DUI Process Blog

Driving while intoxicated is a serious felony. In order to reduce specific DUI Charges, the drunk driving law firms opt for a few key factors, gathered under a plea bargain, which can help them to negotiate the terms of DWI cases. A plea bargain represents a deal that is usually made by a lawyer with a prosecutor. Based on this deal, the defendant must plead guilty in order to get a less severe sentence. But, depending on specific circumstances, the defendant can also get away without any punishments. In most cases, the second alternative occurs more rarely than the first one. In case that the defendant accepts the first variant, he or she must give up his or her rights to a lawyer, who takes the case in front of a jury.

Factors That Lawyers Use to Reduce DUI Charges

Various lawyers, who work law firms, use specific factors that can help their clients to benefit from reduced DUI charges. For instance, some lawyers use reckless driving, which actually carries along a less severe sentence than a DUI conviction. As this factor cannot be used in all DUI cases, the lawyers opt for plea bargains, which come along with a few important points to consider. These points include the followings:

• The Right Time for a Plea Bargain: Although plea bargains might be offered at different times during a trial, most drunk driving law firms prefer to close such deals from the very beginning. This is because some courts set specific time limits during which they are willing to accept plea bargains. Most of these limits are set at the beginning of the trail. If the lawyer fails to come up with a plea bargain at the beginning of the trial, the judge has the right to reject any subsequent requests. Therefore, knowing when to require – or to accept – a plea bargain is definitely a very essential issue.
• Getting Plea Bargains: Another important thing drunk driving law firms should know is how to obtain plea bargains. In some cases, the prosecutors provide or accept plea bargains before the trial begins. Others want to wait until the trial starts. This is because the beginning of a trial can bring along previous convictions or arrests of the driver. Obviously, these elements can greatly affect the plea bargain. In these cases, most prosecutors and judges reject any ulterior deals. However, some truly experienced lawyers, who are familiar with particular plea bargaining policies, might obtain the necessary approvals for ulterior deals. Based on such deals, a DUI attorney can secure favorable plea negotiations.
• Plea Offers and Their Expiration Dates: Similar to any other negotiations, plea offers come along with terms that require both parties to respect specific time limits. However, it is important to know law does not dictate the expiration date of a plea. In most cases, a plea offer, which compromises a DUI case, remains open until the offering party closes it. This means that if the plea offer is issued by a prosecutor, he or she can specify an expiration date. On the other side, if this offer is proposed by the defense attorney, the plea bargaining proposition might remain open until the end of the trial. However, numerous cases include numerous milestones, which set particular events during a DUI case.
• Plea Bargain and Its Accomplishments: By simply opting for a plea bargain, a lawyer can negotiate particular aspects and obtain a few advantages for his or her client. However, the advantages that a lawyer can obtain for his or her clients depend on a series of factors, including particular circumstances, jurisdiction, and so on. For example, New York has a few particular punishments, which cannot be negated or negotiated. As well, specific sentence enhancement factors can prevent an agreement from becoming available to you.

Besides all these important points, which a lawyer must consider in order to obtain a few benefits for his or her client, it is essential to bear in mind that you should never propose a plea bargain without previously contacting one of the law firms. After you get in touch with an experienced lawyer, you must explain him or her specific circumstances and facts that relate to your individual case. This thing can help you to get an appropriate course of action for you.

About the Author

Andras Deak, occasional guest blogger on many topics, now writes for DUI Process Blog. He is doing an internship at a Miami attorney and keen on gaining some useful experience in traffic law.

Don’t drink alcohol. Staying sober is the best way to avoid getting another DUI, and can prevent you from having to suffer the consequences of high fines and jail time again. It is hard to resist drinking, especially if that is what your friends are doing for fun, but you can find new friends, and let everyone around you know that you are no longer drinking so they don’t feel offended when you decline to go out. Reminding yourself not to drink can be the toughest part, since even though you may feel social pressure, the decision is ultimately yours.

You can also employ backup lists, with various alternatives to driving, for if you drink alcohol again. For example, the list can read something like the list below.

1. Take a Taxi or the Bus. Using public transportation is cheap, and taxis can be expensive. Both are less expensive than the fines you will pay if you are caught drinking and driving. In many states, fines can get up to 2 or 3,000 dollars. A bus costs about 2-4 dollars to ride on average. A taxi can range anywhere from 5-50 dollars on average, much less than thousands of dollars and a month in lost earnings while you sit in jail.

2. Plan ahead to stay at a friends’ place who lives close by. If you know you are going to go out drinking, try to o it either close to your own house, or close to a friends’ place. Get permission before the night begins to stay at a friend’s if need be.

3. Walk or ride your bike. If you live close to the bar or restaurant you are drinking in, why not travel by foot? This will not only help you get some much needed fresh air, but will also help you avoid getting behind the wheel of a car. If you have a bike with you, it will make you feel obligated to ride it, since leaving it at the bar or restaurant. You can also include

4. Call a friend, and

5. Get a hotel room.

There is really no excuse for getting more than one DUI. In order to make sure you don’t end up in jail for months, and doing harm to yourself, your family, and your career, it is vital to stay away from cars when you are drinking. The best way to avoid getting another DUI is to make sure that you either don’t drink alcohol, or that you give your keys to a sober friend at the beginning of the night. If there are no sober friends in the vicinity, you can always ask the bartender or host to call you a taxi if you are drinking. Keeping your backup plans with you at all times will help you remember that if you drive drunk and get another DUI, you will pay the consequences.

