Category: Criminal Defense Law

If I’m Arrested For DWI What Are My Rights?

What Are My Rights If I Am Arrested For A DWI?

Part 3

Here are your rights under the law: You are not legally required to participate in the Field Sobriety Tests mentioned above. If you think that any or all of these tests can be used to provide incriminating evidence against you, you are within your rights, if you refuse to participate. doramectin vs ivermectin Before any relevant investigation or tests are carried out you can ask that your attorney be present.

Driving While Intoxicated Blood And Breath Tests: Your Rights

Normally, your arrest marks the last stage of the DWI investigation. You will be requested to give a blood or breath sample during this stage. Proper procedure dictates that the officer hands over to you and reads out, as you follow along, a copy of form DIC-24 or Statutory Warning. On top of asking you to provide a sample voluntarily, the form also explains the consequences of refusing to hand over a breath or blood sample:

  • • Longer license suspension period as compared to if you had agreed to the tests,
  • • In future prosecution processes, your dissent could be referenced.

Here’s A Description Of Your Legal Rights:

To ensure that you comprehend the right to turn down breath and blood tests, and the possible consequences of this decision, you have the right to look at and have the form read out to you. Any tests conducted in the course of the investigation may be contested if the officer failed to give you the form to look at and read it with you.

A legal search warrant, executed by a judge may be used to compel you to give a blood sample if you decline to take the breath or bold test. You have to take the test once the warrant is issued. A reliable attorney specializing in the field of DWI cases should check whether, before getting a legally valid blood test, the officer followed due process.

The legal guidelines followed in the execution of a blood or breath test are waived once you voluntarily agree to take the tests. Bear in mind that the law gives you the right to avoid self-incrimination. ivermectina ml You are simply reiterating the fact that you don’t want to assist the prosecution when you refuse to take part in the blood and breath tests voluntarily.

Law enforcers are bound to abide by all the rights of citizens under our law. The only purpose of breath and blood tests carried out by law enforcers is to collect proof against your claims. More importantly, the risk of getting erroneous test results is high given the fact that their testing methods are inaccurate in most cases.

For instance, the accuracy of blood tests may be affected by flawed blood draw and testing processes associated to mistakes made by operators and/or contamination, while samples taken during breath tests cannot be retested as they are not preserved after collection. Participating in tests that are likely to produce inaccurate results is definitely not a wise decision. ivermectine oiseaux prix

The Official DWI Arrest: Your Rights

Your Miranda rights must be read out to you by the arresting officer once you are officially arrested for DWI.

The officer will then proceed to ask you whether you are willing to continue discussing the charges leveled against you, bearing in mind the rights they just read out to you.

Your answer to this should be an emphatic no! After which you should ask to speak to a lawyer.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here to go to the first article in this series.

If I’m Arrested For DWI What Are My Rights?

What Are My Rights If I Am Arrested For A DWI?

Part 2

As you are talking to the officer, they are going to observe your body language, your voice, your answers, and whether or not you are slurring any words. Of course, they are also going to be looking for the scent of alcohol on your breath. There are three things you always want to remember whenever you are talking with a police officer. The officer is not required to read you your rights at the juncture. The conversation has been recorded by either the officer’s body camera or one that is equipped in the police cruiser. However, the most important thing to remember is you always have the right to remain silent. It is best to remain calm and polite and simply state that you would prefer to answer any questions with your attorney present. لعبه المتاهه While this may not keep you from being arrested, it will help you from incriminating yourself.

DWI and Your Rights During the Field Sobriety Tests

After being stopped, if the officer believes it is a possible DWI, they will ask you to step out of your car.

As the camera records your actions, you will be asked to do a series of tasks known as Field Sobriety Tests which seek out:

  • Any possible swaying or swaggering
  • Possible delayed reactions and movements

While you are in the charge of an officer you must comply with any reasonable demands such as stepping out of your vehicle, however, you are under no obligation to incriminate yourself. In addition, it is not required that you perform an on-scene breath test or other field sobriety tests.

Typically, the most commonly requested field sobriety tests include:

  • The HGN or Horizontal Gaze Nystagmus which involves the individual standing with feet together, hands at your side and head still. Then you are asked to follow an object that is held in his hand such as a pen.
  • In this instance, the officer is looking for an involuntary eye-jerking motion known as Nystagmus. Enhanced Nystagmus typically indicates that an individuals blood alcohol level is above .08 A variety of diseases such as brain tumors, multiple sclerosis, diabetic neuropathy, and other neurological issues may cause instances of Nystagmus.
  • It is important to understand that this is not a test that needs doing.

