DUI Atlanta Lawyer

andy taylor asked:


Driving while either intoxicated or drunk is dangerous and drivers with high blood alcohol content (BAC) are at increased risk of car accidents, highway injuries and vehicular deaths. Prevention measures evaluated include license suspension or revocation, impounding or confiscating vehicle plates, enforcing open container bans, increasing penalties such as fines or jail for drunk driving, mandating education for young people, and lowering legal BACs. Also discussed are safety seat belts, air bags, designated drivers, and effective practical ways to stay sober.Volunteer to be a designated driver. Never condone or approve of excessive alcohol consumption. Intoxicated behavior is potentially dangerous and never amusing. Don’t ever let your friends drive drunk. Take their keys, have them stay the night, have them ride home with someone else, call a cab, or do whatever else is necessary - but don’t let them drive! There are about 25,000 deaths a year, be careful with your friends and family in the car.

It is an unfortunate occurrence, however, in some cases, DUI rights are overlooked when you are arrested and charged for driving under the influence. Overlooking a person’s DUI rights is far too common and we are at a place in society where DUI rights are considered to be generally non-existent.

Regardless of why you are arrested or what you are charged with, you are innocent until proven guilty and your DUI rights should be continued, exercised and protected.

The most basic of your DUI rights is the right to representation (a lawyer or attorney). In many cases, the police will not acknowledge your right to representation, the protection of unlawful search and seizure, and more. The DUI rights have changed considerably, mostly due to public pressure, but they still exist. It is really important that if you are charged with a DUI that you insist on exercising your DUI rights. This will help increase your chance for a fair trial as well as prevent potentially embarrassing and catastrophic social and economic consequences.

If you are charged with driving under the influence, the best thing you can do is let the police know that you know what your DUI rights are.

You can refuse a handheld breathalyzer test and a field sobriety test. Your DUI rights also allow you to refuse to answer any questions including answering how many drinks you consumed.

However, DUI rights do not allow you to refuse your identity and they do not allow you to decline field testing at the jailhouse. When you are booked, ensure that you exercise your DUI rights and make a phone call to a friend, loved one who can find you a lawyer, or to the attorney themselves.

There are plenty of attorneys who specialize in DUI laws that are the best suited to represent you if you are charged with a DUI. Driving under the influence is a serious offense and can lead to many charges being laid against you, other than just DUI in some cases. A specialist lawyer in DUI law is the best person capable of representing you and ensuring that you get a fair trial.

Driving under the influence charges can be expensive and the consequences can be long lasting. Not only do you face criminal charges, you will also be fined, have to pay an attorney and maybe even lose your license. There are also long-term consequences to be charged with driving under the influence, and that can include severely raised insurance premiums or no insurance at all. While having an attorney is an additional expense, it is one you can ill-afford not to have – it could save you a great deal of time, money and heartache.

Your DUI rights are important – they are designed to prevent you from being charged falsely. In order to properly discuss your DUI rights, you should contact an attorney who specializes in DUI laws to help you.

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GotTrouble.com asked:


Most drunk driving cases start out with a contact between the driver of a motor vehicle and a police officer. While the police have the right to approach and speak with any citizen, they do not have the right to detain and investigate a citizen unless they have "probable cause".

Probable cause is the legal reason an officer needs to detain and investigate. If the dui attorney can show to the judge the officer did not have probable cause, the case can be dismissed.

Most detentions begin with the officer pulling over a driver who has committed a vehicle code infraction. The common reasons alleged by the police are based on poor driving - speeding, weaving within or outside the lane, running of a stop sign or red light. However, faulty equipment (head light, tail light, muffler) or expired registration will provide the necessary reason to pull a driver over. A driver involved in an accident or in a car blocking the roadway may also give the officer the right to detain and investigate.

It is therefore important to discuss with the dui attorney the manner of driving. If the driver was acting legally, or if the officer did not see the driver actually operate the vehicle, the case may be dismissed. Not only does the officer need probable cause to detain and investigate, there must also be a legal reason to arrest. The officer will make his decision to arrest based on two or three factors: his observations, the field sobriety test, and in some jurisdictions, a breath test conducted in the field.

For this and more information on criminal law and drunk driving go to:
www.gottrouble.com/legal/criminal/drunk_driving/index.html

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lala asked:


Does anyone know of one by experience? Thanks

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glu125 asked:


my wife recently got a dui. she missed her first court date. the second court date, the judge instructed her to get lawyer and show up two weeks later which is in a couple days. she is a raging alcoholic, and i am concerned about her withdrawls if she is taken to jail.

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itsmesteph11 asked:


Even If you have a lawyer trying to get you off or have your sentence lessend how much time can you expect for a second offense DUI in Harris County TX taking into account any crowding or good behavior etc.

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]-[ustler asked:


I am researching what people think legal representation on a garden variety driving under the influence (DUI) case may cost. If you have hired a lawyer for one in the past how much did you pay.

Please keep responses specific to attorney fees Thank You

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Richard G. Salzman asked:


DID YOU KNOW YOU MAY BE VOLUNTARILY GIVING

DAMAGING EVIDENCE TO POLICE OFFICERS ?

The police officer in the car behind you has indicated that you should pull over to the side of the road. You do so. The officer asks you a series of questions. Wanting to be polite, you answer each and every one of them. In response, the officer states you are now being investigated for drunk driving. Surprise! It may have been something you said, and not the way you were driving that has now given the officer all the legal grounds necessary to suspect that you have been driving under the influence (DUI).

