Dui Evaluation

Posted in Uncategorized by admin on February 19, 2010 No Comments yet

Dui Evaluation

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Who Needs a Substance Abuse Evaluation?

A substance abuse evaluation is an assessment of an individual to discern whether the drugs or alcohol use is a problem in the person's life.  There are basically three general categories of using drugs, which are social use, abuse and addiction.

Social Use is either the experimentation of drugs or alcohol, or the occasion use of the drug with no negative consequences associated with the use.  Abuse is the periodic or regular use of the substance, and the user experiences some negative consequences such as relationship problems, legal problems, work difficulties or physical health issues.  Addiction is the regular use of a drug that develops into a dependency.  Addiction includes all the problems of abuse, yet the user develops a physical or psychological dependency on the substance.

Who needs a substance abuse evaluation?  The 3 most common situations that require a substance abuse evaluation are to assist in a legal problem, to assess a family member or to help an employee deal with a work situation.

Substance Abuse Evaluation for a Legal Situation

Often, an individual that has been arrested for a DUI (Driving Under the Influence) or a DWI (Driving While Intoxicated) will be court ordered to have a substance abuse evaluation done by a qualified professional.  Sometimes an individual who is in a custody dispute may be required to have an evaluation if they have a history of drug use.  Another circumstance that may require a substance abuse evaluation is a person who has been arrested for disturbing the peace, aggravated battery or a domestic arrest in which the offender was intoxicated.

Substance Abuse Evaluation for a Family Member

When a person has a substance abuse problem, the closest family members are usually the first people to recognize the problem.  The substance abuser will have resistance to receiving help, yet they sometimes are open to having an independent evaluation.  Parents, who have dependent children, may require an evaluation if the parent suspect drug use.  Sometimes, a spouse may be recommended to have an evaluation, if the drug use is causing problems in the relationship.

Substance Abuse Evaluation for an Employee

High absenteeism after holidays, coming to work intoxicated, erratic behavior, frequent and unpredictable mood swings are some of the situations that can cause an employer to suspect drug or alcohol abuse. Some companies require random drug screens, and a positive drug screens will often create a need for a drug evaluation.  An employer can have an independent substance abuse evaluation, and require the employee to abide by the recommendations as a condition of continued employment.

What is the Process for a Substance Abuse Evaluation?

First, the client will fill out some general assessments and the have a one on one interview with the evaluator.  The interview typically will take 60 to 90 minutes.  The interview is a series of question and answers, and the evaluator will judge the information according to the criteria for social use, abuse and addiction.  The evaluator will also be discerning the level of minimization the client appears to be presenting.  Clinically, this is called Positive Impression Management.  Usually, the client is trying to present a better impression than the reality of the drug use, and the evaluator must be able to evaluate the level of positive impression.

Second, the evaluator will compile the data into a written report.  The report will contain the severity of the problem, general clinical criteria to support the evaluation, discussion on Positive Impression Management, and completed by a summary and recommendations for the client.

Third, the evaluator will go over the evaluation with the client, discuss the recommendations, and send the final written evaluation to the appropriate parties involved, such as the client's attorney in the case of a DUI evaluation.

Substance Abuse Evaluations are a very effective form of intervening on a substance abuser.  It can be an excellent service for the court, providing professional recommendations.  It is a good service for employees and family members, because they will have a clear idea of what is the level of disorder in the client.  Like any evaluation, the ultimate effectiveness will be based on the client following through on the recommendations, and the support network holding them accountable to complete the recommendations.

 

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About the Author

Dean Sunseri is a Licensed Professional Counselor or therapist experienced in General Mental Health Counseling, Marriage Counseling, Substance Abuse Counseling, Christian Counseling, Family Counseling and Sports Performance Psychology in Baton Rouge, LA.  His web site is http://www.ihaveavoice.com .

 

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Dui Evaluations

Posted in dui by admin on July 31, 2009 No Comments yet

Dui Evaluations

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The Role of Your Attorney in Your DUI Case

 

While hiring an attorney is expensive these days, defending yourself in a DUI case is almost certainly a recipe for disaster. According to Jeff Haynes, a DUI attorney in Sarasota, Florida, the right attorney can make all the difference in your DUI case. And the sooner you get your attorney involved, the better. Here, Haynes talks about what role an attorney will play in your DUI case.

