Saturday, May 25, 2019

Some Common Defenses Of DWI Claims

Some Common Defenses Of DWI Claims

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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.



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Some of the Most Famous Photographers of All Time

Some of the Most Famous Photographers of All Time

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If you want to capture truly moving and memorable photographs, you can learn something through studying the pictures taken by famous photographers. Some of the beloved artists have passed away, but some are still pleasing people with their photographs. Here are some of the most famous photographers of all time.

  • Robert Capa –Robert Capa was just the name placed to the photos taken by Endre Friedman, who has taken lots of famous war-time photographs and felt that if one were not close enough to object, then they would not get a good photograph. Friedman was often in the trenches with the soldiers when he took photos, while other war photographers took photos from a safe distance.
  • Ansel Adams – His landscapes are eye-catching and he attains an unmatched level of contrast utilizing creative darkroom work.
  • Yousef Karsh – He has taken photos that tell a story and are more easily understood by people. Every portrait made by him tells you about the subject. Karsh felt as if there was a secret concealed behind every man and woman. Whether he captures a gesture done unconsciously or a gleaming eye, these are times when a person loses his or her mask. His portraits also communicate with people.
  • Henri Cartier-Bresson – His style has definitely influenced photography and he was one of the first photographers to use 35mm film. Fearless and daring, he captured images from some of the volatile environments in history such as the Spanish Civil War, the assassination of Mahatma Gandhi and the liberation of Paris in World War II. Cartier-Bresson normally shot in black and white.
  • Dorothea Lange – She took photos during the Great Depression. Lange took a photo of a migrant mother which is also titled by that name. This photo is said to be one of the most famous photographs in history.
  • Annie Liebovitz – Her photos describe the subject and are intimate. She does excellent photographic portraits and is famous for her work with Rolling Stone and Vanity Fair magazine.
  • Jerry Uelsman – He created unique photos with composite photographs. Being well-versed in the darkroom, he employed this skill in the composites he made. Uelsman never utilized digital cameras as he felt that his creative process was more matched to the darkroom.
  • Larry Burrows – Best known for his photo coverage of the Vietnam War, his photos were some of the most emotionally charged and iconic images to emerge of the region as well as gave the public a sight into the conflict.

Famous photographers are well known as they have made an amazing shot of a remarkable or bizarre moment that can only occur in a millisecond. Lots of people admire how in very little time, these individuals have captured astonishing happenings or events. These photographers are not only popular for their works, but also for the eagerness and passion they have shown in every photo they take. They have impressed people not only with their technical skills, but also with the emotions, social message and awareness their photos bring.

If you wish to see examples of my work, please visit my personal photographic portfolio site at http://www.photographyideas.co/ .

ansel adams Some of the Most Famous Photographers of All Time

Photo Credit: Ansel Edwards Photography (CC BY 2.0)



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Lets Have Some Fun with Tereza Kerndlova

Lets Have Some Fun with Tereza Kerndlova

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Tereza Kerndlová is a singer from Czech Republic, well known from the music trio Black Milk. Tereza represented the Czech Republic in the Eurovision Song Contest two years ago with the song called – Have Some Fun.

tereza kerndlova Lets Have Some Fun with Tereza Kerndlova

tereza kerndlova1 Lets Have Some Fun with Tereza Kerndlova

tereza kerndlova2 Lets Have Some Fun with Tereza Kerndlova



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