Another test often asked of individuals is the one leg stand, in which you are requested to stand with your feet together and one foot six inches off the ground as you count. In this test, the officer is in search of four types of clues. العاب للكبار فقط للرجال والنساء

  • Holding arms out for balance
  • Swaying from side to side while balancing
  • Hopping while on one foot
  • Placing your foot down while being tested

Many of these signs can be a simple matter of lack of coordination or it just may be a difficult task for an individual due to an injury.

This is another test that you do not have to do.

The walk and turn test requests individuals to stand heel to toe with both arms at your side while you walk 9 heel-to-toe steps ahead. You are then asked to turn around and do several smaller steps and then 9 heel-to-toe steps back.

There are 8 obvious clues that the officer is searching for in this test. اوراق الاونو

  • Unable to hold the balance
  • Starting the test too soon
  • Stops walking during the test
  • Stepping off the line
  • Taking the wrong number of steps
  • Unable to walk heel to toe
  • Using arms for balance
  • Turning improperly

While some of these could be the indication of intoxication, it may also be the sign of a flawed test. Many people find this to be a truly difficult test to pass as it is designed to throw you off balance. Many people fail this test due to lack of proper directions or the inability to hear what the officer requested.

Again, always remember that this is not a test that you have to do!

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here to go to the next article in this series.

If I’m Arrested For DWI What Are My Rights?

What Are My Rights If I Am Arrested For A DWI? gaminator kalandtúra

Part 1

You do have rights if you are ever arrested for a DWI. However, this doesn’t mean that you can resist arrest or, in certain cases, refuse a blood or breath test. Instead, it means you do not have to comply willingly with all of the “requests” that an officer makes.

DWI and What Your Rights Are During a Traffic Stop

A majority of investigations of Driving While Intoxicated (DWI) get started when a police officer sees a person driving that he thinks has committed a traffic violation and then gets a traffic stop initiated. After the officer turns his sirens and emergency lights on, you cannot legally just drive away. That will just make matters a lot worse since that is considered to be “evading arrest in a vehicle” and that is a felony offense.

We have simple advice for you: Do not drive away! Turn on your right blinker and move over to the right side of the road. Park out of the traffic flow. The best place for you to stop is a parking lot.

The mandatory stop is either considered to be an arrest or temporary detention. Both of the invoke your Constitutional rights under the 4th Amendment. It states:

The rights of the people are to be secure in their effects, papers, houses, and persons, against unreasonable seizures and searches, and shall not be violated, and there shall be no warrants issued, but on probable cause, which is supported by an oath of affirmation, and especially describing the place that is to be searched, and the things or persons to be seized.

For a police officer to be able to stop you legally, he will be required to articulate the facts (probably cause) to show that you committed a traffic violation. In a majority of DWI cases, an officer might cite a violation of a traffic law, like:

Speeding

Failing to stop at the designated stop sign, or
Failing to maintain a single lane.

After you are pulled over, remember that when you are at the side of the road isn’t the place or time to question the officer or start with legal arguments. Be polite at all times and keep in mind that the best action that you can take is, to say the least as possible. We advise you to wait and let your DWI lawyer examine the evidence that supports or refuse the validity of your initial traffic stop. tippmix sportfogadás There are four opportunities that you will have for exercising your right to challenge the stop legally:

Administrative License Revocation (ALR) hearing:

At your initial court appearance, the Judge will need to evaluate probable cause.Later during the motion to suppress hearing (This is a where the Judge is asked by the defense to exclude certain evidence from their trial).Or, at trial, if necessary.

Your Rights: You have the legal right to NOT be stopped without any legal justification. If an officer does not have any probable cause, then during the initial contact he has then violated your 4th Amendment rights and the State will not have much for building a valid DWI case because all of the evidence that has been gathered after that point is now inadmissible.

Your Rights and DWI During Personal Contact

After the traffic stop has been initiated by the office, whether or not it is valid, he will be making contact with you. He will be asking you for your registration and driver license and might try to make “small talk” with you. “Small talk” is actually a tactic to attempt to collect evidence against you. The officer will then solicit as much information as possible from you – especially if he suspects you of DWI.