 

Determining if Your Case Is Defendable

First and foremost, your attorney's role is to evaluate the evidence in your case to determine whether or not your case is defendable. Did the police officer have a valid reason to pull you over? Have you taken a breathalyzer or field sobriety tests? Were you involved in an accident in which someone else was hurt or killed? Were there any witnesses? All of these factors are important in determining whether or not you should plead guilty to a DUI charge. In order to decide which motions are in your best interest to file, your lawyer needs to evaluate all the facts in your case.

 

Negotiating a Plea Bargain

A plea bargain is a deal offered by the prosecutor in exchange for a guilty plea. If you've already been charged and your attorney believes that the evidence against you is strong, then your attorney can work with the prosecuting attorney to negotiate a plea bargain. As part of a plea bargain, your attorney may be able to get the charges against you reduced or get you a reduced sentence. He may even be able to save your driver's license.

 

Defending Your Case in Court

Your attorney's another role is to defend your case in court if your case goes to trial. A common misconception is that there's very little chance of winning a DUI case. But in fact, there are a number of situations that could make your case difficult for a prosecutor to prove. For example, were you stopped for a legal reason? Regardless of whether or not you were drinking and driving, you cannot be stopped unless a police officer has probable cause (a reason to suspect that your ability to drive is impaired). While observably poor driving is certainly probable cause, a police "hunch" is not. If you were stopped without adequate evidence that you were intoxicated, then your case may be very winnable, according to my experience.

 

In addition, witness problems are also common in DUI cases. Because getting a case into court takes time, sometimes, police officers retire or witnesses move out of the area. Without the proper witnesses, it may be extremely difficult for the prosecutor to prove your guilt. Therefore, unless the prosecutor has a rock solid case against you, it isn't in your best interest to plead guilty.

 

Safeguarding Your Legal Rights

In my opinion, the attorney's most important role is to ensure that your rights are protected as your case progresses through the legal system. A DUI arrest can be a very frightening experience. With so much on the line, it's incredibly important to have someone by your side, walking you through each step in the process and doing everything possible to ensure the best possible outcome.

 

In order to find the right DUI attorney, I recommend looking for someone who is not only experienced in DUI cases, but also familiar with the judge and the prosecutor who'll be handling your case. For example, as a former prosecutor, I believe I'm uniquely qualified to handle DUI cases in Florida. Finding someone with that kind of insight into the system could mean the difference between a harsh, life-changing sentence and putting your DUI charges behind you once and for all.

 

On the other hand, it is expensive to hire a good attorney. Good attorneys are not free, but an attorney with extensive DUI experience can get a better result. If you can afford to hire your own attorney, you certainly won't be sorry you did. However, if you can't afford it, you should absolutely exercise your right to free counsel.

 

This article is for informational purposes only.  You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel.  Publication of this article and your receipt of this article does not create an attorney-client relationship.

 

 

About the Author

Jeffrey Haynes is a writer for http://www.yodlelawmarketing.com">Yodle Law Marketing, a business directory and online advertising company. Find ahttp://local.yodle.com/articles">lawyer or more lawyers articles at Yodle Consumer Guide.

Dui Sentence

Posted in Uncategorized by admin on May 14, 2009 No Comments yet

Dui Sentence

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Dui Sentence
How in the world does Nicole Richie get a four-day sentence for DUI? The rest of us would get six-months plus

http://omg.yahoo.com/nicole-richie-in-court-on-dui-case/news/1269

This is a 2nd offense for her too. What if drunk drivers started using her case as defense for too aggressive a sentence? Would that start increasing drunk driving? I think so.

On top of that, she was driving on the wrong side of the freeway! I can see someone getting pulled over after 1 beer, and being .01 over the legal limit or something, and getting a lenient sentence for a first offense... but you have to be pretty messed up to be driving on the wrong side of the freeway.

