DUI: Frequently Asked Questions Mr. Taylor's 20 DUI FAQs, widely reproduced on legal websites throughout the internet, present answers to the questions most often asked by citizens arrested for drunk driving. 1. What do police officers look for when searching for drunk drivers on the highways? Answer 2. If I'm stopped by a police officer and he asks me if I've been drinking, what should I say? Answer 3. Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test? Answer 4. What symptoms and behavior is the officer looking for during the initial detention at the scene? Answer 5. What should I do if I'm asked to take field sobriety tests? Answer 6. Why did the officer make me follow a penlight with my eyes to the left and right (nystagmus)? Answer 7. Should I agree to take a breathalyzer test? What happens if I don't? Answer 8. Do I have a choice of breath or blood alcohol tests? Which should I choose? Answer 9. The officer never gave me a Miranda warning: Can I get my case dismissed? Answer 10. Why am I being charged with violation of TWO drunk driving laws? Answer 11. The officer took my license and served me with a notice of drivers license suspension after the breath test: How can he do that if I'm presumed innocent? Answer 12. Can I represent myself? What can a DUI lawyer do for me? Answer 13. How can I find a qualified DUI attorney? Answer 14. What will it cost to get a DUI lawyer? Answer 15. What are the penalties for drunk driving? Answer 16. What is a penalty enhancement? Answer 17. What is a "rising blood alcohol defense"? Answer 18. What is "mouth alcohol"? Answer 19. What defenses are there in a DUI case? Answer 20. I have some questions about my DUI case. Where can I go for answers? Answer
Get all the Answers HERE!
Wednesday, September 3, 2008
Blood Draws in the Back Seat by the Dashboard Light
Blood Draws in the Back Seat by the Dashboard Light
Posted by Lawrence Taylor on August 30th, 2008A few years ago, citizens suspected of DUI were given a choice to submit to either breath, blood or urine testing for alcohol concentration. In the hysteria of MADD’s "War on Drunk Driving", however, things have changed. Today, citizens (supposedly presumed innocent) are being told they must submit to a blood test — and, if they refuse, are being forcefully restrained by a blood technician (referred to as a phlebotomist). See my post Taking Blood by Force.Publish Post
How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?
Florida DUI Laws
Florida DUI and Administrative Suspension Laws
How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?
1st DUI - 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") where you live.
If you wait to reinstate your license until your revocation period ends... More at DUI LIBRARY Click Here.
Florida DUI and Administrative Suspension Laws
How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?
1st DUI - 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") where you live.
If you wait to reinstate your license until your revocation period ends... More at DUI LIBRARY Click Here.
Florida Attorney - Florida DUI Laws
Florida Attorney - Florida DUI Laws
When arrested in Florida for a DUI, there are really two cases at issue. One being the Administrative portion (FDHSMV) and the second being the Criminal aspect (Court). We will try to help guide you through the differences of each:
If you have been arrested for DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08% or higher, you have only 10 days to request a special hearing with the FDHSMV to save your license. Failure to timely request a hearing will result in at least a six-month suspension (and as much as an 18-month suspension) of your Florida driving privileges.
Under Florida law, DUI is one offense, that can be proved in one of two ways:Get More from www.floridalawusa.com
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Thursday, August 28, 2008
'There's no evidence of unsafe driving'
'There's no evidence of unsafe driving'
By JENNIFER MILLER, Staff Writer
08/22/2008
WEST GOSHEN — A judge dismissed reckless endangerment charges against a man who was allegedly intoxicated when his car collided with a bicyclist, causing fatal injuries.
Mark E. Delguzzo, 24, of Chester Springs, was charged with DUI and reckless endangerment in July, roughly seven weeks after his vehicle collided with bicyclist Paul Hally, 35, of West Goshen. Hally was pronounced dead at the scene.
At Delguzzo's preliminary hearing Thursday, Magisterial District Judge William Kraut dismissed the reckless endangerment charge after defense attorney Bill Gallagher argued that a 1998 case law showed there were no grounds for the charge.
