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5 Tips to Help Avoid a DUI Conviction

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  • Prudenter
    Are you an Attorney? If not - be careful of vicarious liability with your free advice Michael K Balcom Ret. Chief of Police EPD # 381 Prudenter Investigations
    Message 1 of 4 , Jan 4, 2007
      Are you an Attorney? If not - be careful of vicarious liability with your free advice
      Michael K Balcom
      Ret. Chief of Police EPD # 381
      Prudenter Investigations MAPI 902


      [Non-text portions of this message have been removed]
    • Paul Curtis
      If you really want to avoid a DUI conviction, how about just not drinking and driving? PC Email: HYPERLINK mailto:pncurtis@ca.rr.com pncurtis@ca.rr.com From:
      Message 2 of 4 , Jan 4, 2007
        If you really want to avoid a DUI conviction, how about just not drinking
        and driving?



        PC

        Email: HYPERLINK "mailto:pncurtis@..."pncurtis@...



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        Subject: [infoguys-list] 5 Tips to Help Avoid a DUI Conviction



        If you are ever arrested for drunk driving (also called DUI for �driving
        under the influence� or DWI for �driving while intoxicated�), your
        experience will begin with an officer stopping you because of some
        questionable driving pattern, or possibly because you encountered a DUI
        �sobriety checkpoint� or you were involved in an accident.
        The officer will approach your car and ask some questions. You will then be
        asked to perform �field sobriety tests�. He may also ask you to breath into
        a handheld device, technically called a PBT or �preliminary breath test�.
        You will then be arrested. On the way to the police station, you will be
        asked to submit to a breath or blood test � and told that if you don�t, your
        driver�s license will be suspended.
        What should you do and say during all of this to minimize the risk of a
        criminal conviction and a license suspension?
        1. Politely decline to answer any questions without an attorney present. It
        is a cardinal rule in legal circles that only incriminating statements are
        included in police reports and later testified to in court; statements
        pointing to innocence are invariably ignored, forgotten or misinterpreted.
        Bluntly put, whatever you say will almost never help you and can only hurt
        you.
        2. Decline to take any so-called field sobriety tests. These are
        theoretically intended to determine impairment, but in fact are designed for
        failure. In most cases, the officer has already made the decision to arrest
        and is simply going through the motions and gathering further evidence to
        bolster his case (he is the one who decides whether you �pass� or �fail�).
        In almost all states, you are not required to submit to this �testing�. It�s
        unlikely that taking it will change the officer�s decision to arrest.
        3. Decline to take a �PBT� (preliminary breath test). These handheld units
        are carried by officers in the field to help decide whether to arrest or not
        and are notoriously inaccurate. In most states, drivers are not required to
        submit to these tests (in some they are required if you are under 21).
        Although most states admit the results of these tests into evidence only to
        show the presence of alcohol, some permit them to prove the actual
        blood-alcohol level.
        4. Do you choose blood, breath � or refuse to take any chemical test? This
        is a case-by-case decision, and involves a number of considerations. First,
        although blood tests are subject to many possible errors, they are generally
        more accurate than so-called �breathalyzers�; if you feel your blood-alcohol
        level is below .08%, then you might want to choose the blood test. Secondly,
        whether to submit to testing at all requires some knowledge of your state�s
        laws � specifically, the consequences of refusing. If the increased criminal
        penalty and license suspension do not outweigh the possible benefit of
        depriving the prosecution of blood-alcohol evidence, then you may wish to
        refuse. Bear in mind that the prosecution will charge you with two offenses,
        DUI and driving with over .08% blood-alcohol; without a blood or breath
        test, he cannot prove the .08% charge, and there will be no chemical
        evidence to corroborate the officer�s testimony. You should also realize
        that in many
        states chemical evidence of a very high blood-alcohol level, say over .15%,
        can trigger more severe penalties.
        5. In almost all states, your driver�s license will be immediately suspended
        if either (1) the chemical tests results are .08% or higher, or (2) you
        refuse to submit to testing. You have a right to a hearing to contest this
        administrative suspension, and there are many possible defenses, many of
        them technical in nature. This hearing is usually separate from the criminal
        proceedings, and involve different procedures and issues than in court; it
        is not uncommon to lose the criminal case but win the suspension hearing.
        However, as most motor vehicle departments do not really want the time and
        expense of providing these hearings, they tend to provide notice of the
        right buried in fine print given to arrestees. The critical information is
        the requirement that an actual demand for the hearing must be made by the
        arrestee � usually within ten calendar days. If you do not contact the DMV
        within ten days, you lose all rights to a hearing � no matter how good a
        defense you may
        have. Tip 5: Get an attorney right away, or make the call yourself � and
        make sure you can later prove you made the call within the ten day window!


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      • sherlockhomz@aol.com
        That s great just what we need more drunks on the road, thanks for that public service announcement. [Non-text portions of this message have been removed]
        Message 3 of 4 , Jan 6, 2007
          That's great just what we need more drunks on the road, thanks for that
          public service announcement.




          [Non-text portions of this message have been removed]
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