Posted on November 21, 2014 | By admin | Leave a response
It is forbidden to drive while intoxicated in most states. If you have been arrested for driving drunk and causing an accident, you are likely facing two charges in addition to the charges related to the accident, driving under the influence (DUI) and driving with a blood alcohol content at .08 or higher. When facing such charges it is important that you obtain some legal defense to help you to navigate the legal system and resolve the issue with minimum disturbance to your life.
Attorneys Who Specialize in DUI
A defense lawyer can help you through the process; there are many attorneys that specialize in this field of law. DUI attorneys are able to look through the official documentation and pinpoint any breach of procedure on law enforcement’s part. For instance if the reasons for the initial traffic accident or the reliability of the field tests can come into question, then there is a good chance that both can be challenged in court. Even when the data indicates cause for the traffic accident was your fault, DUI attorneys are able to investigate every aspect of the arrest and testing for errors or mistakes, which can provide reasonable doubt in a court of law.
DUI attorneys are particularly dedicated to their clients. When the evidence in your case seems airtight or overwhelming, a good defense attorney can make sure that every possible avenue of defense is considered, perhaps even saving you from having to plead out or settle, which could reduce the penalties that you are up against. A DUI lawyer will ensure that your rights are defended. While they may not be able to have your case dismissed, they may be able to prove negligence on the prosecutor’s part, which will minimize the punishment you face.
What to look for in an Attorney for DUI charges?
Not all lawyers have the scientific knowledge or experience to defend a DUI case. A good DUI lawyer will have a track record of successful representation in DUI cases. Ideally, they will have experience as a former DA and will have been to jury trial 50-100 times. They should also have a history of attending and speaking at state seminars on drunk driving, and up-to-date on the current issues. DUI defense attorneys should be trained in the operation and functions of all breath testing equipment, field sobriety testing, and blood alcohol content.
What Defense Angles Might be Explored?
There are several potential defenses in DUI cases. For instance, the prosecution must prove that the defendant was driving at the time of the accident and offense. If there are no witnesses, the prosecution will need to prove beyond reasonable down that the defendant was indeed behind the wheel and at fault. Also, the officer’s opinions about intoxication can come under fire, if their opinion of pass and fail fall under different levels than state guideline, the case may be re-investigated using existing data against state regulations.
Tests can also be used at a potential defense. The standard breath test assumes each person is of average stature, while most people know that individuals vary. The test measures only certain compounds within the breath, not the actual alcohol. There are many cases where false highs have been found to exist. The blood tests are considered to be the most accurate, however, there are still well known issues with the results, for instance fermentation of the sample, contamination, and unsterilized equipment.
Posted on November 16, 2014 | By admin | Leave a response
Being involved in an accident of any nature can be upsetting there are legal issues to deal with and you may have also incurred an injury. Injuries can be mild needing little attention, but sometimes an accident can result in severe damage. The worse the condition the more it costs leading to very high hospital bills, after you have just been in an unfortunate incident it is hard to come up with the money to pay your medical bills.
The worse an accident is the more likely you will be unable to work, no time on the job means no money for you and your family’s needs. Seeking a Fresno personal injury attorney might be your best option in this situation. Whether you believe you are in need of professional treatment you need to go to a doctor, even a slight fall can cause extensive damage to your body and bones. Medical bills are simply not cheap and the worst part is insurance companies might deny your reimbursement.
In a case like this it would be in your best interest to contact professional help, a Fresno personal injury attorney may be the best person to consult with in your area. An attorney in this field can help you with a claim on un-insured and insured medical bills. How they can do this is determined by whose fault it is that the accident occurred.
Typically, a Fresno personal injury attorney can get involved when you need help filing a claim. Obtaining compensation for medical bills and other losses like damages can be covered in this claim, having a professional to consult with provide you with more information on how the legal system works. Before settling on anything, after you have been involved in a car accident, you should talk with your attorney to make sure you get what you deserve.
Especially, when it comes to a settlement getting professional advice from a Fresno personal injury attorney can be in your benefit. When you agree to settle it means you are accepting the responsible party’s payment offer and are agreeing not to sue them. Having an attorney to consult with can get you the details of whether or not the offer is good enough. However, you do not have to take the advice of your attorney ultimately, it is up to you.
You can be paid a settlement at any time in the case as long as you agree to the terms, the amount of the pay-out is based off of the damages you sustained. Besides the amount that you may receive you may be subject to when you get paid, one lump sum or in payments. If you have experienced an accident you might choose to speak with a Fresno personal injury attorney to get more help.
Posted on November 11, 2014 | By admin | Leave a response
A divorce is very rarely an easy process. Typically, it is being initiated by one party who wishes to rid themselves of the other, which can lead to hurt feelings. There is often one person who is against the idea of a divorce or only wants one to take place under terms that they can feel good about.
Not only can Fresno family attorneys prevent a divorce from getting ugly, they are usually all that stands between you and a long, drawn out battle with your ex-spouse. Unless the two of you are mature enough to come to an understanding on your own, which is incredibly rare, you will need Fresno family attorneys to help you sort through this whole mess.
