DWI For the Non- Criminal Specialist. What to Tell Your Friends at Happy Hour About DWI s

Size: px
Start display at page:

Download "DWI For the Non- Criminal Specialist. What to Tell Your Friends at Happy Hour About DWI s"

Transcription

1 DWI For the Non- Criminal Specialist What to Tell Your Friends at Happy Hour About DWI s by Deandra Grant, Attorney at Law November 2012

2 Hire a PRO.. NOT A Dump Truck! 2

3 Slide courtesy of Pennsylvania DUI attorney Justin McShane 3

4 3 Kinds of DWI Lawyers Dump Trucks Take your case and dump you at the courthouse with a plea of GUILTY. Dabblers Know just enough to really screw things up but not enough to be effective. Pros - Dedicated to mastering the law and science of DWI defense. 4

5 First Things First Driver s License Issue DWI Case 5

6 ALR Hearing If you refuse to take a breath or blood test, your driver s license can be suspended for 180 days. If you take a breath or blood test and score.08 or higher, your driver s license can be suspended for 90 days. You MUST request a hearing on your license within 15 days of your arrest or it s waived. 6

7 The Crime of DWI Not having the normal use of your mental faculties due to the introduction of X. Not having the normal use of your physical faculties due to the introduction of X. Having an alcohol concentration of.08 or higher. X = alcohol, a drug, a dangerous drug or a controlled substance 7

8 Alcohol 8

9 Alcohol Kinetics Slide courtesy of Dr. Fran Gengo, Pharm.D, FCP, Buffalo, NY 9

10 Dewey, Cheatum & Howe 10

11 Case Study q Three lawyers meet for dinner. Each weighs 160 lbs. q Mr. Dewey has not eaten all day and is obese. q Mr. Cheatum had a light lunch and works out regularly. q Mr. Howe is having his 2 nd dinner and he works out with Mr. Cheatum. q Each has 2 drinks before dinner (7-7:30 pm) and a glass of wine with dinner (8:30 pm). q Do they need a designated driver at 10 pm? Courtesy of Dr. Fran Gengo, Pharm.D, FCP, Buffalo, NY 11

12 Slide courtesy of Dr. Fran Gengo, Pharm.D, FCP, Buffalo, NY 12

13 Field Sobriety Tests Developed by the National Highway Traffic and Safety Admin. (NHTSA) Used by police agencies nationwide Claim a high accuracy rate 13

14 3 Test Battery Horizontal Gaze Nystagmus (HGN) Walk & Turn One Leg Stand 14

15 The Untold Story FALSE POSITIVE RATE! Rate of test subjects that failed the test but had an alcohol concentration BELOW the legal limit according to the NHTSA research studies: HGN as high as 77% Walk & Turn as high as 70% One Leg Stand as high as 40% 15

16 To Blow or Not to Blow That is the Question.

17 Breath Testing Theory Developed as a way to calculate the amount of alcohol in a person s blood by measuring the alcohol in their breath. 17

18 Henry s Law 18

19 Intoxilyzer 5000EN 19

20 Breath Testing Advantages Quick Non-Intrusive Inexpensive 20

21 Breath Testing Disadvantages It is a screening test that is not specific for ethanol. It has a high potential for error. If you refuse or blow over a 0.08, you may face a drivers license suspension. 21

22 22

23 Potential Error q Inherent margin of error +/ q Mouth alcohol may combine with the breath alcohol to inflate the result q Stomach alcohol vapors (GERD) may combine with the breath alcohol to inflate the result q It assumes a breath temp of 34 degrees result is 6% inflated for every 1 degree above 34 q Radio frequency interference (RFI) 23

24 q It assumes a 2100:1 blood/breath partition ratio partition ratios can range from 900:1 4100:1 Example: 0.10 BrAC at 2100:1 900:1 = (0.10/2100) x 900 = :1 = (0.10/2100) x 3500 = 0.19 q It may falsely read interferents and report them as ethanol o Occupational exposure to chemicals o Everyday exposure to chemicals o Tyndall effect from airbag deployment 24

25 Blood 25

26 Blood: How They Get It Blood drawn by consent Blood drawn because of an evidentiary search warrant Blood drawn by law Blood drawn in a hospital for medical purposes 26

27 Forced Blood Draws 27

28 Keeping the Blood Out Challenge the legality of the stop Challenge the search warrant Challenge the location where the blood was drawn (non-sanitary place) Challenge the person who drew the blood (not a qualified person ) Challenge the test result itself 28

29 How Can a Blood Test Be Wrong? q Blood tube could be contaminated before use q Fermentation can be caused by contamination or improper storage (ie. heat) q Immunoassay testing is prone to false positives q Contamination could occur in the lab q Sample could be mixed up during preparation or in the GC autosampler 29

30 Gas Chromatography: Forensic Lab 30

31 31

32 Immunoassay Testing: Hospital SPIN Serum Whole Blood Blood cells 32

33 Whole Blood vs Serum Blood containing alcohol Whole Blood Lower alcohol level Serum Higher alcohol level 33

34 Getting to the Real BAC.10 serum blood test result.10 / 1.16 = / 1.18 = / 1.20 = / 1.25 =

35 DWI and Drugs q Prescription medications, either alone or mixed with alcohol, are a growing problem. q The most notorious is Ambien, which can cause amnesia when mixed with alcohol. q Xanax is another prescribed drug that is commonly involved in DWI cases. q Date rape drugs slipped into drinks in bars are also a potential DWI issue. A DWI lawyer must understand drug impairment and half-life in order to properly represent individuals charged with a DWI based on drug use. 35