The DUI case of Cathy M. Mastromatteo was appealed to
the state's Superior Court in 1998. The court ruled there is no evidence to support "that driving under the influence alone creates the degree of risk legally necessary to convict for reckless endangerment."
In Delguzzo's case, Gallagher told the judge, "There's no evidence of unsafe driving."
Assistant District Attorney Deb Ireland argued that the combination of alcohol and drugs found in Delguzzo's system, along with his decision to drive, resulted in reckless endangerment.
But, the judge agreed with Gallagher's argument.
"Based on the case Mr. Gallagher has presented to this court, I don't think I have any other choice but to dismiss this charge," Kraut said.
Gallagher waived his right to a hearing for the DUI charge, which will now go to Common Pleas Court.
Meanwhile, District Attorney Joseph Carroll said this week he still intends to review the case — a review he agreed to after the victim's family raised concerns over the initial charges.
"Our hope is that when the DA, Joseph Carroll, reviews the case as promised, all evidence will allow for the proper charges to be placed," said Leilia Hally, the victim's mother.
Leilia Hally said there is a big gap in the legal system when it comes to DUIs. She said she believes the legal system treats fatal DUI crashes involving two vehicles differently than fatal DUI crashes involving bicycles.
"Some kind of law has to be passed to close that gap," she said.
To file a charge of vehicular homicide while DUI, Carroll said his office needs to prove the crash would not have occurred had the defendant been sober. Reconstruction of the crash seemed to show that a sober driver would not have seen the cyclist in time to prevent the crash, Carroll said.
Delguzzo was going about 30 mph in the 1000 block of West Chester Pike in West Goshen when the crash occurred, according to police. Delguzzo reportedly told... Continue at Daily Local News
The World of DUI and DUI Lawyers
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By JENNIFER MILLER, Staff Writer
08/22/2008
WEST GOSHEN — A judge dismissed reckless endangerment charges against a man who was allegedly intoxicated when his car collided with a bicyclist, causing fatal injuries.
Mark E. Delguzzo, 24, of Chester Springs, was charged with DUI and reckless endangerment in July, roughly seven weeks after his vehicle collided with bicyclist Paul Hally, 35, of West Goshen. Hally was pronounced dead at the scene.
At Delguzzo's preliminary hearing Thursday, Magisterial District Judge William Kraut dismissed the reckless endangerment charge after defense attorney Bill Gallagher argued that a 1998 case law showed there were no grounds for the charge.
The DUI case of Cathy M. Mastromatteo was appealed to
the state's Superior Court in 1998. The court ruled there is no evidence to support "that driving under the influence alone creates the degree of risk legally necessary to convict for reckless endangerment."
In Delguzzo's case, Gallagher told the judge, "There's no evidence of unsafe driving."
Assistant District Attorney Deb Ireland argued that the combination of alcohol and drugs found in Delguzzo's system, along with his decision to drive, resulted in reckless endangerment.
But, the judge agreed with Gallagher's argument.
"Based on the case Mr. Gallagher has presented to this court, I don't think I have any other choice but to dismiss this charge," Kraut said.
Gallagher waived his right to a hearing for the DUI charge, which will now go to Common Pleas Court.
Meanwhile, District Attorney Joseph Carroll said this week he still intends to review the case — a review he agreed to after the victim's family raised concerns over the initial charges.
"Our hope is that when the DA, Joseph Carroll, reviews the case as promised, all evidence will allow for the proper charges to be placed," said Leilia Hally, the victim's mother.
Leilia Hally said there is a big gap in the legal system when it comes to DUIs. She said she believes the legal system treats fatal DUI crashes involving two vehicles differently than fatal DUI crashes involving bicycles.
"Some kind of law has to be passed to close that gap," she said.
To file a charge of vehicular homicide while DUI, Carroll said his office needs to prove the crash would not have occurred had the defendant been sober. Reconstruction of the crash seemed to show that a sober driver would not have seen the cyclist in time to prevent the crash, Carroll said.
