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Posts Tagged ‘drunk driving’

Strategies To Combat Traffic Tickets In Court

Sunday, May 9th, 2010

You may think that getting pulled over by a police office for a traffic violation is stressful, but if you have ever been on the receiving end of traffic tickets you know that the stress does not stop there. Once you have received a violation you have the option of paying the fee and having the ticket stick to your driving record, at least for your provinces required period of time. A traffic violation will also increase your insurance premium rates. Your second option is to dispute your violation in a court of law.

Several provinces will allow you to challenge an officer’s subjectivity. Challenge the officer’s view of how he/she perceived your actions. Getting pulled over for making an ‘unsafe’ left turn can be easily challenged. Describe how the officer was at a vantage point where he/she could not make this call. Describe how you were acting accordingly and safely.

In order to avoid the scenario of your word against the officer’s word, bring factual evidence with you. Typically, when it is your story against the story of a law officer the judge will often side with the officer. This means you can not depend solely on your words as a means of defense. In order to raise doubt in the mind of the judge, you have to bring convincing evidence of your account of what happened.

If possible bring eyewitness accounts of the incident. People who seen the alleged incident such as passengers or bystanders can work as eyewitnesses. Visual aids, such as a simple diagram showing your vehicle and the police vehicle can be helpful aids. These diagrams can explain how the officer was not in a position to make a clear call from his vantage point.

Photographs are another example of visual aids. Bring photos of hidden or damaged road signs. This can help illustrate how you did not see the sign. You can also use this as another means of detailing the officer’s weak vantage point. For instance, snap a few pictures from where the police car was standing, and where your own vehicle was. This may raise questions about just how clear of a judgment the police officer made.

Proving there were circumstances beyond your control may help in your favour. For instance, if you unknowingly passed a pedestrian walk because the strips were not visible (because they were faded), how could you have stopped? You could not stop because you didn’t know you had to stop in the first place. This makes the violation, although committed, an honest mistake.

In some cases trying to prove that your actions were legally justified may help in your favour. You may have been driving slowly in the left lane in order to prepare for a legal left turn. Although you may have actually been driving slowly, you were preparing to make a safe turn.

Sometimes it may feel like beating the system is impossible. It may also be easier to just pay the fines associated with traffic tickets and move on. On the other hand, traffic violations can be very costly and not only in the immediate sense. You will have to face increased insurance rates as a result of this violation as well.

In need of professional and affordable representation for traffic tickets Durham? As Ontario’s leading legal services provider, they are committed to providing effective legal services that you can afford.


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How to Beat a Drunk Driving Charge in Colorado

Tuesday, March 9th, 2010

If you have been issued a ticket for Driving under the influence (DUI) or Driving While Ability Impaired (DWAI), you need to educate yourself on the possible ways to beat a Colorado DUI charge in court. Every case is different, and depending on the facts of your case, there may be a way to beat your case entirely.

First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.

It is also possible to get the chemical test thrown out of court. Then the prosecutor is left with no test results to use against you and a big hole in his evidence. Breathalyzers have a strict set of operation rules, and the operator of the Breathalyzer may invalidate the test by not following the rules. In addition, the Breathalyzer must be properly maintained and operating correctly.

Chemical tests of your blood also must follow the proper procedures for the test to be legally valid. In every case, you will want to retest the blood sample. In some cases, the retest result comes back under the legal limit or varies so much from the original test that the first test is deemed invalid.

Lack of jurisdiction is another way to beat your DUI case. Jurisdiction means the geographic area a police officer is allowed to patrol and conduct police activities. You should always check to verify that the police officer who ticketed you had jurisdiction where you were contacted. If he lacked jurisdiction, you may be able to beat your DUI.

In many instances, there are certain hearings like the DMV or other court hearings, where police officers need to be physically present to provide testimony in your case. In many cases, no officer means no DUI. Yes, it may seem like a strange technicality, but this strategy may be the right one in your case.

Now, how do you exploit these strategies? Hire a good, local DUI attorney. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who practices exclusively in the geographical area where you got your ticket. A local attorney knows the judges, prosecutors, juries, and, most importantly, the little tricks specific to that city to get you the best result possible.

Do not hire someone who is making promises or guarantees, as tempting as it may be. That person is just trying to get your money by telling you what you want to hear when he or she has no way of knowing what will happen to your case without first looking at all the police reports, scouring the chemical test reports, negotiating with the prosecutor, etc.

Last, but not least, make sure you have an attorney, even if you have to get the public defender. Do not try to represent yourself, or you will have a fool for a client.

Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for you rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.


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Choosing A DWI Lawyer In San Antonio

Saturday, January 23rd, 2010

When charged with a DWI, there are some important things you need to know about your options. First, if you’re considering defending yourself, forget about it. Facing a DWI charge is not the time to be thinking about doing it yourself. Talk to a legal professional who has experience representing individuals in DWI cases.

Hiring a DWI lawyer is the first important step following an arrest for a DWI. But how do you know you are getting the right lawyer for your circumstances? The bottom line is that you need to learn about the lawyer’s experience in handling DWI cases. The only way to find this out is to ask questions. Don’t be afraid to ask your lawyer tough questions. It’s your personal freedom that may be at stake.

If you are in the process of hiring a DWI lawyer, make sure you ask them about their experience in handling DWI cases like yours. This is really the best way to maximize your chances of obtaining a favorable outcome in your situation. While a DWI lawyer can’t guarantee any particular outcome, experience is often times the difference in how optimal the outcome is.

DWI attorneys who have a long experience in representing individuals charged with DWI crimes usually have a particular skill set that enables them to optimize your chances of obtaining a favorable result. Obviously, no attorney can guarantee any particular result. In fact, if your lawyer does guarantee a specific result if you hire them, they are likely violating their ethical obligations.

DWI litigation can be very complex. You want a DWI attorney that’s going to make the prosecution prove their case. They will have the knowledge, skill, and experience to challenge the evidence and raise all likely and legitimate defenses. Usually, the additional costs associated with hiring a lawyer who practices DWI defense will outweigh the risks of hiring a less experienced attorney or handling the matter on your own.

After you’re arrested for DWI, your best bet is to discuss your circumstances with a DWI legal professional. Learning what action you should take, will set your mind at ease and provide you with the best opportunity to obtain the best outcome possible.

DWI Law Firm San Antonio has experience handling all types of criminal defense matters. Specifically, DWI Law Firm San Antonio works on all levels of criminal defense from DUI defense to capital murder.


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