36 Retrograde Extrapolation Gotta get back in time 36

37 What Was the BAC at the Time of Driving? BAC could have been higher, lower or the same as the test result at the time of driving. Slide courtesy of Dr. Fran Gengo, Pharm.D, FCP, Buffalo, NY 37

38 Cocktail Party Wisdom q If you are stopped and investigated for DWI, there is a HIGH probability that you will be arrested because the officer s standard of proof is PROBABLY. q If the officer thinks you failed the HGN test, you are going to jail no matter how you do on the other 2 tests. q The less information you give them, the better. Cooperation will not get you out of it. However, acting like an ass will ensure your arrest and will not be helpful at trial. q You are being recorded. Keep that in mind. Everything you say and do will be used against you as a sign of intoxication. 38

39 q You are not legally required to perform Simon-says sobriety exercises or take a breath test. The best response to a request by an officer to perform SFST s is to say that you will do whatever you are legally required to do (which is nothing). q Taking or not taking a breath test will not get you released. No matter what breath result is obtained, the State can and often does go forward with prosecution under the alternative theories of impairment. In other words, you can blow under a.08 and still be prosecuted for DWI. q Do not fight the police if they obtain a blood search warrant and force a blood test. They will hurt you. Seriously. 39

40 q DWI is not a traffic ticket. A conviction can have major consequences. Do not hire your buddy s probate attorney, your uncle the insurance defense litigator or anyone else who does not have a clue what they are doing. You might as well go to court with a potted plant for a lawyer. q Just because a police officer who has never met you thinks you are intoxicated does not mean you are. q Just because a piece of paper says that your breath or blood alcohol concentration was.08 or higher does not mean it really was. 40

41 Avoiding Dump Trucks and Dabblers q What percentage of trials they win tells you nothing. The real question is, what percentage of their DWI cases go to trial or go away? q Has the attorney ever spoken at a DWI seminar or written anything related to DWI law or science? You know who speaks at our seminars? Winners. q What percentage of their cases are DWI s? q Have they completed a NHTSA course on administering the Standardized Field Sobriety Tests? q Have they completed any coursework on breath or blood testing? q Have they completed any coursework on drug impairment and half-life? q You get what you pay for. 41

42 Oh, Canada With a DWI conviction you may not legally enter Canada for 10 years (unless you get a waiver). 42

43 800 E. Campbell, Ste. 110 Richardson, TX (972) Office Deandra M. Grant AV-Rated attorney Deandra Grant is a national speaker on DWI law and science and is the co-author of The Texas DWI Manual. She is also the author of the popular Texas DWI Gal blog and the founder of the Texas DWI Defenders list serve. Deandra has completed the standardized field sobriety testing certification course, the SFST instructor course, a drug recognition course, and is one of the few attorneys to pass the forensic sobriety assessment certification exam. She has completed coursework in DWI forensic blood testing and the operation and scientific theory of the Intoxilyzer In 2011 she received a certificate in forensic gas chromatography from the American Chemical Society. She is a TCDLA Board Member (DWI Committee Chair ) and has served on the board of the Dallas Criminal Defense Lawyers Association since She is also a member of the American Chemical Society and the American Academy of Forensic Sciences. D Magazine named Deandra one of the Best Women Lawyers in Dallas in 2010 and Best Lawyers in Dallas in She was also named a Super Lawyer in 2011 and

DWI Defense 101. By Deandra Grant Oct 24, 2013

DWI Defense 101. By Deandra Grant Oct 24, 2013 DWI Defense 101 By Deandra Grant Oct 24, 2013 DWI Responsible Social Drinking The Crime of DWI Not having the normal use of your mental facul9es due to the introduc9on of X. Not having the normal use

More information

Building the Ultimate DUI Trial Notebook

Building the Ultimate DUI Trial Notebook California Public Defenders Association DUI Academy Monterey, California June 2012 Building the Ultimate DUI Trial Notebook By Deandra Grant Assume every case is going to trial. Knowledge Can Take You

More information

What should I do if the police ask me to take Field Sobriety Tests?

What should I do if the police ask me to take Field Sobriety Tests? DWI A DWI is not like a traffic ticket. It is a much more serious offense that carries a penalty of up to 180 days in jail and up to a $2,000 fine for a first offense. Repeat DWI offenders increase their

More information

Manchester, New Hampshire

Manchester, New Hampshire DRUG EVALUATION AND CLASSIFICATION (DRE) & BREATH ALCOHOL TESTING TRAINING FOR LEGAL PROFESSIONALS Manchester, New Hampshire November 13 th 14 th, 2015 HILTON GARDEN INN MANCHESTER DOWNTOWN HOTEL ADDRESS:

More information

CURRICULUM VITAE (updated 3/11/13)

CURRICULUM VITAE (updated 3/11/13) CURRICULUM VITAE (updated 3/11/13) NAME: PROFESSION: ADDRESS: Deandra M. Grant DWI Trial Attorney, 1994-present DWI Forensic Consultant, 2010-present Vice President, International Legal & Forensic Science

More information

HOSPITAL BAC : Anatomy of a Case

HOSPITAL BAC : Anatomy of a Case HOSPITAL BAC : Anatomy of a Case DCDLA Meeting June 2012 By Deandra Grant 800 E. Campbell, Ste. 110 Richardson, TX 75081 (972) 943-8500 www.texasdwisite.com www.texasdwigal.blogspot.com TexasDWIGal@gmail.com

