Monday, 28 March 2011

DUI Attorney - What You Should Expect After Being Caught For DUI?

No matter whether you have been caught driving drunk or you are being charged with the offense, you should not disregard it as something insignificant. Depending on the laws at the time of your citation and the adjustments that can happen, you could wind up facing serious consequences. Stronger consequences and laws are now being enforced by the states every year and you probably will end up paying a sizable fine or even be taken into custody. Furthermore, your license may be suspended and you could end up with a criminal conviction if anyone was injured during your incident. All of these can seriously affect your opportunities for employment in addition to your future plans. Having a experienced DUI attorney makes all the difference to ensuring your case proceed smooth helping you come out in the best possible situation.

If you have been pulled over for DUI and are looking for a good DUI attorney, you can always check online to review a number of attorneys backgrounds, qualifications, experiences, previous case histories and more. A San Diego DUI attorney advised to choose one according to their experience and recent cases as this will ensure they are up-to-date with the latest DUI laws. If they are members of the NCDD then it is all the better.

A Lawyer dedicated to focusing primarily on DUI cases in your county will definitely be much more qualified to handle this type of incident over an inexperienced attorney who has not successfully managed such cases previously. Experienced DUI lawyers may be able to have your charges reduced, protect your license and sometimes can have them dismissed completely. This is not to say they advocate the practice of driving under the influence, rather you will often be required to attend alcohol counseling.

A DUI attorney will be suited to handle the case and also will assist you if you are facing a substance abuse problem. A local San Diego DUI lawyer confirmed that your honesty with your lawyer will remain sacrosanct as it is a point of client confidentiality. If your case is criminal or homicidal recklessness then your attorney will be able to advise you on the repercussions of those charges on your life in terms of employment, future goals and more. If you are guilty of a serious drinking problem you will often be required to attend a mandatory alcoholic program or enroll into rehab. If there is personal injury involved, the attorney can be entitled to charge a bulky fee which is due to the more complicated proceedings involved.

You should always discuss the rates and payment details ahead of time with your attorney. If you need to give a substantial deposit, you need to discuss why and be able to pay. If you are certain of having found an experienced attorney it will likely be worth it as an effective lawyer may very well be able to get you off the hook. However, it will ultimately be your decision to make the effort to change your habits and stay off the wrong side of the law.

San Diego DUI Lawyer

A San Diego DUI lawyer and defense team are used to describe the team of attorney's, paralegal's, and other professionals that come together to defend you from a DUI or drunk driving related offense here in San Diego.

San Diego has one of the highest rates of DUI arrests in the nation for the population size. The city has dramatically stepped up DUI patrols and checkpoints in the areas known for a 'party' type atmosphere. Some speculate that the increased vigilance on DUI enforcement has been due in part to San Diego's fiscal difficulties. It is known that the city is in a bit of a financial bind and looking for ways to bring in more revenue.

Anyway you look at it, if you're arrested for a drunk driving charge you'll want to ensure that your San Diego DUI lawyer and defense team has experience fighting and winning cases here in this city. San Diego has a lot of different DUI firms who do a lot of advertising so choosing the right defense team can be a difficult task. We'll discuss how to decide which DUI lawyer to represent you.

First, you'll want to ensure that the DUI defense team you select will actually end up being the same team working on your behalf... beware of the 'bait and switch' tactic where you think you're getting the lawyers with the great reputations- but then you end up with a brand new bar admitted lawyer with no real experience handling your case after you agree to allow the firm to represent you. To avoid this simply ask them during the initial consultation who will be physically be handling this case. Make sure you speak with whoever that is.

Next, you'll want to make sure that the DUI lawyers you select have experience working with the San Diego District Attorney's office and more importantly they have a great working relationship with the San Diego District Attorney's office.

Last thing to make sure is that the firm only handles DUI cases here in San Diego and no where else. Make sure that that they spend their time here in SD; so that you know they have good relationships and experience.

San Diego Boat Accident Lawyer - Will a Limitation Action Sink Your Boat Accident Case?

Maritime law is the law of the sea. Maritime law is very, very different from California State law. One of the peculiar parts of maritime law is the Limitation of Liability Act. Under the Limitation of Liability Act, if certain factual prerequisites are met, a shipowner can limit its liability for a accident to the value of their vessel.

Stated differently, if you are seriously injured in a boat accident your recovery may be limited to the value of the boat that caused your injuries. Which, quite obviously, may result in you not being adequately compensated for your serious boat injuries.

The Limitation of Liability Act

The Shipowners Limitation of Liability Act of 1851, ("the Act"), may limit the liability of the owner of a vessel to the value of the vessel. This is a unique maritime principal. The Act limits a vessel owners' liability for claims, arising from acts performed by a ship's crew without the owner's knowledge or privity, to the owners' interests in the ship.