The longer a divorce is allowed to drag out for, the more money it will cost the both of you in attorney fees, so it behooves each party to get a settlement figured out as fast as possible. Otherwise, you could be paying Fresno family attorney for several years of their time. Since divorce is already a costly procedure, it is best to minimize your costs wherever possible.
Since a Fresno family attorney has more experience and a firmer grasp on what the laws say each party is entitled to, it is best to enlist one to help keep your divorce proceedings civil. Often, prolonged divorce disputes are spawned out of ignorance, out of not knowing what the law actually allows you to receive.
Instead of digging in your heels and fighting for things you may not even be entitled to, it is best to allow Fresno family attorneys to take over and explain your options to you. This should keep from being drawn into any sort of conflict with your former partner.
If there are children involved, having a family attorney is absolutely essential for the well-being of the children and for the peace of mind of the parents. It is crucial to maintain a sense of normalcy in the lives of the children and not allow them to become pawns in a battle for divorce supremacy.
Family attorneys are able to prevent a divorce procedure from becoming an ugly, mudslinging battle. Losing the person you care about or having to rid yourself of a person you once cared about isn’t easy. A family attorney gives you the help you need to make it through these difficult times with the rest of your life intact.
Posted on November 6, 2014 | By admin | Leave a response
Losing your job ranks high on the list of fears for most of us. When you’ve been terminated from your place of employment and you believe this was done under erroneous circumstances, it is time to retain a Fresno employment attorney. They have the expertise you need when dealing with an employer who has fired you in a manner that can be deemed unlawful.
A Fresno employment attorney is able to sue an employer who fired you, provided that they can prove the firing was done illegally. That’s why you must schedule your free consultation, so that an experienced attorney can look over the facts involved in your case and investigate any related paperwork.
The sheer amount of red tape that needs to be cut through before you can successfully sue an employer can seem insurmountable. The attorney has to thoughtfully analyze all of your paperwork and fill out all of the pertinent documentation for your lawsuit. They will need to interview any potential eyewitnesses to your dismissal.
A Fresno employment attorney also interviews other employees at your former place of work and in certain cases, they may be able to speak with your supervisor and/or the person responsible for your firing. It is important that you disclose all of the facts about your tenure so that your attorney is not blindsided when they speak to your fellow employees.
Before proceeding with a lawsuit, your attorney needs to know, beyond a shadow of a doubt, that you were fired unfairly. Being as forthcoming as possible during your initial consultation is in your best interests. For example, you may have had some minor disciplinary issues during your period of employment.
While it could just be that you had one bad day and took it out on a fellow employee with harsh words or struggled with being on time due to car trouble, be sure to share all of these nuggets with your attorney in the early going. For a Fresno employment attorney, none of these issues are a deal breaker, but if they crop up unexpectedly, it can be damaging to your case.
But if it can be proven that you were fired for personal reasons or superficial ones, retaining a legal representative is to your immediate benefit. A Fresno employment attorney is the best tool in your arsenal when it comes to bringing an unlawful employer to justice.
In need of a strong legal team to sue an employer who fired you under false pretenses? Don’t delay, time is of the essence. Every moment you waste is another moment you can’t get back. The clock is ticking on your ability to file a lawsuit, so call a Fresno employment attorney as soon as possible and set a consultation appointment.
Posted on November 1, 2014 | By admin | Leave a response
There is no better way to avoid a DUI charge than to only drive sober, and abstain from all drug or alcohol use while driving. That being said, even if you only smell like alcohol and aren’t impaired to drive, chances are still very high that you will be arrested for DUI. If you are charged with a DUI, in most states your license will automatically be suspended or revoked for some amount of time. The amount of time your license is suspended depends on the state you reside in, and other circumstances. This automatic suspension is completely separate from any criminal charges against the driver. It is usually a time consuming and costly process to reinstate your license after a DUI conviction.
DUI attorneys can help avoid a conviction, and in many cases, help you get your license back quickly. If you do not have a DUI attorney to help you through the arduous process, it is easy to become intimidated by the police, judge, or even the DMV. An experienced defense lawyer will speak on your behalf to ensure your rights are not violated. In most jurisdictions a DUI arrest means an automatic suspension of your license even before you are found guilty. DUI attorneys may or may not be able to get your license back immediately, depending on your state’s laws.
In California, the arresting officer will confiscate your driver’s license and issue you a temporary permit. You then have a very short time period to request a hearing to determine if the suspension will be upheld by the DMV. A DUI attorney can help you get the proper evidence gathered for the administrative hearing to show the suspension is not justified. The scenario is the same if you are a Texan who is arrested for DUI. You can be arrested for either failing or refusing to take a roadside sobriety test. If successful, DUI attorneys in California or Texas could help you get your driver’s license back immediately.
In Ohio and New York, DUI attorneys will not be able to get your driver’s license back immediately. If arrested in Ohio, your license has a period of total ineligibility. A lawyer will most likely help you to get your license back as quickly as possible though, after that time. In New York your driver’s license is automatically taken away until the criminal case is completed.
In conclusion, if you aren’t a resident of the states mentioned above, you will want to contact your state’s DMV to find out exactly what the consequences are for a DUI arrest. Remember that there are often strict time frames in which you will need to request a hearing or provide evidence to prove you should not lose your license.