Wanting to appear cooperative and unworried, you agree to the police officer’s next request -that you exit the car and demonstrate sobriety by performing some physical tests. Surprise again! You have now voluntarily provided additional damaging evidence for the police officer to learn about you and to pass along to the prosecuting attorney to use against you.

YOU DON’T HAVE TO ANSWER A POLICE OFFICER’S QUESTIONS OR TAKE DUI (“ROADSIDES”) ROADSIDE SOBRIETY TESTS

Most people don’t know they don’t have to answer a police officer’s questions or agree to take DUI physical performance tests. The things people say and do around police officers enables prosecutors to enhance the strength of their cases. We all have constitutional rights and if we give them up in an attempt to appear friendly or agreeable, we do so at our own peril. Drivers can protect their legal rights by knowing what they can refuse to do and what they are obligated to comply with. The moment a police officer signals a car to pull over, he or she begins making observations about everything the driver says and does. A driver’s first words or actions can become detrimental evidence in the hands of a prosecutor. Motorists can reduce their risk of getting into trouble for DUI by knowing the following information:

IT IS NOT ILLEGAL TO DRINK AND DRIVE

Contrary to popular belief, it is NOT illegal to drink and drive! If drinking, do so in moderation and only while eating or immediately afterward. Full meals afford more protection than snacks. Avoid taking the types of over-the-counter and prescription medications that interact with alcohol or can induce impairment. Don’t drive after taking a prescription medication for the first time. Be aware that prescription medications can cause unlawful impairment. Motorists can be prosecuted for being under the influence of lawfully prescribed medications, even if not using any alcohol or illegal drugs.

WHAT TO DO IF THE POLICE STOP YOUR CAR

Don’t exit the car unless ordered to do so. Unnecessary standing and walking gives the officer more opportunities to observe and critically analyze your appearance. It could also jeopardize your safety, as officers become alarmed when persons make unanticipated movements.

You may decline to answer questions concerning what and when you had been eating and drinking and where you are coming from. This information can be of assistance to the prosecutor. You may lawfully decline to perform roadside physical tests (walk the line, touch the finger to the nose, balance with one legged raised, etc.). If you believe you will perform well when taking physical tests, you may agree to do so only if being videotaped either by a dashboard mounted video camera or once arriving at a police station equipped with DUI video equipment. However, law enforcement agencies are not obligated to provide or make use of videotaping equipment.

If your case proceeds to trial and you have declined to perform physical tests, some judges will not permit jurors to be told that you were offered and declined to take physical tests. Other judges will advise jurors that you exercised your lawful right to decline taking these tests.

Even if you feel confident that you can perform well on physical tests, be mindful that the stress of being under close watch of law enforcement can impair test taking skills. Also, law enforcement officers will assess your test taking performance very critically.

WHAT TO DO AT THE POLICE STATION

You may refuse to perform physical tests, as was previously described. Florida requires you to submit to breath, blood and urine tests upon demand. Refusing to do so will lead to a prolonged drivers license suspension.

INFORMATION YOU SHOULD TELL THE OFFICER

Inform the arresting officer if you suffer from diseases, handicaps, diabetes, asthma, a limp, painful bruises, lingering injuries or other conditions. Injuries and illnesses can make people appear impaired when they had not been drinking to excess or even if they had not been drinking or had not been using illegal drugs or lawful medications.

IT’S NO SECRET… SHOW RESPECT AT ALL TIMES

Treat all police officers and other law enforcement personnel politely and respectfully. When prosecutors consider making plea bargains and when judges make sentencing decisions, they will consider your arrest-related conduct.

HOW POLICE MISTAKES CAN WORK IN YOUR FAVOR

A challenge to the automatic drivers license suspension arising out of a DUI arrest must be filed within 10 days of an arrest or notice of suspension. Consult an attorney immediately. Police mistakes can lead to: 1) the exclusion of evidence; 2) reduced charges; or, 3) case dismissals. Health conditions (diagnosed and undiagnosed) and medications can sometimes cause police officers and alcohol test technicians to mistakenly believe you were drinking to excess. Police-administered alcohol tests can yield wrong results. Breath test machines are not always properly maintained and machine operators sometimes violate rules designed to prevent inflated readings. Improperly drawn blood can become contaminated before it is tested. When urine is stored improperly, chemical analysis test finding can be in error.

Although DUI cases should be taken very seriously, DUI cases are not always hopeless. There are several ways to beat a DUI case, or at least keep the adverse consequences to a minimum.

Richard G. Salzman, Esq. is an experienced Broward County attorney; licensed to practice in New York and New Jersey since 1986, and Florida since 1988.

Law Offices of Richard G. Salzman, P.A.

4340 Sheridan Street, Suite 102

Hollywood, Florida 33021

954-981-0336

Richard@salzmanattorney.com

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Duece asked:


I need some help with getting more information about PA’s ARD program. I got pulled over for a DUI about a month ago and have a court date in April. I am going to apply for the ARD program but needed a little more information about it. How long the process is what kind of fine am I looking at and so forth. I am not going to use a lawyer so any help would be appreciated on how I can handle this.

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baby angel! asked:


Didn’t do the breath test.
Forgot to mention that he does suffer from PTSD. And did have medication on him.

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john e asked:


i got a lawyer for a dui case. i lost my license for a year for refusing a chemical test. i have to go to court soon and stand before a judge with my lawyer at my side.

facts:

-my bac was .10 but i was not involved in an accident and no property was damaged.

-i didnt resisit arrest and havent driven while my license is suspsended.

-this is my first dui.

with these facts is this a straight forward dui case to where my lawyer can negotiate dui classes, community service and fines paid to get a restricted license? would that be the norm?

thanks!

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