More information

VOIR DIRE 2/11/2015 STATE OF TEXAS VS JANE DOE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER

VOIR DIRE 2/11/2015 STATE OF TEXAS VS JANE DOE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER STATE OF TEXAS VS JANE DOE VOIR DIRE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER 3. DESELECTION (TO MAKE THE JURY = SIT THERE & BE QUIET) 4. SOME QUESTIONS

More information

DUI STOP WHAT TO EXPECT

DUI STOP WHAT TO EXPECT A TENNESSEE DUI STOP WHAT TO EXPECT By Knowing What to Expect If You are Ever Stopped on Suspicion of Driving Under the Influence in Tennessee You May Appear Calmer and More in Charge, thereby Decreasing

More information

CURRICULUM VITAE (updated 4/7/14)

CURRICULUM VITAE (updated 4/7/14) CURRICULUM VITAE (updated 4/7/14) NAME: PROFESSION: ADDRESS: Deandra M. Grant Founder & CEO, Law Office of Deandra M. Grant P.C., 1994-present President, International Legal & Forensic Science Services,

More information

Pennsylvania DUI Handbook

Pennsylvania DUI Handbook Pennsylvania DUI Handbook Published by: The Martin Law Firm, P.C. The Martin Law Firm, P.C. 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215.646.3980 www.jbmartinlaw.com Although DUI drunk driving

More information

OWI/DUI CLIENT QUESTIONNAIRE

OWI/DUI CLIENT QUESTIONNAIRE OWI/DUI CLIENT QUESTIONNAIRE Today s Date: PERSONAL INFORMATION Home Phone: Cell Phone: Work Phone: E-mail address: May we contact you at work? May we contact you by e-mail? Preferred contact method: DOB:

More information

The A-B-C s (without singing) of DUI offenses

The A-B-C s (without singing) of DUI offenses The A-B-C s (without singing) of DUI offenses Attorneys Jackson J. Lofgren & Paul H. Myerchin Traffic Safety Partner Summit, April 7, 2015 Ramkota Hotel, Bismarck, ND What is a DUI? DUI driving under the

More information

The Basics of Missouri DWI Law. DWI Criminal Statute. Prior Offenses & Penalties 10/22/2015. Presenter: Jason Korner 577.010. Misdemeanor DWI Offenses

The Basics of Missouri DWI Law. DWI Criminal Statute. Prior Offenses & Penalties 10/22/2015. Presenter: Jason Korner 577.010. Misdemeanor DWI Offenses The Basics of Missouri DWI Law Presenter: Jason Korner DWI Criminal Statute 577.010 A person commits the crime of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugg

More information

How to Protect Your Rights After a DWI Arrest in Fairfax County

How to Protect Your Rights After a DWI Arrest in Fairfax County How to Protect Your Rights After a DWI Arrest in Fairfax County Copyright 2014 by Faraji Rosenthall Law Office of Faraji A. Rosenthall All Rights Reserved. No part of this special report may be reproduced

More information

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process DUI FAQ Guide FAQs to Help Guide You Through The Florida DUI Process Randy Berman, Esq. Law Offices of Randy Berman (561) 537-3877 RandyBermanLaw.com A Simple guide for someone recently arrested for a

More information

VIRGINIA DUI FACTSHEET

VIRGINIA DUI FACTSHEET VIRGINIA DUI FACTSHEET BOSE LAW FIRM, PLLC Former Police & Investigators Springfield Offices: 6354 Rolling Mill Place, Suite 102 Springfield, Virginia 22152 Telephone: 703.926.3900 Facsimile: 800.927.6038

More information

THE OGATA MEDICAL MARIJUANA USER S GUIDE FOR DRIVERS

THE OGATA MEDICAL MARIJUANA USER S GUIDE FOR DRIVERS THE OGATA MEDICAL MARIJUANA USER S GUIDE FOR DRIVERS IF YOU DRIVE AND HAVE A MEDICAL MARIJUANA CARD, YOU MAY BE AT RISK. KNOW YOUR RIGHTS AND HOW NEVADA S DUI LAW TARGETS MARIJUANA. FIRST EDITION - 2013

More information

Please Step Out of The Car

Please Step Out of The Car Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com

More information

DUI Enforcement. Timothy J. Dorn, Chief of Police. Effective: 12-21-98 Approved By: Supersedes: 904, Rev. 02-13

DUI Enforcement. Timothy J. Dorn, Chief of Police. Effective: 12-21-98 Approved By: Supersedes: 904, Rev. 02-13 -- DUI Enforcement Effective: 12-21-98 Approved By: Supersedes: 904, Rev. 02-13 Timothy J. Dorn, Chief of Police A. Initial Investigation 1. Officers will use the field sobriety test (FST) work sheet on

More information

UNDER WHAT CIRCUMSTANCES CAN I BE CONVICTED OF A DUI IN WYOMING?

UNDER WHAT CIRCUMSTANCES CAN I BE CONVICTED OF A DUI IN WYOMING? FREQUENTLY ASKED QUESTONS (FAQ) ABOUT DUI CASES IN WYOMING By Eric F. Phillips, Attorney at Law 307-382-0975 or email eric@rockspringsattorney.com Nothing in this site is legal advice and nothing can replace

More information

I just got arrested for a State of South Carolina DUI charge. What happens now?

