All posts tagged defense lawyer

Lights in the Rear View: How to Manage a Traffic Violation with Grace

by Anica Oaks on 2015/10/13 in Auto Accident with Comments Off on Lights in the Rear View: How to Manage a Traffic Violation with Grace

You want to feel safe and comfortable in every decision you make, but everyone makes mistakes. Your most recent mistake has led to a traffic violation, and now you feel confused and lost. You never intended to do anything wrong, and the consequences looming in front of you seem unduly strict.

So what can you do to mitigate the consequences without stirring up further trouble?

Below, you’ll find a few strategies you can use to handle your traffic violation gracefully and effectively. Use this information to give yourself the best chance at reducing or even eliminating your legal burden.

1. Analyze the Codes and Laws that Deal with Your Violation

Before you do anything else, research the laws surrounding the traffic violation on your ticket. You need to know what consequences you face. You also need to know if the officer pulled you over for a legitimate reason. The officer may not have followed correct procedure, or he or she may have pulled you over for an action that didn’t quite merit a violation.

2. Hire a Defense Lawyer

Even if you don’t see anything that the officer did wrong, you can still contest the ticket and get a reduced or even dropped sentence. But to accomplish that goal, you will need legal assistance from a professional who knows more about the process than you do.

Hire a defense lawyer to look at the evidence and violation with a more practiced eye. He or she may find flaws that you couldn’t see on your own. Even if you were charged with a more severe infraction like driving-under-the-influence, DUI attorneys at Suhre & Associates and other specialty firms can give you sound legal advice.

3. Record All Details from the Circumstances Surrounding the Violation

Do you have pictures and written testimonies from the incident that led to your ticket? The police likely do, but you’ll do better in court if you have your own records of what happened. So, before you leave the incident scene, take pictures, talk to bystanders, and write down your version of what happened. You’ll need this information later when you build your defense.

But if you don’t have that information, a personal written testimony can still point your lawyer toward the best possible defense.

4. Find out What Devices the Responding Officer Used

Some devices, like certain breathalyzers, could have flaws that undermine the ticket you received. If you know what devices the responding officer used, your lawyer will investigate those devices to see if an error could have occurred. If an error could have led to the officer pulling you over, you may get out of the ticket. Your lawyer can tell you more.

5. Decide If You Should Contest the Violation or Pay Fines

Sometimes it is more graceful—not to mention easier—to pay the fines rather than fight your ticket. For example, if the officer didn’t make any mistakes and the ticket came from a legitimate violation, you might not profit from contesting. You might waste time and resources when you could have just paid the fines.

But before you decide to contest or pay fines, meet with your legal counsel. He or she will advise you on the right decision so you know what steps will take you towards the best outcome.

Wrongly Charged with a DWI? 4 Keys to Setting the Record Straight

by Anica Oaks on 2015/02/23 in On the Road with Comments Off on Wrongly Charged with a DWI? 4 Keys to Setting the Record Straight

The criminal justice system is far from perfect, and every year, innocent people find themselves defending against criminal charges for alleged acts that never occurred. People who are wrongfully charged with a DWI should take action quickly in order to adequately defend against the accusations. After a case is dismissed, there are further steps those who have been wrongfully arrested and accused of a DWI may take in order to be vindicated, as well as to remove any notation of the arrest from their permanent criminal record.

Challenging Probable Cause

According to the protections afforded by the federal and Texas state constitutions, officers must have probable cause to believe a person has committed an offense prior to arresting them. For DWIs, probable cause can be obtained through roadside sobriety testing, preliminary breath tests, bad driving, a smell of alcohol and bloodshot eyes. By filing a probable cause motion, it is possible to challenge the arrest and get the case dismissed if probable cause is lacking.

Independent Testing and Review

In some cases, a blood sample is taken and sent to a laboratory. Blood analysis is dependent on the analyst’s ability to interpret the data. If a blood alcohol concentration is obtained that indicates a driver had a blood alcohol concentration above .08%, the driver should request retesting by an independent lab.

Breathalyzer machine operators may have conducted breathalyzer testing in an inappropriate manner, rendering the results obtained unreliable. A careful review of breathalyzer results, calibration logs and the expiration date of the solution used can prove fruitful. If you would like to pursue this option, contact a DWI defense attorney.

Filing a False Arrest Lawsuit

In the event that an officer charged a person with DWI when he or she lacked probable cause to do so, the person may consider filing a false arrest lawsuit against the errant officer. According to FindLaw.com, such a lawsuit is possible through Section 1983 of the Civil Rights Act as a civil rights violation.

Expunction

After a case has been dismissed or a person has been found not guilty, they are eligible for expunction of the offense and arrest from their record. Expunction will remove any notation of the arrest or the charge, effectively clearing the person from future harm.

It can be terrifying to be accused of a DWI when a person knows they are innocent. By being proactive and actively defending against the charges from the start, people may be able to protect both themselves and receive vindication for the wrongs they have experienced.