Monday, May 20, 2019

Some Common Defenses Of DWI Claims

Some Common Defenses Of DWI Claims


DWI stands for driving while intoxicated. The punishments for these offenses can be extremely considerable. If a person has been arrested for a DWI and wishes to contest the charge, he or she should know every defense that might be available to him or her. By preparing a practical defense, the individual might aid in convincing the prosecution to abandon or lessen the charges, stop his or her driver’s license from being suspended, or even obtain an acquittal after a trial.

some common defenses dwi claims Some Common Defenses Of DWI Claims

In a DWI case, the prosecution must establish two key issues:

  1. The defendant, or the individual being charged, drove a vehicle and
  2. Simultaneously, the defendant was “under the influence”- indicating that the individual’s capacity to drive cautiously was influenced to a substantial degree by drinking alcohol, taking drugs, or a mixture of alcohol and drugs.

In a DWI case, a defense can be anything that disproves one of these aspects and therefore stops the prosecution from establishing its case. In addition, a defense may hinder the prosecution from presenting evidence at trial, which decreases the prosecution’s capacity to establish its case.

Defenses Connected With “Driving”

If the defendant was really driving a vehicle at time of the supposed DWI offense, he or she cannot be found guilty of drunk driving. Many DWI cases begin with a driver getting pulled over. Therefore, there normally is not much dispute over whether the defendant was really driving. However, if a police officer did not really see the defendant driving—the officer came near the defendant’s immobile car while he or she was behind the wheel in the parking lot, for instance—the matter may be arguable, founded on the evidence.

Defenses Connected With Arrest

If the police officer did not have legal reason to stop the defendant’s vehicle and/or arrest the defendant in the first place — or if the officer neglected to abide by appropriate legal practices during the arrest – any evidence collected from the traffic stop or the arrest may be considered “inadmissible” and thus excluded from a court case against the defendant. This could result in the prosecution having no actual case (for instance, because breathalyzer results and the arresting officer’s testimony could not be employed as evidence). Therefore, the DWI charges against the defendant could be abandoned.

No Probable Cause to Arrest

If an officer did not have probable cause to stop the defendant’s vehicle, keep him or her in custody, or arrest him or her for drunk driving, then the defendant could retain any evidence acquired during the arrest from being allowed in at trial. For instance, if the defendant thinks that he or she was stopped because of his or her race or ethnicity – and not because he or she was driving unsteadily or seemed to be intoxicated – the defendant could dispute the arrest.

No Miranda Warnings

If the defendant is arrested, a police office must give the individual Miranda warnings as part of the procedure. These are the warnings that the defendant hears on television – that he or she has the right to remain silent, that anything he or she says might be used against him or her, and that the person has the right to an attorney, and so on. If the officer does not give Miranda warnings or delivers them erroneously, the defendant could keep out specific evidence at trial.

Zane Schwarzlose is a writer at Carroll Troberman Criminal Defense, an Austin criminal defense law firm. Zane is glad he’s never had to use any of the defenses above.

Tags: , , , ,

Relevant Articles

Things you Must Remember When Being Pulled Over

Things you Must Remember When Being Pulled Over


AOE TRAFFIC STOP Things you Must Remember When Being Pulled Over

Things you Must Remember When Being Pulled Over

Most drivers would argue that being pulled over by the police ranks among their top inconveniences while they are out on the road. While people rely on law enforcement to keep the roadways safe for drivers, people also hate being pulled over and questioned by police for any variety of traffic infractions. If you are pulled over by law enforcement, your first reaction might be to grumble about or even fear the policeman approaching your car.

However, police officers typically want to make your traffic stop as quick and friendly as possible. You can make the traffic stop easier and more convenient for you if you remember several important tips before the police officer approaches your car.

Calm Down and Be Polite

Your heart may be racing a mile a minute as you anticipate the officer knocking on your car door window. If you are afraid or angry, it is important that you remember to take a few deep breaths and remember that the police officer does not want to hurt you or cause you any distress. When the officer indicates, you should roll down your window or get out of the car, all the while speaking to him or her in a polite tone of voice. Your politeness and respect will help the stop remains upbeat and positive and avoid it turning into a combative situation.