I just got arrested for a State of South Carolina DUI charge. What happens now? I just got arrested for a State of South Carolina DUI charge. What happens now? ISSUE ONE: The South Carolina Implied Consent Proceeding: Under South Carolina's implied consent law, a person who drives

More information

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360 CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY

More information

Dui Questions And Answers California Dmv Permit Test

Dui Questions And Answers California Dmv Permit Test Dui Questions And Answers California Dmv Permit Test Georgia DDS test questions for Permit Practice and Driver's License Practice. All the GA DDS practice tests, questions, and answers you need to pass.

More information

CURRICULUM VITAE (updated 1/1/16)

CURRICULUM VITAE (updated 1/1/16) CURRICULUM VITAE (updated 1/1/16) NAME: Deandra M. Grant PROFESSION: Founder & CEO, Deandra M. Grant & Associates (formerly Law Office of Deandra M. Grant P.C.), 1994-present Founder & CEO, Deandra Grant

More information

Ohio Drunk Driving Defense Guide

Ohio Drunk Driving Defense Guide Ohio Drunk Driving Defense Guide If you have been charged with drunk driving in the state of Ohio this indispensable guide will help you to understand the criminal justice process you face. Provided by

More information

DO I HAVE TO TAKE A BREATH TEST IF ARRESTED FOR A DUI? A White Paper Presented by

DO I HAVE TO TAKE A BREATH TEST IF ARRESTED FOR A DUI? A White Paper Presented by DO I HAVE TO TAKE A BREATH TEST IF ARRESTED FOR A DUI? A White Paper Presented by DO I HAVE TO TAKE A BREATH TEST IF ARRESTED FOR A DUI? If you asked 10 people whether they have to take a breath test when

More information

625 BROADWAY SUITE 600 SAN DIEGO, CA 92101 15 WAYS TO BEAT YOUR CALIFORNIA DUI CHARGES

625 BROADWAY SUITE 600 SAN DIEGO, CA 92101 15 WAYS TO BEAT YOUR CALIFORNIA DUI CHARGES GRIFFIN LAW OFFICE 625 BROADWAY SUITE 600 SAN DIEGO, CA 92101 15 WAYS TO BEAT YOUR CALIFORNIA DUI CHARGES 1. No Probable Cause for the Stop If the officer didn't have probable cause to stop, detain, or

More information

PREPARING YOUR DUI TRIAL

PREPARING YOUR DUI TRIAL PREPARING YOUR DUI TRIAL Lara Wallman OVERVIEW Learning the Science How to Read the Police Report Identify your Defense What Discovery to Request Investigation Expert(s) LEARNING THE SCIENCE LEARNING THE

More information

DWI Conviction Penalties. Penalty Overview

DWI Conviction Penalties. Penalty Overview Penalty Overview As your Attorney, I will work to have your DWI charge dismissed or have you found not guilty. If DWI conviction penalties, such as a fine or jail time, are incurred, we will work together

More information

Harvey M. Cohen, Ph.D. 1. Limitations of the Current Alcohol Testing Procedures, DWI Journal, Law & Science, 1 (1) 55-90 (1986).

Harvey M. Cohen, Ph.D. 1. Limitations of the Current Alcohol Testing Procedures, DWI Journal, Law & Science, 1 (1) 55-90 (1986). Harvey M. Cohen, Ph.D. Publications Relating to Alcohol and Other Drugs 1. Limitations of the Current Alcohol Testing Procedures, DWI Journal, Law & Science, 1 (1) 55-90 (1986). 2. Blood Alcohol Concentration

More information

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151.

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151. What is Driving Under the Influence (DUI)? Vehicle Code Sections 23151 and 23152 are the drunk driving laws. VC 23152(a) makes it unlawful to drive a vehicle while under the influence of alcohol or drugs.

More information

2014 Annual Convention. Traffic Law/OVI Update

2014 Annual Convention. Traffic Law/OVI Update 2014 Annual Convention Traffic Law/OVI Update Traffic Law Committee 1.5 General CLE Hours April 30 May 2, 2014 Columbus Contributors Cleve M. Johnson Attorney at Law Columbus, Ohio Mr. Johnson received

More information

Includes Ethics and Professionalism Training SUPER SYMPOSIUM. at the State Bar of Georgia. Atlanta, Georgia. August 26-28, 2015

Includes Ethics and Professionalism Training SUPER SYMPOSIUM. at the State Bar of Georgia. Atlanta, Georgia. August 26-28, 2015 Dui Training Includes Ethics and Professionalism Training SUPER SYMPOSIUM at the State Bar of Georgia 14 Different Sessions Presented... YOUR Training...YOUR Way! Choose to attend one day up to all three!

More information

DUI HANDBOOK. Driving Under the Influence in Pennsylvania. The Martin Law Firm, P.C. www.jbmartinlaw.com

DUI HANDBOOK. Driving Under the Influence in Pennsylvania. The Martin Law Firm, P.C. www.jbmartinlaw.com DUI HANDBOOK Driving Under the Influence in Pennsylvania Find us on Facebook Follow us on Twitter Connect with us on LinkedIn THE MARTIN LAW FIRM, P.C. Pennsylvania DUI Handbook Introduction Drunk driving,

More information

Mecklenburg County DWI: What to Do if Arrested for Driving While Impaired in Charlotte North Carolina. What to Expect. What You Need to Know.

