DUI attorney

Drunk Driving Survival Tips

2007-06-24T15:36:00.000+07:00

Survival Tips if You're Accused of a DUI

Print this out and place it in your wallet or purse in case you are ever stopped and accused of DUI.

Officer, presumably you contacted me with probable cause. If you intend to cite me, please do so without delay so I may leave immediately.
If I am under lawful arrest and you intend to question me, I will not answer any questions without my attorney.
I will not perform any voluntary balance or coordination tests or breathe into any portable breath testing device not mandated by the implied consent law in order for me to avoid license revocation.
If you cannot say you do not suspect any drugs as causing the objective symptoms you claim to observe, then I demand my right to take a urine test and to save the void and sample for re-analysis. If you say drugs are not involved, I still choose a urine test.
If you claim it is not a first option, then I choose a breath test and when that is completed, I demand my right to a retest sample urine test.
I request that you attach this card to your arrest report and DS 367 addressing both probable cause and implied consent and that you video tape the implied consent admonition.
I do not waive any of my statutory or constitutional rights and I demand that I be given my phone calls within 3 hours of booking. I want to call my attorney at (805) 966-0812.

Avoiding a DUI Arrest

2007-06-24T15:35:00.001+07:00

Seven Ways to Avoid a Drunk Driving Arrest

Wait 12 hours after your last drink before driving. Consider taking a cab, having a sober friend drive, walking, or taking a hotel room. This is the easiest, safest way to avoid a DUI.
Make sure all of your headlights, tail, brake, and signal lights are all working properly and that you have both rear and front license plates. Make sure that you turn on your headlights at night. Make sure your registration is current and properly displayed. Keep your car in good shape. Do not drive without a valid license and proof of insurance in your possession. You should keep your license, registration and insurance documents in the same place (put them all in an envelope in your glove box before you go out at night).
Be polite and respectful. Obey the rules of the road: Drive at a reasonable speed, and at or below the maximum limit. Don't weave or lane straddle. Use your turn signals. Come to a complete stop at stop signs and red lights. If you have a flashy car know that everyone, including police, is looking at you. Make sure the flash is legal. Do not throw cigarettes or trash out of the car window. Don't blast loud music from your car. Make your drunk friends puke before they get in the car. If you do nothing to attract attention, then you will not be pulled over.
DO NOT TAKE ANY VOLUNTARY BALANCE OR COORDINATION TESTS, and DO NOT LET THE OFFICER CHECK YOUR EYES - Horizontal Gaze Nystagmus (after all, he is not an "ophthalmologist" or an "optometrist").
If you are 21, or older, DO NOT TAKE A "PAS" breath test (preliminary alcohol screening test). Tell the police you have been told the portable test is not as accurate as the real "implied consent" tests and that you know you don't have to take it.
If arrested and accused of DUI, make your first choice to take a Urine test. If the police won't give you that option, take a breath test, then ask the police to give you a test that will save a sample. Choose Urine, and make sure and explain to the police that you want a sample by the least invasive and painless procedure, with the least chance of being infected with "Aids" or Hepatitis "C".
If arrested, immediately hire an attorney who is a specialist member of California DUI Attorneys Association, and a member of the National College for DUI Defense, as well as one who is trained and certified by the National Highway Traffic Safety Administration (NHTSA) and The International Association for Chiefs of Police (IACP). This will insure that your lawyer is highly skilled in DUI defense.

Drunk Driving Defense Policies

2007-06-24T15:31:00.000+07:00

Santa Barbara DUI Lawyer Attorney Payment Policies

Payment Policies: Reasonable flat fees and hourly rates available.

I understand that the cost of an DUI attorney is an expense that you weren't planning on. So I offer fees at a flat rate for everything but trial to assist you with your budgeting. Trial time is by the hour. In the alternative, you can pay a flat fee for Pre-trial, and a second flat fee if trial is required. Finally, if you prefer, you can pay one flat fee which includes all legal services, even a jury trial. You can pick the option that best suits you.

Of course I accept cash or checks. For your convenience, I'll also gladly accept payment by credit card. You may combine 2 or more payment methods.

In any case, the initial consultation with me is free, so there you will learn just what your rights and options are, without any risk or cost. When we are finished, if you're not convinced that I will be able to defend you to your complete satisfaction, then you can simply decide not to hire me ... and you'll owe me nothing.

Some people do try to defend themselves, but this is risky because the penalties are harsh. Good legal representation decreases many of these concerns. See what your DUI may cost.

Discover for yourself how I can help save your license and freedom by calling me at (805) 966-0812 now for your appointment, or contact me by e-mail at feedback@winyourdui.com

Attorney find holes in the charges

2007-06-24T15:24:00.000+07:00

Santa Barbara DUI Attorney Article

Los Angeles Times Article

Under cross-examination, Santa Barbara attorney Darryl W. Genis, 36, grudgingly confesses that his 800-number ads are a tad misleading. Take the client testimonials: “I was charged with a DUI, .21% breath and priors. My priors and DUI were thrown out. I pleaded guilty to speeding,” reads one. “It’s true,” Genis says, “but we had to condense facts to fit the ad space. That caused some misunderstandings.