He will ask you questions like:

Do you know where you are currently?
What is that alcohol smell?
Did you come from a bar?
Have you drunk any alcohol today?
Where are you headed to?
Where are you coming from?

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here to go to the next article in this series.

What Even Is A DWI Defense Counsel?

The Defense Lawyer: Understanding What A Defense Counsel’s True Role Is

Part 3

C. Understanding What The Defense Lawyer’s Real Role Is

I belong to numerous attorney list serves, and am dismayed by all of the attorneys who celebrate whenever a guilty individual is acquitted. Although it would be appropriate to celebrate acquittal based on insufficient evidence for establishing proof beyond a reasonable doubt or due to a motion for suppressing evidence that was granted due to a person’s rights being violated by the government, it would not be proper for celebrating a “not guilty” verdict on a person who is truly guilty for just this sake alone. All of us win, including both the guilty and innocent, whenever our justice system works as it is intended. All of us lose, including both the guilty and innocent, whenever a wrong decision is made by a judge. That is particularly true whenever it is based on cowardice for withstanding any potential adverse publicity that may follow when a guilty individual is set free. Furthermore, all of us lose, both the guilty and innocent, when a prosecution, for furthering a career and for political purposes, cheats to win to get good publicity in order to support their campaign. This said, it still would be proper celebrating a guilty individual’s wrongful acquittal when they already have been punished sufficiently and any additional punishment would be unjust overkill, or would not serve any purpose of society or the rehabilitation concept.

D. Courage To Keep Standing Tall And Not Back Down

We also all lose, whenever a defense attorney does not provide their client with 100% effort when it comes to protecting all of the rights of this citizen at each stage in the process. In ABA Standard 4-1.2 (b) speaks to the need of defense lawyers to have courage, and truthfully, any defense attorney that represents a client without having 100% courage for doing the right thing, cheats both the system as well as the client. That is particularly true when the individual is factually guilty.

It is not effective counsel if there is anything less than a total 100% commitment. However, the 100% must be aimed toward protecting rights but not the result necessarily. That 100% also would include protection against punishment that has netted out already and would not serve any purpose other than for a prosecutor for obtaining a conviction. It also would include protecting against punishments that are overly harsh.

E. Patriotism As A Form Of Constitutional Defense

To conclude, if the defense attorney understands her or his true role, then the attorney is a true patriot who is defending her or her country. The political philosopher Edmund Burke, who inspired a number of our founding fathers stated that all that tyranny needs for gaining a foothold is for individuals of good conscience to stay silent. In terms of this thought, due to what is riding on the defense counsel’s shoulders, the good attorney never should remain silent whenever she or he is on duty.

It is also a good idea to remember the wise words of warning from President James Madison, who is often referred to as the Bill of Rights’ Father when he said that if our nation is taken over ever, it will happen from within. To that end, the defense attorney will become part of this “from within” any time that she or remains silent whenever the government is violating or has violated a client’s rights. mectizan 3mg dosage for covid-19 If you are part of this “from within” you cannot be a true patriot lawyer! ivermectina de cumparat You also cannot be one if you only give 99% effort. To truly be as effective as was envisioned by the founders, the patriot attorney must give her or his all at all times.

As a defense attorney, a self-test is available for you to decide whether you happen to be a Patriot Constitutional Defender or not. Take note that the Declaration of Independence had 56 signers. ivermectin cotton mice lyme disease If these patriots were to return today searching for a 57th patriot to join with them, knowing the way that you defend clients, would they want you to join with them? If “yes” is the answer, then “thank you” because you are a true patriot! However, if your answer is “no”, then maybe you need to reconsider why you are a defense attorney, or maybe you should look for a different area of law for you to practice in.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here to go to the First article in this series.

What Even Is A DWI Defense Counsel?

The Defense Lawyer: Understanding What A Defense Counsel’s True Role Is

Part 2

Law enforcement officers are obligated to convict the guilty and to ensure the innocent are not convicted. They must be committed to ensuring the criminal trial is a procedure for ascertaining the true facts that surround a crime being committed. To this extent, our “adversary” system isn’t at all adversary; and it should not be. However, the defense counsel does not have any comparable obligation for presenting or ascertaining the truth. A different mission is assigned to him by our system.