Dui Evaluation Questions

Posted in dui by admin on June 4, 2008 No Comments yet

Dui Evaluation Questions

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How to Find Lynnwood DUI Lawyers

Drunk driving is a serious offence with potentially dangerous outcomes.  The law is designed to protect you and others on the road.  Operating a vehicle is a responsibility and one that should be taken seriously. 

However, sometimes things happen.  And did you know that not all DUI charges are accurate.  There are times when someone is charged with a DUI and they weren't actually over the legal limit. 

The reason for this? There are errors in breathalyzer tests and even errors in judgment on the part of the arresting officer. 

Speaking with an experienced lawyer shortly after your arrest will allow you to best remember the details and help your attorney identify an issue with the arrest and following procedures.  This information could be vital in helping fight your case. 

You attorney will know what questions to ask and what details are important.  They will check on the certification and maintenance of the breathalyzer used by the arresting officer.  A technicality like inaccurate or incomplete maintenance and certification records could render the BAC reading inaccurate. 

So you understand that you need a good Lynnwood WA DUI attorney (assuming your arrest took place in Lynnwood Washington).  So how do you go about finding one? 

Finding a Lynnwood WA DUI attorney doesn't have to be difficult.  You can look online, search social media sites (Facebook, LinkedIn and Twitter), ask friends or colleagues for referrals (although people often don't want family, friends or colleagues to know of their arrest).  You can look for an attorney with a high AVVO rating. 

You can also search online via Google or some other engine.  Search for things like "Lynnwood WA DUI attorney" or "Lynnwood DUI lawyer" Look for lawyers that come up organically (not the paid ads). 

In your search for a lawyer, make sure that he or she has several years of experience in defending people that have been charged with a DUI.. It is very important that the lawyer has previous successful cases. Although cost is an issue, it should not limit you in any way from hiring a Lynnwood DUI attorney with a satisfactory track record, someone who can surely get results, and someone whom you are comfortable with.

Finding someone that care enough to get your case and evaluate the facts is important.  Rather than taking every case that passes through the door, an experienced attorney will want to evaluate your situation to determine if you have a case.

About the Author

DUI Defense Attorney, Mark W. Garka is a sustaining member of NACDL. He has served as a law clerk in the Snohomish County Superior Court, and was a Deputy Prosecuting Attorney.  He limits his practice to DUI Defense exclusively.

Law Office of Mark W. Garka, PLLC, 425-422-5818, www.washington-dui.com

Dui Evaluation

Posted in dui by admin on January 26, 2008 No Comments yet

Dui Evaluation

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Can I get a commercial helicopter license with a dui still in court?

I have a DUI on my record from 2001. I also just got a dui in dec. of 2008, but its still going through court. I was planning on going to a commercial helicopter training school in Salt Lake City, but I don't know if the FAA will even give me an ok to get a license. The school said I would probably have to wait a year after I get convivted for the most recent DUI. But the FAA told me it didn't matter, and that I would just have to go through more steps as far as an evaluation with a therapist and all that jazz. What is true and what isn't. Should I wait till my DUI goes through court then get a medical exam, or should I just apply and have my medical exam done and go from there and just be honest with them even though I havn't been convicted of the dui yet. Also will I even be able to get hired as a commerical helicopter pilot with 2 dui's on my record? I have been told I will, and I won't. I just don't know. please help

The above are quite accurate. Having 1 DUI is not a career ender... usually you can get away with saying you were young and stupid. Having 2 is a huge red flag to the FAA, any company, and quite honestly most pilots. It's difficult to say that this was just a stupid mistake-- anybody will counter "didn't you learn from the first one?" What makes a good pilot is not stick and rudder hand flying skills (althouh you do need to have a certain amount)... a good pilot is good at making decisions. Obviously your decision making skills are questionable at best- think about that before you do any flying.

The only thing I can recommend for your DUI problem (although I don't recommend you pursue this career) would be to get a good lawyer and hopefully get it knocked down to a reckless. That'll take a darn good lawyer though-- you have a history of drunk driving.

My recommendation: I wouldn't spend a dime on flight training if I were you. There are way too many pilots out there without DUI's looking for those same jobs. Very few companies will take the gamble on you- and the ones that do are probably marginal companies at best. Also, get some help. Join AA. Do something. There really isn't an excuse for this.

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