Delguzzo was going about 30 mph in the 1000 block of West Chester Pike in West Goshen when the crash occurred, according to police. Delguzzo reportedly told... Continue at Daily Local News
The World of DUI and DUI Lawyers
dui attorney north dakota, dui attorney nebraska, dui attorney nevada, dui attorney new hampshire, dui attorney new jersey, dui attorney new mexico, dui attorney new york, dui attorney ohio, dui attorney oklahoma, dui attorney oregon, dui attorney pennsylvania, dui attorney rhode island, dui attorney south carolina, dui attorney south dakota, dui attorney tennessee, dui attorney texas, dui attorney utah, dui attorney vermont, dui attorney virginia, dui attorney washington, dui attorney wisconsin, dui attorney west virginia, dui attorney wyoming, dui attorneys alabama, dui attorneys alaska, dui attorneys arizona, dui attorneys arkansas, dui attorneys california, dui attorneys colorado, dui attorneys connecticut, dui attorneys delaware, dui attorneys florida, dui attorneys georgia, dui attorneys hawaii, dui attorneys idaho, dui attorneys illinois, dui attorneys indiana, dui attorneys iowa, dui attorneys kansas, dui attorneys kentucky, dui attorneys louisiana, dui attorneys maine, dui attorneys maryland, dui attorneys massachusetts, dui attorneys michigan, dui attorneys minnesota, dui attorneys mississippi, dui attorneys missouri, dui attorneys montana, dui attorneys north carolina, dui attorneys north dakota, dui attorneys nebraska, dui attorneys nevada, dui attorneys new hampshire, dui attorneys new jersey, dui attorneys new mexico, dui attorneys new york, dui attorneys ohio, dui attorneys oklahoma, dui attorneys oregon, dui attorneys pennsylvania, dui attorneys rhode island, dui attorneys south carolina, dui attorneys south dakota, dui attorneys tennessee, dui attorneys texas, dui attorneys utah, dui attorneys vermont, dui attorneys virginia, dui attorneys washington, dui attorneys wisconsin, dui attorneys west virginia, dui attorneys wyoming.
Monday, August 25, 2008
California DUI Lawyer Expands Services to Additional Northern California Counties
California DUI Lawyer Expands Services to Additional Northern California Counties SAN FRANCISCO, CALIFORNIA August 12, 2008 Legal News (PRLEAP.COM) The California based DUI defense firm of Robert Tayac has expanded its services to clients in the Northern California counties of Santa Clara, Sonoma and Napa. According to the information at http://www.californiaduidefense.com/ the Law Office of Robert Tayac accepts only driving under the influence cases and has been providing the highest quality representation available to those accused of DUI in the courts of San Francisco, Alameda, Contra Costa, Marin and San Mateo. According to Mr. Tayac, the reason for the expansion is simple – those accused of driving under the influence have requested our help.
Mr. Tayac goes on to say that Santa Clara, Sonoma and Napa counties have some of the strictest DUI penalties in California. Law enforcement officers of the California Highway Patrol, local police agencies and county sheriff’s departments have collaborated with the District Attorneys of these three counties to strictly enforce the DUI laws and prosecute residents and visitors for driving under the influence and for driving with a breath or blood alcohol level of 0.08 percent or more.
What’s more, every DUI arrest initiates a second case against the
Continue at...http://www.prleap.com/pr/124398/
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Mr. Tayac goes on to say that Santa Clara, Sonoma and Napa counties have some of the strictest DUI penalties in California. Law enforcement officers of the California Highway Patrol, local police agencies and county sheriff’s departments have collaborated with the District Attorneys of these three counties to strictly enforce the DUI laws and prosecute residents and visitors for driving under the influence and for driving with a breath or blood alcohol level of 0.08 percent or more.
What’s more, every DUI arrest initiates a second case against the
Continue at...http://www.prleap.com/pr/124398/
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Friday, August 8, 2008
Don't Get Your Drivers Licence Suspended! All States Have DUI Laws!
All States Have DUI Laws.
Don't Get Your Drivers Licence Suspended!
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