Have Your License and Registration Handy

The officer will ask for your license and registration so that he or she can run a warrant check on you. You can make the traffic stop more uneventful if you have these items ready to hand over to the policeman. You can keep them in your purse or glove compartment. If you need to reach into either to get these items out, you are encouraged to tell the officer what you are doing so that he or she knows that you are not reaching for a weapon.

Be Honest about Your Level of Intoxication

Police officers are cleverer than the public gives them credit for on most occasions. If you have been drinking, you should just be honest about how many drinks you had prior to driving. If you lie, the officer is going to get irritated and perhaps be a bit harsher as he or she administers a field sobriety test. If you are intoxicated, it is better to submit to the arrest and allow the officer to take you into the police station than it is to lie to the officer’s face.

Hire an Attorney if Necessary

Even if you submit to the arrest, however, you still have every right to retain an attorney. In fact, you will be advised of this right when the officer reads you your Miranda rights. Whether you choose a NJ DWI lawyer or a MA OUI attorney, representation can help you avoid the harshest penalties of a DUI charge or any other charge related to your traffic violation. You may be able to call an attorney directly from the police station after you are booked into jail.

Go to Court or Pay the Fines

Even if you feel that you did not deserve to get pulled over and given a ticket, you should still resolve this infraction in the best legal way possible. You can go to court and contest the matter with a judge or you can simply pay the fine and avoid having your license suspended for non-payment of your ticket. A ticket does not mean you are necessarily guilty of the infraction for which the police officer stopped you. You can always go to court if you want to fight the penalty.

No driver likes to be pulled over and questioned by the police. However, you can take these suggestions into mind if you want to make your traffic stop as easy and quick as possible.

Author and artist Molly Pearce is passionate about shedding light on the areas of human rights, the law, and addiction in her work. She consulted legal sites such as that of a NJ dwi lawyer for the research on this post.


Tags: , ,

Relevant Articles

CAUTION: Tis the Season to Indulge

CAUTION: Tis the Season to Indulge


AOE DRINKY CAUTION: Tis the Season to Indulge

CAUTION: Tis the Season to Indulge

The holidays are often filled with seasonal indulgences, making it difficult for individuals to stay on task. With excessive food, fun, alcohol and late hours, you want to pay extra close attention to your family to ensure their safety – especially when taking road trips to see family and friends. The following are tips for enjoying your holidays safely:

Celebrate in Moderation

As you navigate your way to grandma’s house for the holiday meal, you’ll want to put a limit on your merriment. Alcohol related accidents are on the rise during this time of year, with both work and family celebrations. Instead of drinking to excess, you can put a limit on the amount of alcohol you’ll consume throughout the party. If you know that you may exceed that limit, you want to ensure your family’s safety by enlisting the help of a designated driver to get everyone home safely.

While you may be responsible and abstain from drinking, others may not have the common sense to do the same. If you notice any behavior out of the ordinary while making your way to and from your destination, you can alert the law enforcement officials by way of cellphone. Signs to look for include veering into the wrong lane and travelling at an abnormally low rate of speed.

Children are Out and About

The season is especially celebratory for children and ensuring their safety while they are out on holiday break should be at the forefront. To avoid getting in an accident and injuring innocent victims on the road, you should avoid drinking and driving altogether. If you know that you’ll be celebrating at a party, you can find an alternate method of transportation ahead of time such as a limo, cab or other mode of public transportation.

Stay particularly alert in areas that are heavily populated with children such as snow hills, skating parks and child-friendly holiday festivals. As we all remember from our childhood, while playing it’s easy to get caught up in the fun and forget to look before chasing that ball into the street. Fast actions to a pet on the run, or an errant bicyclist, are critical – and if you’ve had a few drinks already, your reactions are going to be slower. Just one second of hesitation can mean the difference between someone living and dying at your hands.

Set a Good Example

Children learn by example, and you can set a good one by teaching them to never overindulge. This includes eating right and avoiding alcohol in excess. If you’re out with the kids for a family gathering, you can either stick to soda or make a point of slowly sipping one cocktail; or make a habit of drinking a glass of water in between them.

