Archive for May, 2010

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6 Sure Signs to win your DWI Case

Posted on May 17, 2010

Just because you have been charged with a DWI, it means that you are condemned to losing your DWI case. DWI lawyers are trained in the application of DWI laws and are always on the hunt to find cracks in the armor of the prosecutor’s case. This may result in you paying a minimal fee or have the case brought against dropped completely.

Many factor play a role in you winning your DWI case. These range from mistakes made by the arresting officer to the tactic employed by the prosecutor. While s good DWI lawyer will be able to easily identify the signs of the case falling apart, it is also important for you the client to be able to identify these signs also. This will let you know if your attorney is really trying to help you. Some of the tell tail signs that you are winning your DWI case include:

1. Lack of probable cause:

If your arresting officer is unable to produce evidence as to why you were pulled over in the first place, your attorney can apply to move a motion for the case to be thrown out on the basis of lack of probable cause. It is responsibility of the officer to produce this evidence, as the burden of proof is not on your shoulders.

2. Police officer failed to read you your rights:

By law, the arresting office must read your rights when making an arrest. If you can prove that this was not done, then the prosecution will be backed into a corner as one of your fundamental rights has been violated. An experienced DWI lawyer will then exploit this fact and have the entire case thrown out.

3. False reading from breath alcohol test:

A false reading on a breathalyzer machine is a dagger to the heart of any DWI case. If you are sure you had not been drinking, but you still blew a 0.8, then resort to a blood test to prove your innocence. Once the blood test does not correspond with the breathalyzer reading, the case is dead and you are on your way to win your DWI case.

4. Arresting officer refuse to appear in court:

The failure of your arresting officer to attend court sessions may help you in winning your DWI case. Judges are very annoyed at cops who play this game and at some point in time, the judge’s patience will be exceeded. When this time comes, your case will be thrown out.

5. Arresting cop keeps telling you to “blow hard”:

When doing a breathalyzer test, only normal breaths are required. It is a known fact that if successive heavy breaths are made with a breathalyzer machine, it will indicate a higher blood content level than the true value. Therefore, if this occurred during your field sobriety test, it can be a good sign of your ability to win your DWI case.

6. Arrest racial related:

Many individuals are profiled and arrested based on their ethnicity. If the arresting officer has a record of racial discrimination and this can be proven in court, a good DWI will be able to use this to win your DWI case.

DWI Laws, DWI cases1 Comment »DWI Case DWI Lawyer

5 Sure Signs of losing your DWI Case

Posted on May 13, 2010

DWI cases put a tremendous burden on the legal system. This compounded by the fact that many of these cases could have been prevented if drivers only showed a little more responsibility. Every year, millions of drivers come before the court on DUI charges. As a mean of deterrence, judges have become less tolerant in their judgment. This has left many drivers fretting and always seeking to find out how to identify when they are losing their DWI case.

Sure Signs of losing your DWI Case

Some of the signs that you are losing your DWI case depend on the personalities of those present within the courtroom. After the second trial, you should be able to detect these signals from the prosecutor and the judge. Some of these tell-tail signs include:

• 1. The attorney is pushing for a plea bargain: It is well known within legal circles that the one who first offers a plea bargain is always the one with the weakest case. So if the lawyer identifies that your case of defense due to the severity of your charges, he or she will opt for plea-bargain to reduce the charges that will be laid against you.
• 2. The arresting officer is always in court: Going to court is the last wish for any police officer. Many hope that after they have charged you with a DUI, you will just accept it and pay the requisite fees or just plead guilty. Therefore, if your arresting officer is always present, they are very confident of winning their case. His presence will enable the prosecutor to get information directly from the horse’s mouth and thus solidifying their case.

• 3. The attorney keeps checking the law books: Not all attorneys specialize in DWI cases. As a result, they may not have the level of experience required to win your DWI case. Hence, before they ask any question, they must check their books to see that the question is within context. This will significantly remove any confidence the judge had in your case as the lawyers effort has much more to be desired. Due to their lack of confidence, you will certainly lose your DWI case.
• 4. The judge seems unimpressed: If you keep watching the reaction of the judge every time a new piece of evidence is entered into the hearing, you will be able to tell if the judge is impressed or not. If the judge looks at you constantly with seriousness, start shaking in your boots, as your case may be going sour.
• 5. Your statements lack credibility: If the prosecutor is able to drill holes into your statements and even back them up with proof of inconsistencies, be sure that you will not be able to win your DWI case. It is the duty of the persecutor to find holes in your case and they will exploit these weaknesses straight through the proceedings. It is even worse if your defense attorney is unable to counter the prosecutor’s claims.

DWI Defense, DWI cases3 Comments »DWI cases DWI Defense

DWI Crashes and Celebrities – Image maker or breaker?

Posted on May 10, 2010

The life of a celebrity is all about the image. Celebrities go through a lot of strain to ensure that their name and face remains in the minds of promoters and fans. Some resort to unconventional publicity while some are always there due to their life styles.

Most DWI offenders will be negatively impacted by the charge, let alone celebrities who are obligated to their fans to keep a squeaky-clean image. Most fans become let down by this type of behavior and are becoming frustrated with the behavior of celebrities who should know better.

Celebrities lose TV Contracts because of DWI

Just like in the case of Tiger Woods and Michael Phelps, no sponsor wants to be associated with any celebrity who has been associated with anything negative or has a bad image. We have seen this pattern also emerging in the movie industry where as soon as an actor runs afoul of the law especially DWIs, some way is found to remove them from the set. Examples of this trend exist in TV hit sitcoms such as LOST where actor Daniel Dae Kim who plays a Korean officer will soon be killed, thus removing him from the show as a result of him being pulled over on suspicion of drinking and driving.

Another TV hit that followed the same trend was Hawaii 5-0. Anna Lucia, Adinnuoye Agbaje and Libby were all removed from the set due to DWI arrest in 2005. Although various reasons were given before they were shot and killed in a hit and run TV accident respectively, insiders will tell you that their demise was due to the bad publicity they had brought to the show.

DWIs bring many Sports Stars to their Knees

Many sports enthusiast would have been aware of the exploits of football star Paul Gascoigne with alcohol consumption. Gazza, as he is affectionately known by his fans, was one of England’s most talented footballers, feared by most goalkeepers and played a vital role in England reaching the world cup semifinals in 1990. However, he was unable to control his drinking habits. Constantly being pulled over by police on the suspicion of DWI, he started to miss training due to either being too drunk or being locked up for driving while drunk. All this continued until his club managers became frustrated and released him out of his contract. This lead to a complete downhill slide that resulted Gazza admitted into rehab.

DWI the Image Breaker

While a few celebrities such as Paris Hilton, Mel Gibson or Shia Lebeouf may have somehow found a way to be not affected seriously in the public’s eye and may seem to get away get away with DWI, most are not afforded that luxury. Many fall from grace just a s fast as they went up and drives home the point that celebrity DWI is more of an image breaker than an than an image maker.

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