Page 388 U. S. 257

He must want to prevent the innocent from being convicted but even without a voluntary guilty plea, we insist as well that he defend the client whether the person is guilty or innocent. The State is obligated to present evidence. Nothing needs to be presented by the defense counsel, even if does know the truth. He is not required to reveal his client’s confidences, provide the police with witnesses, or supply any other information that assists the prosecution’s case. If he is able to confuse a witness, including a truthful one, or make the person appear to be at a disadvantage, decisive or unsure, that is the normal course. البث المباشر لقناة بي اوت كيو

Page 388 U. S. 258

Our interest to not convict the innocent allows counsel to place the State at its proof, to put the case of the State in the worst light possible, no matter what he knows or thinks is the truth. There are limits, undoubtedly, which defense counsel need to observe, but, more frequently than not, the defense counsel cross-examines a prosecution witness, and if possible, impeach him, even if he believes the witness is being truthful, just as he will try to destroy a witness who he believes is lying. In that respect, this is part of the modified adversary system that we have and as part of the duty that is imposed on our most honorable defense counsel, we require conduct that, in many situations, has no or little, relation to searching for the truth.

A. It Is As Important To Consider Collateral Consequences As Statutory Punishments

Ideally, all of the previously mentioned participants should not hold out for either side to win, but instead for the justice system to win. In terms of the prosecutor, that would mean cases being dismissed in the interest of justice even in a case where the defendant was guilty. كريستيانو في اي فريق That also means a guilty party will not be over punished. That would include consideration of any collateral consequences by the prosecution that would result from the prosecution. In this case, it is the defense attorney’s job to ensure that the prosecutor is aware of those collateral consequences.

B. Reality Or Common Sense Cannot Be Replaced By Policy

Clearly, from the perspective of the prosecutor, when everyone is treated the same, it results in many people being treated unfairly in numerous cases. For example, a $10,000 fine being assessed on a blue-collar worker and a billionaire does not result in the same justice being achieved. It will not mean anything to the billionaire, and for the blue-collar worker, it may mean the difference between a parent being able to pay for their child’s college education or not. Another example is a DWI suspension of a person’s driver’s licenses for 6 months for a non-commercial driver who works as a computer programmer versus a commercial airline pilot who also would suffer from his pilot’s license being suspended even though the DWI does not relate to flying.

Unfortunately, the concept of treating everybody the same is misunderstood by most prosecutors who believe that getting a conviction is more important than achieving true justice. yyy online 5 Therefore, the role of the defense attorney is pointing out the injustice that comes with the policy of treating everyone the same, and to remember what Thomas Jefferson said about experience showing that even under the best types of government that those who are entrusted with power, by slow operations, and in time, pervert this into tyranny.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here to go to the next article in this series.

What Even Is A DWI Defense Counsel?

The Defense Lawyer: Understanding What A Defense Counsel’s True Role Is

Part 1

I. Introduction: Duty of Protecting Rights

Probably one of America’s most misunderstood jobs is the criminal defense lawyer. Just be blunt, the real role isn’t boosting a lawyer’s ego with winning a case, make lots of money, having professional stature within the community, or getting their defendant off. sportfogadás kosárlabda Instead of it involving a higher moral calling – where a courageous and righteous individual stands against all of the government forces as well as all of the negative public opinion and then does this in the names of fairness and justice, or for history’s sake.

The American Bar Association’s Criminal Justice Standards of the Defense Function, states at Standard 4-1.2 (a) that it is provided by the Duties and Functions of Defense Counsel, that defense counsel is something that is essential for administrating criminal justice.

Well, of course, the ABA believes that. Without defense counsel, indeed it is not possible to achieve justice, and that is because there can be no justice administered if is left up solely to the government. Just as our minute men were relied on by our Founding Fathers for their protection during the times of the Revolutionary War, now our citizens are relying on defense attorneys to protect them from their very own government. tippmix live The defense attorney exists to police the government! sportfogadás oldalak

II. The Misunderstood Job Of The Defense Lawyer

Most individuals, including prosecutors, judges, and even a lot of defense counsel, misunderstand the real role that the defense attorney plays within the criminal justice system. Most people mistakenly believe it is the job of the defense lawyer to get the defendant out of the charge. Although that may be a collateral consequence that comes with good representation, this is not the defense lawyer’s primary role. Instead, the primary goal of the defense lawyer is to ensure that all statutory, Federal and State Constitutional rights are protected. That duty is clearly not the only role of a defense attorney, but that of the judge and prosecutor as well.