Teach your little ones the importance of not drinking and driving, and respecting the law. You can go one step further and explain the repercussions for driving while intoxicated such as causing an accident, injuring or killing innocent victims, the loss of a driver’s license, exorbitant fines and law suits – and in the language of youngsters, how consequences such as these means doing without things they want.

With the Christmas season soon approaching, you’ll find more children out in the neighborhood enjoying those special days of spending time with extended family visiting from other towns. According to this Charlotte DWI lawyer, you’ll want to take steps to ensure you don’t become part of the statistics of endangering the neighborhoods and Interstates during this celebratory time of year. Think about making some of these tips part of your holiday traditions, to help you celebrate the joy of the season safely with your family for many years to come.

Photo credit:


Tags: , ,

Relevant Articles

Smoking Marijuana for Diabetes: Is This Really Legal?

Smoking Marijuana for Diabetes: Is This Really Legal?


2298921212 001c4da0dd 300x300 Smoking Marijuana for Diabetes: Is This Really Legal?

Smoking Marijuana for Diabetes: Is This Really Legal?

Most individuals who develop diseases or medical conditions are often able to handle or eliminate them with prescription drugs or some other type of treatment. Individuals who have diabetes, however, will be facing a lifelong condition that will require constant care.

Because of this, researchers are always on the lookout for new treatments; and in some cases, these treatments can even help prevent the development of the condition. Surprisingly, studies are increasingly showing that marijuana may accomplish just that.

Marijuana as a Treatment

It’s been long accepted that smoking marijuana helps in reducing nausea and relieving pain related to several diseases. This is why cancer patients undergoing chemo are often prescribed the drug in states where medical marijuana is legal.

Scientists are quickly discovering, however, that the drug may have further applications than simply making a person feel better when undergoing other treatments. Though this is a fact that many herbalist and homepathic professionals have stated for years, the medical field has finally provided acknowledgment.

Some scientists are now claiming that marijuana can also help conditions such as epilepsy and colitis. For those with diabetes, however, the drug is offering a potential treatment that could control their body’s insulin levels and help control the disease.

Companies are coming out with everything from synthetic marijuana to mouth sprays containing THC, the active drug in marijuana, but many people still question whether this is just an excuse to get high.

The Science

The May 2013 issue of the American Journal of Medicine published a study of the effects of medical marijuana on diabetes specifically. Scientists found that diabetics using the drug had more diabetic control and a decreased resistance to insulin in their bodies.

This benefit was only found in diabetics who currently used marijuana as opposed to those who had used it in the past. It should also be noted that researchers believe that the drug can actually prevent the disease as well.

They said that marijuana users had better good cholesterol levels compared to non-users. Waist circumferences were also decreased in users, and both of these benefits can go towards preventing the development of the condition.


Federal law still recognizes marijuana as an illegal drug, and this means that, if the mood strikes them, federal law enforcement authorities can affect an arrest anywhere in America related to marijuana possession.

This holds true even if medical marijuana is legal in the state where a person has possession of it. It should also be noted that, even in states where medical marijuana is legal, an individual will likely be arrested for possession if they’re on federal lands (ie. national parks).  

For example, individuals in the state of New Jersey are able to utilize this drug for medical purposes. However, motorist may still receive penalties for DWI in New Jersey if pulled over under suspicion. This would be true regardless of if the state has legalized the drug or not.

Unfortunately, even those in states where medical marijuana is legal and who are not on federal lands can face prosecution. Just because medical marijuana is legal doesn’t mean that just anyone can use the drug.


An individual should have their medical marijuana card on them at all times to avoid arrest. If federal authorities attempt to make an arrest, it’s also imperative to not try to fight against or avoid the arrest. This will only make matters worse.

Anyone arrested for possession of marijuana, especially when it’s being used for medical purposes, should seek legal help immediately. An attorney can request that charges be dismissed before a trial if it can be shown that there is no probable cause to believe the drug wasn’t being used for medical purposes.

Sadly, people who try to defend themselves against these charges, especially in federal court, oftentimes regret not finding an attorney to help with their charges.

Unfortunately, medical marijuana is still considered illegal by Federal law, but several states have recognized the benefit that the drug can have for their citizens. Because of this, the drug has been legalized by state referendum, legislation and initiatives in at least 20 states across the nation.

