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Posts Tagged ‘DWI Case’« Older Entries6 Sure Signs to win your DWI CasePosted 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 casesNo Comments »DWI Case DWI LawyerMy West Virginia DWI Attorney Got My Charges Dropped!Posted on Mar 31, 2010The DWI laws of West Virginia are similar other states and when arrested for suspected DWI you will be charged with two separate cases. These cases are criminal court case where you will face penalties like jail, fines, educational programs, an ignition interlock fixed to your vehicle if needed and suspension of your driving license and a Division of Motor Vehicles case where you will lose your driving privilege. If you want to save your license after an arrest for West Virginia DWI, you need to contact a qualified West Virginia DWI defense attorney. When arrested for DWI in West Virginia, according to the implied consent law, you will have to submit to blood or breathalyzer test for alcohol content. If you refuse to take the test after an arrest, the DMV administrative action will ensure that your driving privilege will be suspended for one year to life. West Virginia does not criminalize the refusal to test following a West Virginia DWI arrest but there is no work permit available following a DMV action in West Virginia. According to West Virginia drinking and driving law, there is a look-back period of 10 years which indicates that if you have a DWI conviction more than 10 years before the current case, the current DWI will be prosecuted and considered as a first offense. If there is a DWI conviction within 10 years of the current case, it will be prosecuted as a second-offense DWI, leading to much more punishment for conviction of a DWI than the first offense. It does not matter if it was 9 years and 364 days, the second offense will still stick. A West Virginia DWI Attorney can really help youIn a case of DWI, a good DWI Defense Attorney can make all the difference in the result of your case. You need to ensure that you have hired a capable DWI lawyer by checking their credentials. They should be specialized in solving DWI cases and you can find out their details by interviewing them. Most offer a free initial consultation before you decide to hire them. If you have been involved in a prior DWI conviction in West Virginia, the extent of penalties will be even more than the first time. You should be extra cautious when trying to navigate the courts or speak to a prosecutor without the advice of an experienced attorney. DWI laws are quite complicated and involve many codes and statutes. It is advisable to hire a skilled DWI attorney who can help you get out of the mess with a lesser or no penalty. A good West Virginia DWI Attorney will help you in the following areas:
DWI Charges in California – Penalties and PunishmentsPosted on Feb 12, 2010
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