Katz & Phillips, P.A. encourage you to take steps to avoid drinking and driving, however, should you find yourself in need of an Orlando DUI Lawyer, be sure to reach out to them for a free consultation.

Field Sobriety Tests have been standardized to supposedly allow uniform treatment across all states. With the standardization comes the acronym SFST where the “s” is for standardized.

The following tests were developed to aid law enforcement in determining impairment and give them probable cause for arrest. But poor design and training of the Officer’s that administer these tests make them very unfair and about as UN-scientific as you can imagine.

They are designed to gather evidence to be used in a conviction. It is very rare that anyone who takes these tests ever has any favorable comments listed that are used to clear them of charges.

Law enforcement and MADD would have you believe that NO ONE IS EVER detained and questioned who is sober. That’s why no one ever ‘passes’ these tests. Does that make sense?

IMPORTANT: You Do Not Have To Take Any Field Sobriety Tests Should You Ever Be In This Situation Again!

When you first get pulled over it’s difficult to know what to do, and the officer certainly makes you feel like you ‘have to do’ things that you really don’t.

You are required by law to submit to a breath test (if you refuse your driving privileges will be suspended) but you are not required to submit to any field sobriety tests. Remember that and TELL YOUR FRIENDS.

Here are some of the most common tests,

Horizontal Gaze Nystagmus (HGN)

Horizontal Gaze Nystagmus or HGN is defined as the involuntary jerking of the eye. Alcohol effects automatic tracking mechanism of the eyes and causes a jerking (nystagmus) of the eye as it moves from side to side.

In this test the “trained” officer waves a pen in front of your face from side to side and measures the tracking of your eyeballs visually. Yes, he ‘guesses’ as to how many degrees your eye jerks from side to side and writes down his comments.

Do you think his visual measurement of the number of degrees your eyes jerk is even close to reality? Scientifically, this is a joke. No one can visually come close to measuring that with any accuracy whatsoever.

Horizontal Gaze Nystagmus Instructions:

1. I am going to check your eyes. (Please remove your glasses)
2. Keep your head still and follow the stimulus with your eyes only
3. Do not move your head
4. Do you understand the instructions?

Signs of intoxication are the angle of onset of HGN (this is his estimate), the ability of the eye to follow smoothly, and the extent of nystagmus at the maximum lateral deviation. The three clues to detect HGN in each eye are the following:

1. Lack of smooth pursuit
2. Distinct and sustained Nystagmus at maximum deviation
3. Onset of Nystagmus prior to 45 degrees

3 Clues in each eye, total of six clues. 4 clues constitute a 77% likelihood of impairment in lab studies. HGN occurs not only in the presence of alcohol, but also in the presence of other impairing substances.

Usually when a person’s BAC is in the range of 0.10 percent, the jerking will begin before the eyeball has moved 45 degrees to the side. Higher BAC will cause jerking at smaller angles.

Walk and Turn

During the Walk and Turn test, the suspect is given detailed, standardized instructions for walking nine heel-to-toe steps along a line, turning, and returning along the line in the same manner.

Walk and Turn Instructions:

1. Put your left foot on the line and put your right foot in front of it with your right heel touching your left toe. Keep your hands at your side. (Demonstrate).
2. Do not start until I tell you to.
3. Do you understand the directions?
4. When I tell you to begin, take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine heel-to-toe steps. (Demonstrate heel-to-toe; three steps is sufficient).
5. On the ninth step, keep the front foot on the line and turn by taking several small steps with the other foot. (Demonstrate turn)
6. While Walking, watch your feet at all times, keep arms at side, count steps out loud. Once you begin, do not stop until test is completed.
7. Do you understand the directions?
8. You may begin the test.

The score for this test reflects on an individual’s ability to attend to and remember very specific instruction as well as to balance and walk. The officer records errors with the following checklist:

1. Loses Balance During Instructions
2. Starts before Instructions are finished
3. Stops while walking
4. Doesn’t touch heel-to-toe
5. Steps off Line
6. Uses arms for balance
7. Loses balance while turning/incorrect turn
8. Incorrect number of steps

Two clues constitute a 68% likelihood of impairment.

One Leg Stand

The One-Leg Stand test is a balance test that requires the individual to stand with his/her arms at his side and to lift one leg approximately six inches off the ground. He is instructed to look at the raised foot and to maintain the stance while counting one thousand-one, one thousand- two, etc… until told to stop.

One-Leg Stand Instructions:

1. Stand with your heels together and your arms at your side. (Demonstrate)
2. Do not begin the test until I tell you to
3. Do you understand?
4. When I tell you to, I want you to raise one leg, either leg, approximately six inches off the ground, foot pointed out. Keep both legs straight and keep your eyes on the elevated foot
5. While holding that position, count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. (Demonstrate raised leg and count)
6. Do you understand the instructions?
7. You may begin the test.

The test is timed for 30 seconds and scored by the following possible clues.

1. Sways while balancing.
2. Uses arms for balance.
3. Hopping
4. Puts foot down

Two clues constitutes a 65% likelihood of impairment

As you can see these tests are designed to be fail. In most cases a sober person would have a difficult time completing the field sobriety test.