III. The Primary Statutory Duty of the Prosecutor

Article 2.01 of the Texas Code of Criminal Procedure details what the prosecutor’s primary duty is, which is that the primary duty of prosecuting attorneys, which includes all special prosecutors, to see justice is done and not to convict.

IV. The Ethical Duty of the Defense Lawyer

The ABA Standard 4-1.2 (b), Duties and Functions of the Defense Counsel, states that the Defense counsel has the very difficult task of having to serve both as a court officer and as zealous and loyal advocate of clients. The primary duties that are owed to clients by the defense counsel are the administration of justice, and also as court officers, to serve as the advocate and counselor of the client with devotion and courage; to ensure that the legal and constitutional rights of the client are protected; and provide high-quality, effective representative with integrity.

V. The Constitutional Duty of the Defense Lawyer

Probably the most accurate and best description may be found in Justice White’s concurring opinion from the case of U.S. vs Wade, 388 U.S. 218, 256-258 (1967). He wrote in Wade:

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here to go to the next article in this series.

What Happens With The First Houston DWI?

What You Can Expect From Your First Houston DWI Offense

A person can be convicted of driving while intoxicated, also known as DWI, in Texas if operating an automotive vehicle in a public area when intoxicated.  Boating when intoxicated, also known as BWI, is also an illegal act in the state of Texas. طريقة لعب البلوت At Butler Law, we understand how to properly navigate these dangerous waters.

“Intoxicated” is a state when you are either:

  • lacking the normal use of your physical or mental faculties because of alcohol, drug or other substance consumption, or
  • undergoing a blood alcohol test and having a blood alcohol concentration of .08 percent or more, typically known as a “per se” DWI.

When you are arrest for the majority of crimes, there are not any penalties unless you are convicted of the offense either by being found guilty via trial or by entering a plea. If, however, you are arrested lawfully for a DWI offense, there can be administrative consequences. The administrative consequences including license suspension and financial penalties regardless of whether or not you are convicted of the crime. If you are convicted of a DWI, you will face further criminal penalties.

This article provides information on the different criminal and administrative penalties for a first offense DWI in Texas.

1. The Administrative Penalties

If you are arrested for DWI offenses for the first time, the Texas Department of Motor Vehicles can impose administrative removal of license penalties. If you fail a chemical test or refuse to take the test, the arresting authority has the right to confiscate your driving license immediately. An officer will issue a “notice of suspension” that operates as a form of temporary driving permit, and you will have fifteen days from the date of arrest to request a hearing for contestation of the license suspension. If you do not request a hearing, the driving license will remain suspended for ninety days beginning on the 41st day after the arrest. If you ask for a hearing, the notice of suspension allows you to continue driving until attendance of the hearing and the authorities reach a final decision.

If you refuse to undergo chemical tests in violation with the Texan implied consent laws, the Department of Motor Vehicles will automatically suspend the driving license for a further 180 days after the expiration of the temporary license. The only reason why this suspension can be removed is if you are acquitted of the DWI within a criminal court during a criminal trial.

When being arrested as a first offender, you can be eligible for an “occupational license”. العاب بطاقات This is a type of license held during a suspension for driving to specific destinations, such as school and work, as well as driving to places that will help in performing household duties including stores. To gain an occupational license, you need to provide proof of financial responsibility, as well as proof that you had an ignition interlock device installed on the vehicle you operated or owned.

2. The Criminal Penalties

Typically, in Texas a first offender DWI is a misdemeanor categorized in class B; however, if the driver presented with a blood alcohol concentration of .15 percent or more, the offense is categorized as a class A misdemeanor. If you are convicted, you will receive maximum financial penalties ranging from $2,000 to $4,000 with administrative fees. First-time DWI offenders can also face between 72 hours and six months in jail. If the individual has a blood alcohol concentration of 0.15 percent or more when arrested, the jail sentence could be up to one year. DUI sentences can include DWI education programs, probation, and community services. For the first DWI conviction, a court will suspend the driving license for between 90 days and one year. Texas will also impose an annual license surcharge for three years ranging between $1,000 and $2,000.

3. Obtaining A Houston DWI Attorney

As can be seen, the Houston DWI legislation is complex with the facts of every case differing to the other. If you have been charged and arrested for a DWI, it is recommended that you speak with an experienced Houston DWI Attorney who can help you proceed with the case correctly. هازارد 2024

If you have any legal questions or need to schedule a legal meeting don’t hesitate to call us now, or contact us to schedule a time to talk further.