Still Genis testifies unswervingly that there is a compelling reason for running his ads. “Drunk-driving enforcement is the witch hunt of the ‘90s,” he says.

It’s a decidedly unpopular point of view, and Genis has taken plenty of brickbats since he began running his ads (“I Get Results!”) in L.A. newspapers two years ago.

“MADD compared me to a lawyer for Lee Harvey Oswald or Charles Manson,” he says. Everyone’s entitled to a defense, and I work within the law.” Faulty tests, negligent procedure, police report errors — Genis finds the holes in the charges and uses them to make deals, or to get the case thrown out, with an 87% success rate.

After 13 years of DUI defense work, Genis has concluded there are some less-than-noble motives fueling California’s crusade against drunk driving, which resulted 265,882 convictions in 1990.

“I don’t have a problem with arrests made in good faith,” he says. “But I do have a problem with a law that encourages people to take risks, that says it’s OK to drink and drive up to a point.”

If the state were genuinely concerned with public safety, he says, it would criminalize driving within 12 hours of drinking, and use blood tests, which are the most reliable. “It’s radical,” he says. “But it would work a lot better than the present law.”

So why hasn’t such a law been passed? Simple, says Genis: “For all the rhetoric, DUI enforcement is a terrific revenue generator.” Which, he maintains, has led to test abuse. “You have cops who have no training in optometry giving [eye] tests that supposedly give evidence of alcohol intoxication.”

But the guiltiest parties, he claims, are auto insurance companies. “As long as the ‘problem’ continues,” he says, “insurance companies can keep charging outrageous amounts for special coverage.”

Of course, he’s not making out too badly himself. Genis works on three to 10 DUI cases a day; fees range from $4,500 to $12,000 for misdemeanor arrests. But, he adds, “I’d be glad to see that law change. I could always make a good living some other way.”

--Ed Dwyer

A guide to picking an attorney

2007-06-14T19:42:00.000+07:00

by: Gerard Simington

In our modern society, legal issues arise practically every day. Given this fact, you need to know how to pick an attorney for your situation.

A Guide to Picking An Attorney

If you live in America, you are going to run into some type of a legal issue that must be addressed. Hopefully, the issue is something minor such as dealing with home purchase, but there will be many situations in which it is wise to retain an attorney. The question for most people, however, is how to pick an attorney from the thousands available? There are a number of important issues to consider when picking an attorney. Two, however, are the most important.

The first thing to focus on is finding an attorney that practices in the area you are having an issue. This may sound obvious, but many people make this mistake. If you have an issue involving problems with the sale of your home, you want to pick an attorney that focuses his or her practice entirely on real estate. Picking a business attorney or general practice attorney is a poor choice because they do not know the ins and outs of the area of law. Each area of law is complex. New case rulings are issued daily, so keeping up on breaking developments requires an attorney to really just focus on one area of law.

The second issue is experience. You want an attorney with plenty of it. Why? An attorney with a lot of experience in a particular field has a reputation. In handling a legal matter, attorneys always evaluate the lawyer on the other side. If you have an experienced attorney, your opponent knows it is going to be a rough case and will be more likely to give you the result you want. This reputation and experience issue also extends to the court room where judges give more experienced lawyers the benefit of the doubt.

When it comes time to picking an attorney, you want to speak with at least three. The initial consultation should always be free. During the consultation, ask the attorney how long they have been practicing, if they have ever had a complaint registered with the bar association [regulates attorney licensing] against them, and if they have ever handled a case such as yours and the result.

On the practical side, ask them who in the office will work on your case. Many people are surprised to learn that the attorney they retain will actually have paralegals, law clerks and associates doing much of the grunt work on legal issues. This leads to problems when a client wants to talk to the senior attorney, but primarily receives communications from the associate [junior attorney] or paralegal. In short, ask the attorney how the case will be handled within the office and make sure you are comfortable with the answer. If you are not, move on.

The issue of how to pick an attorney is a common one. When in doubt, look for expertise, experience and a comfortable communication situation.

Attorney at law

2007-06-14T19:41:00.000+07:00

An attorney at law (also known simply as an attorney or lawyer) in the United States is a person licensed to practice law by the highest court of a state or other jurisdiction. Alternate terms include attorney-at-law and attorney and counselor (or counsellor) at law.

The American legal systems has a united (or fused) legal profession, and does not draw a distinction between lawyers who plead in court and those who do not. Many other common law jurisdictions, as well as some civil law jurisdictions, have a separation, such as the solicitor and barrister/advocate split in the United Kingdom and the advocate/civil law notary split in France. There is also no delegation of routine work to notaries public or their civil law equivalent.

source: http://en.wikipedia.org

DWI Laws and you - what you need to know

2007-06-14T19:39:00.000+07:00

by: Peter Wallander

For many people, the act of driving while intoxicated (DWI) is one of the worst crimes that someone can commit. In reaction to that, the DWI laws are becoming tougher by the day. While there is no one set of laws that cover every state, they are somewhat similar in nature and in penalty.

