Archives for February 2019

Think Like a Lawyer: DUI Defenses

If you’ve been charged with a DUI, don’t give up on a powerful defense. This article will explain key DUI defenses that you can discuss with your lawyer to plan an attack against the prosecution’s evidence:

Reasonable Suspicion for the Stop. Examine the reason for the stop. Did the officer observe a violation of the law? Or did he pull you over because of a guess or a prejudice? The officer must have reasonable suspicion that the driver or passenger have committed, is committing or will commit a crime. Reasonable suspicion is more than a hunch and has to be based on specific facts. If the officer can’t justify the stop, then your attorney can file a Motion to Suppress the evidence. If the motion is successful, the prosecution will typically not have the evidence available to convict you.

Don’t Assume the Blood Alcohol Tests Are Irrefutable. A test is intimidating evidence, but there are still ways to undermine the reliability of this evidence against you:

Undermine the reliability of the testing procedures.
- Did the administrator of the test have the proper training?
- Were the testing procedures followed with exactness?
- Was the device functioning properly?
- Were there results that were inconsistent with each other?
- Did they observe you prior to the DUI?
- Were you smoking, eating, drinking, burping, vomiting, etc. prior to or during the test?
Rising Blood Alcohol. The relevant point in time for blood alcohol level is at the moment you are driving. If your blood alcohol level goes up after you are arrested because the alcohol is absorbing into the blood stream, then you have an argument that the test is not accurate to the level while you were driving.
- The amount of food that is consumed, the gender of the driver, and other factors may play into whether the blood alcohol defense can be credibly asserted
Medical Problem Defense. The key point here is whether you have a medical problem that would render the results inaccurate.
- Do you have a medical condition such as asthma or emphysema that affects your lung capacity and ability to blow into a machine?

Fight the Officer’s Observations and Field Sobriety Tests.

The key here is to undermine the validity of the tests. Do you have a medical condition? Were there weather conditions? Did the officer explain and administer the tests properly?
tests, or if correct instructions were not given, then you can question the reliability of the conclusions drawn from the tests.

Don’t give up. There are many possible defenses in your case, so consult with your attorney.

Filed Under: DUI, Fairfield Attorney, Fairfield Lawyer

Should I Stay or Should I Go: Thinking About Divorce

If you are thinking about getting a divorce, you are not alone. The decision to pull the trigger can have consequences for your finances, your family, and your freedom to move or make decision. This article will help walk you through questions to ask an experienced divorce attorney if you are on the fence about whether you should get a divorce at all or if you are deciding when you should get a divorce.

What will be the effect on my time with children?

If you have children, your time and decision-making power for them are likely to be two of your top concerns. Discuss with your attorney some of the typical parenting plan arrangements so that you can get an idea ahead of the divorce of the options that are best for you.

How will a divorce impact my ability to move out of state?

If you have children, a divorce can impact the ease with which you can move out of state. Consider your long terms plans for yourself and your children, and if you prefer to settle outside the state you are currently in, then that’s definitely a topic you should discuss with your attorney.

How will divorce impact my standard of living?

Think about the property/assets that you had prior to marriage and those that were acquired during marriage. Discuss how these will be divided. Consider timing. Are you or your spouse eligible for a raise or bonus in the near future. Is now a good time or would a short wait be more or less advantageous to you? It’s important to think in advance about the optimal timing.

What are the tax consequences?

Evaluate how taxes will likely play into the mix. Will keeping or selling property have tax consequences? How do the retirement accounts play in? How will claiming the children on taxes factor in?

How adversarial is my spouse likely to be?

Planning ahead includes thinking through your spouse’s reaction to divorce and preparing to manage his or her reaction. If you can find a fair middle ground with your and your spouse, you will both save on legal fees that come with an adversarial posture.

What would be the consequences of losing at trial?

Be sure to understand all the consequences of a plea and all the consequences of losing at trial so that you can make an informed choice. Get the whole picture of counseling, probation, and fines.

The choice of whether to call it quits on the marriage or keep trying to work things out is a difficult one with many unknown consequences. If you can get an idea of what you would be entitled to and how you will be impacted overall, you can make a better decision about the right way and time to end the marriage.

Filed Under: Divorce Lawyer, Legal Advice

Guilty Plea or Go to Trial?

If you’ve been charged with a DUI, you will eventually have to make the important decision of whether to accept the “known evil” of a plea deal, or risk the unknown of a trial? This article will walk you through the questions you need to ask your attorney as you contemplate this important step:

You can fight the charge even if you feel guilty.

You do not have to make a decision the first time that you are asked what plea you will be entering. Even if you think you are, in fact, guilty, you have a right to enter a not guilty plea and to prepare a defense. You can take your case all the way to trial, even if you feel guilty. The police officer may have violated your rights during the stop. The tests may have been administered improperly or registered incorrectly. Don’t assume just because you feel a certain way that you can’t mount a powerful defense.

How likely is success?

You need to discuss your odds with your attorney. Nobody has a crystal ball to tell you what will happen, but they can tell you what has happened in other cases with similar fact patterns. What is your attorney’s experience with this police officer? Does he come to court prepared? What about the judge?

What will the plea bargain do for you?

What deal is being presented? Is there any real advantage to entering a plea? If you are likely to receive the same sentence if you do not enter a plea, then that is something to consider in your choices. Is cost of defense a factor? You are in the driver’s seat of your case, so be assertive in making a decision that is right for you.

Who are the key players?

What kind of prosecutor do you have? Is he or she likely to prepare a case, or will the prospect of trial be such an annoyance that a better plea will be offered on the day of trial? How reliable are the witnesses? How effective is your counsel? The facts are important, but the skill and preparation of the players.

What would be the consequences of losing at trial?

Be sure to understand all the consequences of a plea and all the consequences of losing at trial so that you can make an informed choice. Get the whole picture of counseling, probation, and fines.

The choice of whether to fight or bargain is a tough one. Consulting with an experienced criminal defense firm is vital for making an informed decision.

Filed Under: General Legal Advice, Legal Advice