DUI Defense Lawyer!

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The Most Common DUI Mistakes

There are hundreds of Phoenix DUI attorneys who dedicatedly serve to clients with DUI (Driving under Influence) conviction across Phoenix, Scottsdale, Tempe, Gilbert and other surrounding cities of Arizona. Regardless of the type of DUI charges you are facing, it is best to find yourself an extremely efficient Phoenix DUI defense attorney in order to protect your rights and your future. The main goal of these experienced and educated criminal attorneys is to provide their clients with the most efficient and effective legal resources and guidance required to get successful results for any kind of Phoenix DUI charge.

DUI cases are generally very complex and can be quite confusing at times. There are a lot of loopholes and pitfalls in DUI offenses that need to be understood clearly and sorted out by professionals. No matter whether it is DUI in Phoenix or in Seattle, DUI mistakes remain same for every case. However, in this article you will find some of the very common mistakes and pitfalls of DUI.

• Not understanding the seriousness of a DUI case is perhaps one of the biggest mistakes people make. DUI or Driving under Influence of alcohol or drugs is considered to be a serious criminal offense. It can turn out to be a criminal misdemeanor or felony resulting into imprisonment (jail or prison time) and a permanent criminal record for the person driving under the influence.

• Not consulting a DUI attorney is another mistake that over-confident and ignorant DUI convicted individuals make. They think it is simply a problem and harassment that they are capable of handling themselves. What they do not understand is its consequences. This ignorance results into jail or prison time. Many people in Phoenix and other Arizona cities end up in a mess for not hiring an experienced and skilled Arizona DUI attorney to fight their case.

• In this respect one must remember that hiring an inexperience attorney for saving some money will not do any good in the long run. A local attorney can be hired on much lower fees, but that might cost you your future and fortune and you might end up serving a jail time for doing something you never intended to do.

• Not showing up for the hearing is perhaps the greatest mistake. Ignoring a criminal case like DUI is a very foolish act. If you do not appear in court, there is a high chance of a warrant being issued for your arrest and suspension of driving license. In some states, in situation like this, an additional criminal charge is enforced on offenders for failing to appear.

• Like any other USA state DUI law, Arizona DUI law too gives every accused the right to hire an attorney. One should always take advantage of this right and hire the Best DUI lawyer in their city.

• License hearing is a vital part of a DUI case and missing the deadline for this hearing is a very common mistake. In most of the U.S. states, an offender's license goes into suspension after a certain period of time unless the person or his or her lawyer requests for a DMV hearing. If you miss the deadline, it will be impossible for you to get back your license.

• Out-of-state DUI arrest is a very serious issue and must be immediately taken care of. Many people get charged or even arrested for DUI while they are out of their country on vacation or business. They intend to forget the whole issue once they are back home. In these cases, offenders can be arrested and extradited back to the state where they had committed the crime or their license can be suspended until the case is taken care of.

However, it is always better to be careful and not drive under the influence of alcohol or drugs in order to stay out of the hazards of DUI offenses and have a clean legal record.

About the Author

Steven Brown is a professional Internet marketer. To get the Phoenix Dui Attorney Arizona Dui Attorney, Best Dui Lawyer Best Dui Attorney Phoenix or Phoenix Dui Attorney Phoenix Dui Lawyers visit phoenixduiattorney.biz

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