Posts Tagged ‘DWI cases’

I am at Fault; Can a Utah DWI Attorney Help Me?

Posted on May 25, 2010

When arrested for DWI in Utah, you face serious consequences like jail time, suspension of your driving privilege as well as heavy monetary fines. Apart from this, you will also face court time, fees and other penalties. Under such circumstances, it would be a good idea to seek the assistance of legal advice of a capable and experienced DWI attorney who can help you in understanding all your rights and options.

Per the Utah law, when you are involved in a DWI, the state will initiate two types of legal actions against you simultaneously: the criminal action and the administrative action. While the criminal action is in response to the ticket that was issued to you, the administrative action will be against your driver license by the Utah Driver License Division. When you are involved in a DWI, the enforcement officer will retain your license immediately and issue a temporary license which will enable you to drive for 30 days from the date issued. You have only 10 days to request an Administrative Hearing from the Driver License Division. If you fail to request a hearing within 10 days, you will lose your right to the hearing and your license is automatically suspended for the applicable statutory time frame.

Defending a DWI case in Utah

When arrested, you will have to undergo Field Sobriety Tests and then take a breath test. If your BAC is over 0.08% you will be accused of DWI. In order to defend a DWI case, you need to follow these steps:

Be aware that you are not entitled to a jury trial. This trial can be held only in front of a judge and this needs to be handled with care.
Provide all the details during the trial as there will no jury. The judge will be able to make a decision faster and make the prosecution work. With the help of your attorney, you should be able to challenge all the issues.
Your attorney should be able to challenge the tests conducted by the law enforcement officers in the form of breath tests or any other forms of tests and put forth to the judge. The argument and briefing is done prior to the hearing and the evidence.
Appeal for a hearing and request evidentiary hearings. These hearings can be used for your trial. Your judge will attend the hearing as well as the trial. If the judge is convinced of your argument prior to trial, you need not go in for the trial.
Provide all necessary documentation and do it lawfully to get out of the prosecution.

It is quite difficult to defend against a Utah DWI and requires a certain set of skills which need to be used effectively by your DWI attorney. Your attorney will understand the DWI court system and Utah DWI laws well. He will be able to take your case to trial and get a better result in court than the pitiful plea agreement you will be initially offered. His objective is not just reducing the charges, but to get you the best possible outcome.

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.

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DWI Attorneys in Kentucky

Posted on Mar 19, 2010

A DWI in Kentucky can have serious consequences like jail time, loss of driving license and monetary fines. If you are involved in such a situation, it can affect your present and future. These problems can be avoided by hiring a qualified and experienced DWI attorney in Kentucky.

When arrested for suspected DWI, the law enforcement officers will check your BAC and if your BAC is 0.08% or more, you can be charged for a DWI in Kentucky. When arrested for DWI in Kentucky, you will be charged with two different ways either violating the law prohibiting DWI which is due to loss of your mental or physical faculties or by violating per se law which is due to driving with high BAC level of 0.08% or more.

How a Kentucky DWI lawyer can help in a DWI case?

If you are arrested for DWI in Kentucky, your license will be confiscated and you might lose the privilege of driving your vehicle for as many as four months. Many law firms specializing in DWI cases are involved in offering their services in defending DWI related issues. Kentucky DWI law is unique in that if you are arrested for DWI, you have the right to contact a lawyer. This can be done within 15 minutes of being arrested and during the time you are under the observation prior to a breath test or at the hospital prior to blood or urine testing.

You can reduce the penalties if you fight it out in the court and you can seek help from a capable and experienced DWI attorney in Kentucky. The extent of the punishment usually depends on the seriousness of the charge, the damage it has caused to the people and if you have had any prior offenses. It is also dependent on the effectiveness of the defense developed by your attorney.

The most important thing when you hire an experienced defense attorney who has handled similar cases in Kentucky is that you put forth all the facts to them. He will review the police report and other related evidence in your case and help in defending your case successfully in the court. Thus, it is advisable to get a criminal DWI case evaluation at the earliest. Your attorney needs to assess the various options available to you specifically in your case.

Established DWI Attorneys and Law Firms in Kentucky

Denise Brown, Legal Direction, Louisville, Kentucky – offers a full service legal practice with focus on DWI
Blau & Kriege, PLLC, Cold Spring, Kentucky
Whaley, Mory & McDonner, Louisville, Kentucky
Schuler Law Office, Louisville, Kentucky

Featured Firm for handling DWI Cases

Suhre & Associates, LLC has widespread courtroom and trial experience. They have legal skills and in-depth technical understanding of breath test equipment and field sobriety tests and knowledge of Kentucky DWI laws which can make a difference in the outcome of your case. They have been successful in defending DWI cases as they do extensive preparation and thorough investigation. They also use technology to handle the case effectively. Joseph B. Suhre IV, principal of Suhre & Associates, has been named Leading Lawyer in the field of DWI for 2006, 2007, 2008 and 2009 by Cincy Business Magazine. He is also a member of the National Association of Criminal Defense Lawyers and the Greater Cincinnati Criminal Defense Lawyers Association. He is licensed to practice law in all Ohio courts, including the Federal Court for the Southern District of Ohio.

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