Mecklenburg County DWI: What to Do if Arrested for Driving While Impaired in Charlotte North Carolina. What to Expect. What You Need to Know. Mecklenburg County DWI: What to Do if Arrested for Driving While Impaired in Charlotte North Carolina What to Expect. What You Need to Know. Robert J. Reeves Law Offices of Robert J. Reeves P.C. NC DWI

More information

Learning Objectives. Outline

Learning Objectives. Outline Robby Chapman Program Director, TMCEC 2014 Traffic Safety Conference Learning Objectives (1) Recognize the offense of DUI and how it is different from a DWI (2) Describe the paperwork associated with the

More information

ERKER LAW FIRM, P.A.

ERKER LAW FIRM, P.A. E ERKER LAW FIRM, P.A. Thomas J. Erker LICENSED KANSAS ATTORNEYS 130 North Cherry, Suite 203 J. Ryan Erker* www.erkerlaw.com Olathe, Kansas 66061 *Also Licensed in Missouri e-mail: info@erkerlaw.com (913)

More information

Curriculum Vitae. EDUCATION Bachelor of Science Major: Zoology; Minor Chemistry (1980) South Dakota State University Brookings, SD

Curriculum Vitae. EDUCATION Bachelor of Science Major: Zoology; Minor Chemistry (1980) South Dakota State University Brookings, SD Terry L. Robinson Southwestern at Dallas Forensic Chemistry Department 2355 North Stemmons Freeway Dallas, Texas 75207 Office: (214) 920-5965 Fax: (214) 920-5918 Terry.Robinson@dallascounty.org 2013 Curriculum

More information

For DUI Can Be What Gets You Off.

For DUI Can Be What Gets You Off. - Cutting Edge DUI Defense At A Price You Can Afford - Not Guilty Dismissed Reduced The Exact Same Science That Got You Arrested For DUI Can Be What Gets You Off. The Decision You Make Right Now Will Affect

More information

UNFAIR TACTICS USED BY POLICE AND PROSECUTORS TO CONVICT THE UNWARY MOTORIST OF DRUNK DRIVING AND DEPRIVE THEM OF DRIVING PRIVILEGES

UNFAIR TACTICS USED BY POLICE AND PROSECUTORS TO CONVICT THE UNWARY MOTORIST OF DRUNK DRIVING AND DEPRIVE THEM OF DRIVING PRIVILEGES UNFAIR TACTICS USED BY POLICE AND PROSECUTORS TO CONVICT THE UNWARY MOTORIST OF DRUNK DRIVING AND DEPRIVE THEM OF DRIVING PRIVILEGES JAMES J. NOLLETTI, ESQ. If you have been charged with Driving While

More information

Occupational Licenses for Justice of the Peace Courts

Occupational Licenses for Justice of the Peace Courts Occupational Licenses for Justice of the Peace Courts Presented by G. Cole Spainhour Attorney at Law 1811 North Austin Avenue, Suite 204 Georgetown, TX 78626 Phone (512) 930-0797 cspainhour@outlook.com

More information

Hire the Best Austin DWI Lawyer: The Charles Johnson Law Firm

Hire the Best Austin DWI Lawyer: The Charles Johnson Law Firm The Charles Johnson Law Firm provides the highest level of representation in assisting our clients through the rigors of a DWI case. After you are charged with DWI in the Austin area, you are confronted

More information

DWI / DUI in North Carolina

DWI / DUI in North Carolina DWI / DUI in North Carolina 4th Fighter Wing Office of the Staff Judge Advocate 1600 Wright Brother Ave, Suite 265 Seymour Johnson AFB NC 27531 (919)722-5322 Current as of September 2014 The following

More information

You and the Drinking Driving Laws

You and the Drinking Driving Laws Page 1 of 7 You and the Drinking Driving Laws WHY ARE PENALTIES FOR DRINKING AND DRIVING SO STRICT? Drinking and driving is a hazardous combination. CONSIDER THESE FACTS: One third of the fatalities in

More information

Criminal Investigation CRJ141. Matthew McCarty

Criminal Investigation CRJ141. Matthew McCarty Criminal Investigation CRJ141 Matthew McCarty Operating While Intoxicated (OWI) Investigation OWI Statistics On Average 2% of all drivers on the roads at any given time are intoxicated. On weekend nights

More information

CRIMINAL LAW AND TRAFFIC VIOLATIONS

CRIMINAL LAW AND TRAFFIC VIOLATIONS THE PEOPLE S LAW SCHOOL What everyone needs to know CRIMINAL LAW AND TRAFFIC VIOLATIONS Tuesday, December 13, 2005 Peter A. Gerstenzang, Esq. Gerstenzang O Hern Hickey & Gerstenzang Albany, New York Presented

More information

Thomas M. Petersen Omaha DUI Attorney

Thomas M. Petersen Omaha DUI Attorney CHEMICAL TESTS FOR DRIVING UNDER THE INFLUENCE IN NEBRASKA In the Event You Are Ever Stopped for DUI in Nebraska It May Help to Have a Basic Understanding of Why Chemical Tests are Used, How they Work,

More information

A North Carolina Guide to Driving While Impaired (DWI)

A North Carolina Guide to Driving While Impaired (DWI) A North Carolina Guide to Driving While Impaired (DWI) Fighting a DWI Charge, Getting Your Life Back on Track By Damon Chetson Criminal Defense Lawyer, Raleigh, NC Call: (919) 352-9411 Email: info@chetson.com

More information

THANK YOU FOR REQUESTING AND READING THIS INFORMATION.