Regrettably, an individual can still be arrested anywhere under Federal law or even state law if they’re in possession of marijuana somewhere that it’s still illegal. This is why everyone should be prepared to fight a criminal charge if they treat their diabetes with marijuana.

Jamica Bell is a freelance writer and blogger. She contributes this article to highlight the importance of knowing state marijuana laws for diabetic patients. Penalties for DWI in New Jersey is a serious consequence for some diabetic patients using medical marijuana as treatment. Evan M. Levow, New Jersey DWI attorney, has used his vast knowledge and experience to defended countless clients charged with driving while intoxicated.

Tags: , ,

Relevant Articles

Apps to Prevent Stops for DWI or DUI

Apps to Prevent Stops for DWI or DUI


Keeping track of your blood alcohol content (BAC) can be difficult during a fun night out as alcohol naturally lowers inhibitions. Without monitoring one’s intake, drinkers can easily become legally intoxicated. While conventional charts help measure blood alcohol content, the amount of alcohol poured into a drink can vary from bar to bar, and from one beverage to another. Fortunately, technology has made it easier to keep track of one’s alcohol intake and assess one’s level of intoxication.

app Apps to Prevent Stops for DWI or DUI

Apps are mini-programs developed for your cell phone. They can be conveniently downloaded from the app store located on your phone, or to your home computer. If you are in the Florida area and planning to be out enjoying spirits, download a DWI app now to avoid having to contact an Eustis Florida DUI lawyer later.

1)  AlcoDroid Alcohol Tracker

The AlcoDroid Alcohol Tracker by Myrecek is an application for Android cell phone owners. It provides estimates of one’s BAC. It allows users to input the volume and alcohol content of their chosen drinks. The app will monitor intake and the time the user started and finished the drink. The app calculates one’s BAC from the user’s inputs and determines when one is at the legal limit.

The app also allows users to cumulatively track their consumption over a period of days, weeks and months. It provides average consumption along with maximum consumption levels. The app is available free and there is a $2.99 ad-free version.

2)  Alcohol Calculator

Pawel Nadolski’s Alcohol Calculator is another free app for Android owners. Users can input their own data such as gender and weight to achieve a more accurate reading. The app supports inputs for custom drinks and metabolic rates. Users can also select from an array of stock drinks at stock volumes.

3)  jAlcoMeter

Tuukka Haapasalo’s jAlcoMeter is another free, ad-supported application for Android users. Like the other apps, users may input their physical characteristics and the app comes with a library of stock drinks and volumes. Users may add their own drinks to the library. Drinkers can add them to the current tally as they drink or even add them retroactively in the event that they forgot a drink or two, which is a common problem with drinking apps. Users may also add comments on their drinks for later reference.

4)  IntelliDrink BAC Calculator

Raphael Wichmann’s IntelliDrink BAC Calculator is an application for iPhone owners. Users can create different profiles, making the app effective for an entire group of friends. Each profile contains the person’s height, weight, age, gender, and the frequency with which they drink. Users can select from a wide variety of drinks with specified alcohol contents and set the start time of the drink. The app also allows users to set an alarm that will notify them when they reach certain limits. The app is available from Apple’s App Store for $0.99.

These applications and many others use global positioning system (GPS) functionality. GPS is useful in allowing users to quickly dispatch taxicabs to their location in the event that they have had too much to drink, and too little time to sober up before driving. Other applications are marketed as allowing users to view the locations of local sobriety checkpoints. Such applications are legal, as prior publication is required for these checkpoints to be constitutional. However, checkpoint apps usually rely upon user contributions, making them rarely accurate.

It is worth noting that no app is a replacement for common sense and good judgment. If you feel buzzed or tipsy, do not drive even if an app says that you are under the legal limit. Under Florida law, drivers may be arrested for driving while intoxicated if they demonstrate impairment of normal faculties even if their blood alcohol content is below the legal limit.

Teresa Stewart is an avid app user, and writes to alert drinkers of new technology to help them manage their legal alcohol limits. Katz & Phillips can provide a Eustis Florida DUI lawyer to represent you in the case of a dui arrest. They will help you understand the charges and penalties, and their mission is to get you a favorable outcome.

Photo Credit: Seth Sawyers

Tags: , ,

Relevant Articles