Most states follow the same penalty structure, beginning with the suspension of the drivers' license. This can be done immediately if the suspected driver refuses to submit to a chemical drug or alcohol test at the time of the alleged violation. The penalty phase then moves to jail time and confiscation of the vehicle.

Some states are working on passing laws that will make a driver under the influence responsible for any type of traffic accident whether or not they were actually at fault. This would mean that if you are intoxicated and are hit by another, un-intoxicated, driver who runs a stop sign or crosses into your lane, that you would legally be at fault.

Several states, forty-two to be exact, have a condition that allows offenders that meet certain criteria to drive if their cars have been outfitted with ignition locks. These work by locking the ignition until the driver submits to an onboard breathalyzer test. If the test comes back negative, the car is allowed to start.

The laws and penalties in your state may vary. It is always wise to be aware of your local and state DWI laws and how you could be affected by them. These laws can be found on the internet for most states and by visiting your local police station.

Every state, with the exception of Massachusetts, has laws on the books that make it a crime to drive while intoxicated. This usually is defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. However, some states have the legal limit set lower, most of these are at 0.08 percent.

It is so important to realize how devastating the effect of driving while intoxicated can be. This crime is easily preventable by calling a taxi, a friend or by just staying home if you are going to be intoxicated. For those who don't make these types of arrangements, the DWI laws are getting tougher and law enforcement is intent on doing their job to get them off the road.

How to find A Good DUI Attorney

2007-06-14T19:38:00.001+07:00

by: Lawrence Taylor

You or someone close to you has been arrested for drunk driving. Innocent or not, you know you're a lot better off with an experienced DUI lawyer. So how do you find one? The suggestions provided below will help you find competent and ethical representation -- and avoiding the alternatives.

The best source for finding a good DUI lawyer, of course, is a referral -- a recommendation from someone you trust. This may be a family member or friend who has faced DUI charges before, or it may be your family or business lawyer who can make educated inquiries. Perhaps the best source of referral is to ask a police officer, or go to a courthouse and ask a bailiff of court clerk: Who is the best you've seen? Who would you retain if you were arrested?

One possibility that may come to mind is a referral service of the local Bar Association. This is generally not a good idea, as you will usually be referred to the next attorney on a list of members; the only requirement for inclusion on the list is the request to be placed on it.

Failing a recommendation from a trusted source, the best approach is research on the internet. A lot can be discovered about DUI laws, evidence, procedures, penalties -- and about lawyers who practice in this technical and complex field. There will, of course, be unending advertisements, self-promoting websites and, least useful, endless "directories" of DUI attorneys who have simply paid a lot of money to be included.

One excellent resource is the membership list on the website of the National College for DUI Defense. This is a professional organization of over 800 attorneys nationwide who emphasize drunk driving defense in their practices. Although membership is no guarantee of competence and/or ethics, it is usually a good indication the lawyer is serious about this field. The College emphasizes the education of the Bar through seminars, most notably an intensive annual 3-day seminar at Harvard Law School, and has been recognized by the American Bar Association as the only organization authorized to Board-certify attorneys as "DUI Defense Specialists", a process that is extremely demanding.

In making the important decision of which attorney to have defend you, the following should be considered:

a) DUI defense is a technical and highly specialized field: Does the lawyer handle drinking and driving cases only - or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?

b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?

c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.

d) Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all-inclusive? Do the fees cover such "extras" as the license suspension hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?

e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is "A-V.")

f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?

g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)

Car crash auto accident lawyers & attorney - side impact collisions

2007-06-14T19:32:00.000+07:00

by: T.Going

Side impact collisions are a very common type of accident. These collisions occur when the front of an oncoming vehicle strikes the side of your car, causing a strong impact. Side impact car crashes are responsible for around 9,000 deaths every year. The only collisions that are more deadly than side impact collisions are head on crashes. In 2004 around 26% of all fatal car accidents and about 31% of the non-fatal car crashes were the results of side impact collisions. Sometimes these accidents happen at intersections when someone fails to stop for a red light or stop at a stop sign. These types of accidents are certainly preventable.

If you are the victim of a car wreck it is your right to be compensated for your injuries. Side impact collisions are often serious, but even minor crashes can cause you chronic and debilitating injuries. It’s important to start a vehicle lawsuit soon because the success of the case usually depends on the medical records registered from the accident. As more time passes, the connection becomes more and more difficult to prove.

Anther important factor in a vehicle accident lawsuit is the statute of limitations and time constraints. This is why it is so important that you contact an experienced accident attorney who will be able to fight for your right as the victim of the car accident.