THANK YOU FOR REQUESTING AND READING THIS INFORMATION. THANK YOU FOR REQUESTING AND READING THIS INFORMATION. The fact that you have taken the time to request this book shows you are serious about winning your DUI case. I only work with people who want to

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

DUI CLIENT INTERVIEW SHEET

DUI CLIENT INTERVIEW SHEET DUI CLIENT INTERVIEW SHEET Date: I. PERSONAL INFORMATION Full Name: Age: DOB: Race: Sex: Referred by: Current Address: City: State: Telephone Number(s): (H) (W) (C) (O) How long resident of county: Marital

More information

NHTSA's STANDARDIZED FIELD SOBRIETY TESTING (SFST) TRAINING FOR LEGAL PROFESSIONALS. Athens, Georgia. August 25-26, 2011

NHTSA's STANDARDIZED FIELD SOBRIETY TESTING (SFST) TRAINING FOR LEGAL PROFESSIONALS. Athens, Georgia. August 25-26, 2011 NHTSA's STANDARDIZED FIELD SOBRIETY TESTING (SFST) TRAINING FOR LEGAL PROFESSIONALS Athens, Georgia August 25-26, 2011 A T H E N S H I L T O N G A R D E N I N N A T H E N S, G A HOTEL ADDRESS: 390 Washington

More information

How are you getting home? Drinking, Driving and the Law... 1-888-THE-TABC www.tabc.texas.gov www.2young2drink.com

How are you getting home? Drinking, Driving and the Law... 1-888-THE-TABC www.tabc.texas.gov www.2young2drink.com How are you getting home? Drinking, Driving and the Law... 1-888-THE-TABC www.tabc.texas.gov www.2young2drink.com 2 3 Drinking and Driving Laws If you are over 21, -.08 is the limit in Texas on all roadways.

More information

T2007 Seattle, Washington

T2007 Seattle, Washington T2007 Seattle, Washington Search Warrants for BAC Test Refusals James Hedlund* 1, Douglas Beirness 2, and Amy Berning 3 1 Highway Safety North, Ithaca, NY, U.S.A.; 2 Beirness & Associates, Ottawa, ON,

More information

CITY OF MARYLAND HEIGHTS OFFICE OF THE CHIEF OF POLICE

CITY OF MARYLAND HEIGHTS OFFICE OF THE CHIEF OF POLICE CITY OF MARYLAND HEIGHTS OFFICE OF THE CHIEF OF POLICE GENERAL ORDER 452.00 Cancels: 452.00 Rev 2 Index as: October 31, 2013 Blood Test, DWI Breath Test, DWI DWI Evidence, DWI Traffic Accidents, DWI Urine

More information

TEXAS. by Peter M. Lopez Attorney & Counselor at Law Certified Mediator

TEXAS. by Peter M. Lopez Attorney & Counselor at Law Certified Mediator 0 TEXAS TEXAS by Peter M. Lopez Attorney & Counselor at Law Certified Mediator For More Information Contact: 202 East Broadway Sweetwater, Texas 79556 325-235-9502 www.petermlopez.com ii Copyright 2015

More information

Over the last several decades there has been a combined effort by public agencies and private advocacy groups to bring awareness to the public about

Over the last several decades there has been a combined effort by public agencies and private advocacy groups to bring awareness to the public about WHAT THE PROSECUTOR DOESN T WANT YOU TO KNOW ABOUT YOUR TENNESSEE DUI CASE Over the last several decades there has been a combined effort by public agencies and private advocacy groups to bring awareness

More information

Driving under the influence of alcohol, drugs, or other intoxicating substances;

Driving under the influence of alcohol, drugs, or other intoxicating substances; OCGA 40-6-391 Brief Description Driving under the influence of alcohol, drugs, or other intoxicating substances; Statutory Language (a) A person shall not drive or be in actual physical control of any

More information

NCDD SUMMER SESSION 2016 Just Say NO to Losing Your Client s Professional License Law Offices of Virginia L. Landry, Inc. 23046 Avenida De La Carlotta, Suite 125 Laguna Hills, CA 92653 949-585-7400 virginia@landrylaw.net

More information

Understanding quantitative blood alcohol testing in drunk driving cases.

Understanding quantitative blood alcohol testing in drunk driving cases. Understanding quantitative blood alcohol testing in drunk driving cases. 16 By Patrick T. Barone and Jeffery S. Crampton Drunk driving cases involving blood draws are considerably more complicated to litigate

More information

The DUI Report. First Aid: What to do Right Away. Advertisement. The DMV Hearing and Issues. Meet David Haenel, Sentencing Alternatives:

The DUI Report. First Aid: What to do Right Away. Advertisement. The DMV Hearing and Issues. Meet David Haenel, Sentencing Alternatives: The DUI Report A Comprehensive FLORIDA DUI Resource If you have already retained a lawyer in this matter, please disregard this flyer/magazine. We have obtained your name from the Hillsborough, Pinellas,

More information

A FLORIDA VALIDATION STUDY OF THE STANDARDIZED FIELD SOBRIETY TEST (S.F.S.T.) BATTERY

A FLORIDA VALIDATION STUDY OF THE STANDARDIZED FIELD SOBRIETY TEST (S.F.S.T.) BATTERY ATTACHMENT C A FLORIDA VALIDATION STUDY OF THE STANDARDIZED FIELD SOBRIETY TEST (S.F.S.T.) BATTERY Marcelline Burns, Ph.D. Southern California Research Institute Los Angeles, California Teresa Dioquino,

More information

You And The Drinking Driving Laws

You And The Drinking Driving Laws You nd The Drinking Driving Laws WHY RE PENLTIES FOR DRINKING ND DRIVING SO STRICT? Drinking and driving is a hazardous combination. One third of the fatalities in New York State involve impaired or intoxicated

More information

Virginia DUI/DWI Frequently Asked Questions

Virginia DUI/DWI Frequently Asked Questions Virginia DUI/DWI Frequently Asked Questions By T. Kevin Wilson, Esq. 9300 Grant Avenue, Suite 301 Manassas, Virginia 20110 (703) 361-6100 (540) 347-4944 Fax: (703) 365-7988 Table of Contents General...3

More information

Intoxilyzer 5000EN: Common Defenses to Use for Crossing the Technical Supervisor

Intoxilyzer 5000EN: Common Defenses to Use for Crossing the Technical Supervisor Intoxilyzer 5000EN: Common Defenses to Use for Crossing the Technical Supervisor 2013 Rusty Duncan Seminar Deandra Grant Attorney at Law 800 E. Campbell Rd., Suite 110 Richardson, TX 75081 (972) 943-8500

More information

Understand OUI Laws and Penalties

Understand OUI Laws and Penalties 1 1. I just got arrested for an OUI. What do I do? 2. Should I fight the case or work out a deal? 3. What happens if I fight the case, and how long will it take? 4. How long will I lose my license for?

More information

How to Represent Yourself on a Drink Driving Charge in NSW

How to Represent Yourself on a Drink Driving Charge in NSW How to Represent Yourself on a Drink Driving Charge in NSW 1. Introduction Many people who are charged with a drink driving offence decide not to contest the charge because they cannot afford a lawyer

More information

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. 42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol

More information

HOW TO SURVIVE YOUR NEW YORK DWI ARREST

HOW TO SURVIVE YOUR NEW YORK DWI ARREST HOW TO SURVIVE YOUR NEW YORK DWI ARREST FOR ITHACA AND TOMPKINS COUNTY The Local Advantage NEW YORK DWI DEFENSE LAWYER LAWRENCE NEWMAN, ESQ. 504 North Aurora Street Ithaca, NY 14850 607-229-5184 www.ithacadwi.com

More information

Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched

Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched Garden State CLE 21 Winthrop Road Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 Atty2starz@aol.com Video Course Evaluation Form Attorney Name Atty ID number for Pennsylvania: Name of

More information

THE ANATOMY OF A *DUI-OWI CASE

THE ANATOMY OF A *DUI-OWI CASE THE ANATOMY OF A *DUI-OWI CASE By Michael J. (Mike) Nichols ARREST You awake in the drunk tank. Your head hurts. You didn t sleep at all. Now what? The first thing to understand is that you are experiencing

More information

PRETRIAL DUI DIVERSION INFORMATION SHEET

PRETRIAL DUI DIVERSION INFORMATION SHEET PRETRIAL DUI DIVERSION INFORMATION SHEET If you have been charged with Driving Under the Influence of Alcohol and/or Drugs or an alcohol related charge, you may be eligible for consideration for the City

More information

DUI Voir Dire Questions INTRODUCTION

DUI Voir Dire Questions INTRODUCTION DUI Voir Dire Questions INTRODUCTION 1. Can you give me an example of a law that you disagree with (i.e., the speed limit)? 2. Someone tell me what the First Amendment protects? You see Ladies and Gentlemen,

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About DWI & DUI Charges HOW TO USE THIS GUIDE If you read this guide, you will discover

More information

An Analysis of Idaho s Kootenai County DUI Court

An Analysis of Idaho s Kootenai County DUI Court An Analysis of Idaho s Kootenai County DUI Court AN ALCOHOL TREATMENT PROGRAM FOR PERSONS ARRESTED FOR THEIR SECOND DUI OFFENSE OR BAC OF 0.20% OR HIGHER Prepared for National Highway Traffic Safety Administration

More information

New Orleans Area Criminal Defense Lawyer

New Orleans Area Criminal Defense Lawyer New Orleans Area Criminal Defense Lawyer Our Louisiana criminal defense law firm provides aggressive and effective defense for individuals in local, state, and federal courts. At Gerard Archer Law Firm,

More information

A GUIDE TO SUSPENSION & REVOCATION OF DRIVING PRIVILEGES IN NEW YORK STATE

A GUIDE TO SUSPENSION & REVOCATION OF DRIVING PRIVILEGES IN NEW YORK STATE DEFINITIONS sus.pen.sion n 1: Your license, permit, or privilege to drive is taken away for a period of time before it is returned. You may be required to pay a suspension termination fee. re.vo.ca.tion

More information

T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O C O URT

T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O C O URT T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O T RAFFIC C O URT A G UIDE T O T RAFFIC C O URT Prepared and distributed as a Public Service by the

More information

Common Challenges and Defenses in an OWI Case. March 26, 2009

Common Challenges and Defenses in an OWI Case. March 26, 2009 Common Challenges and Defenses in an OWI Case March 26, 2009 Objectives Identify the main challenges and defenses in an OWI case. Formulate responses to combat defense challenges. Defense The stop was

More information

What To Expect From a DUI Arrest

What To Expect From a DUI Arrest What To Expect From a DUI Arrest By Marcus Landsberg, IV of the A first-time DUI arrest is scary for those involved. You see the blue lights in the rear view and your heart sinks. This pamphlet is the

More information

DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION

DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION prepared by: LAW OFFICES OF MARK L. HORWITZ A Professional Association 17 East Pine Street Orlando, Florida 32801 (407) 843-7733 CRIMINAL CHARGE

More information

Clarion County ARD / DUI Program ARD APPLICATION CHECKLIST

Clarion County ARD / DUI Program ARD APPLICATION CHECKLIST Clarion County ARD / DUI Program ARD APPLICATION CHECKLIST The following items must be completed prior to entry, or during the ARD program. It is your responsibility to complete all of the following tasks

More information

COMBATING DWI DEFENSES

COMBATING DWI DEFENSES COMBATING DWI DEFENSES I. THE IMPORTANCE OF PROSECUTING DWIS II. MAIN AREAS OF DEFENSE ATTORNEY ATTACKS Police reports / officer testimony Standard field sobriety tests (SFSTs) III. 2 ELEMENTS TO PROVE

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

The University. Department of Police Services

The University. Department of Police Services The University of Vermont Department of Police Services Department Directive # OPS-1110 Subject: DUI Enforcement CALEA Standards 61.1.4, 61.1.5, 61.1.10, 61.1.11 Rescinds All Previous Directives Effective

More information

No Breath Test? No Problem: Winning the Refusal Case

No Breath Test? No Problem: Winning the Refusal Case No Breath Test? No Problem: Winning the Refusal Case Brandon Hughes, Traffic Safety Resource Prosecutor Admit it. The first thing you do when you get a DUI case file is tear through it looking for the

More information

FAVORABLE DWI RESULTS 2009

FAVORABLE DWI RESULTS 2009 FAVORABLE DWI RESULTS 2009 KEY TERMS: VTL: Vehicle and Traffic Law PL: Penal Law BAC: Blood Alcohol Content DWAI (VTL 1192.1): driving while ability impaired-a traffic infraction same level violation as

More information

2014 Changes in DUI Law

2014 Changes in DUI Law 2014 Changes in DUI Law Mississippi Code 63-11-30: All the following changes take effect on October 1, 2014. Driving under the influence as provided by 63-11-30: (1) It is unlawful for a person to drive

More information

Drinking, Drugs & Driving

Drinking, Drugs & Driving Community Legal Information Association of Prince Edward Island, Inc. Drinking, Drugs & Driving Introduction The laws about driving while drinking or impaired can be confusing. This booklet will explain

More information

Crowne Plaza Hotel 23 S. Second St. Harrisburg, PA 17101 (717) 234-5021

Crowne Plaza Hotel 23 S. Second St. Harrisburg, PA 17101 (717) 234-5021 LEARN WHAT THEY SHOULD HAVE LEARNED NHTSA/ICAP DRE (DRUG RECOGNITION EXPERT) Hosted by: The McShane Firm, LLC Justin J. McShane, Esquire Justin@themcshanefirm.com 4807 Jonestown Rd, Suite 148 17109 (717)

More information

DWI Penalties 1st Offense 2nd Offense 3rd Offense

DWI Penalties 1st Offense 2nd Offense 3rd Offense DWI Penalties Driving While Intoxicated (DWI) in Texas is a serious offense. Blood Alcohol Content (BAC) over.08% or being under the influence of a controlled substance are grounds for arrest under Texas

More information

Law & The Courts Resource Guide

Law & The Courts Resource Guide Law & The Courts Resource Guide - what to do in case of an auto accident - your rights in traffic court - your rights if arrested table of contents What To Do In Case Of An Auto Accident...1 Your Rights

More information

THANK YOU FOR REQUESTING AND READING THIS INFORMATION.

THANK YOU FOR REQUESTING AND READING THIS INFORMATION. THANK YOU FOR REQUESTING AND READING THIS INFORMATION. The fact that you have taken the time to request this book shows you are serious about winning your DUI case. I only work with people who want to

More information

Know your rights. Q: What If police, FBI, or immigration agents contact me? Do I have to answer questions?

Know your rights. Q: What If police, FBI, or immigration agents contact me? Do I have to answer questions? Know your rights What rights do I have as a non-immigrant, F-1/J-1 visa holder? Whether or not you re a citizen, you have rights under the United States Constitution. The Fifth Amendment gives every person

More information

GHB Laws- Possession, Possession for Sale and DUI of GHB

GHB Laws- Possession, Possession for Sale and DUI of GHB GHB Laws- Possession, Possession for Sale and DUI of GHB GHB is a narcotic or controlled substance and is regulated under the federal Controlled Substances Act; accordingly, its sale, possession for sale

More information

REDUCING VERMONT S DUI PER SE LIMIT Richard A. King, B.A.

REDUCING VERMONT S DUI PER SE LIMIT Richard A. King, B.A. ISSN: 2161-0231 (ONLINE) REDUCING VERMONT S DUI PER SE LIMIT Richard A. King, B.A. ABSTRACT This article examines the appropriateness of reducing Vermont s DUI Per Se limit from.08 to.05 based upon current

More information

DUI (Driving Under the Influence)

DUI (Driving Under the Influence) DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08

More information

COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED. A White Paper Presented By

COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED. A White Paper Presented By COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED A White Paper Presented By COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED A Guide To Understanding The Penalties And Legal Processes

More information