Meaning the value of the boat or ship and its cargo. If the ship's value is insufficient to satisfy all claims, the Act provides for equitable apportionment among the claimants.

Vessel owners must either file a Limitation Action in federal court or raise it as a defense. Vessel owners must file a petition to limit liability in the appropriate federal district court within six months after a claimant notifies an owner of a claim. For purposes of the Act, the charterer of any vessel is deemed to be an owner.

A Limitation Action can literally draw your case into federal court. The proceeding is before the admiralty court. The Act provides for all claims against an owner to be aggregated and decided at one time. It prevents multiple claims against a vessel owner. Limitation actions are equitable proceedings.

"What Does This Mean To My Boat Accident Case?"

As a practical matter a Limitation Action can limit your claim to the value of the vessel that caused your injury. This may not be a problem with a cruise ship. It can be a huge problem with a PWC or a ski boat when there are serious injuries or death. The doctrine is very harsh and unfair. It is usually strictly construed.

The Limitation Act requires strict compliance. A proactive seasoned maritime attorney can sometimes defeat a Limitation Action before it is even filed. One way to defeat a Limitation defense is to marshal the evidence such that you can prove privity of the owner of the vessel. That is, the owner of the vessel knew or should have known of the vessel's dangerous condition that caused the injury.

In a boat collision case, when the owner of the vessel is driving the vessel, then a Limitation Action would not apply in most, if not every, situation. Because the owner would have privity of the way he or she was commanding the vessel.

Limitation of Liability Act Case Studies

Mission Bay, San Diego - Boat Pulling Water Skier Collides With a Fishing Boat

The owner of a ski boat was water skiing while being towed by a friend. The friend was operating the owner's boat. The ski boat was going the wrong way on Mission Bay, San Diego, California. The ski boat was not going in a counter-clockwise rotation. The boat operator was watching the skier and plowed into a small fishing boat, severely injuring three middle aged women.

The ski boat owner filed a Limitation Action. The Action was defeated because the owner of the vessel was being pulled as a skier and he could see that his friend was not following the proper counter-clockwise rotation on Mission Bay. Thus, he had knowledge of the acts that were a cause of the collision.

Mexican Waters - Passenger on a Charter Sportfishing Boat Slips Down Ladder

A passenger on a Charter Sportfishing boat was on a four-day fishing trip to Mexican waters. The passenger slips and falls down a steep ladder into the galley. The Limitation defense was defeated by proving the non-skid on the ladder had been worn smooth for months, if not years, before the passenger slipped on the ladder and was seriously injured. There was plenty of time for the owner to have learned of the dangerous condition before the injury incident. Thus, there was privity (i.e.,knowledge).

Catalina Island, California - Charter Sailing Boat Sinks Due to Electrical Problem

An electrical fire starts on a 54 foot Chartered sailing vessel while cruising off Catalina Island. The Captain and 11 passengers abandoned ship. Two of the passengers drown. Litigation discovery reveals months before the sinking, a mechanic had recommended fixing the electrical problem. The owner had try to conceal both the mechanic and the previous electrical problem. The insurance company settled soon after the concealment was uncovered.

Colorado River - Yuma - 16 Year Old PWC Operator Hits Teen on Inner Tube

A 16 year old is operating a personal water craft on the Colorado River, north of Yuma. The PWC clips a teenage girl floating on an inner tube. The teenage girl is seriously injured. The owner of the Jet ski did not require the 16 year old to read the manual nor the PWC's riding instructions for novices. The owner had given the 16 year old less then 3 minutes instruction on how to operate the PWC before allowing the teenager to ride unsupervised. The insurance company for the owner paid the policy limits.

Conclusion

If you were injured or had a family member killed in a boat accident that occurred in navigable waters you need to expect and plan on having to defeat the Limitation of Liability Act. Your California maritime attorney should be proactive in planning for and defeating the Limitation Act defense.

Disclaimer:

The foregoing is not legal advice. I am simplistic in order to achieve clarity. Your situation may differ from those being described in this article. The foregoing case studies are not meant to represent any particular case or situation. Any resemblance to any actual events or cases are purely accidental.

Get a DUI Attorney in San Diego to Avoid DUI Arrests

Driving under the Influence or DUI is a very serious offense. If you are arrested under this citation means that you have failed either a field sobriety test, or urine, breath analyzer or blood alcohol level test given by the police. A DUI conviction means that you will either serve time and pay a fee and have a permanent record which is something we don't want to have.

DUI arrests have been rampant especially in California where the best mode of transportation is by car. The wide highways and long distances, as well as easy access to vehicles, make it both a nice place to drive and an easy target for cops to look for suspicious moving vehicles. Those that seem to swerve or are moving too quickly will easily be pulled over and from that moment on, the driver may be grilled about his driving methods and perhaps asked to take a field sobriety test. What many don't know is that a field sobriety test is something that is voluntarily done and those who are aware of this situation may refuse to take the field test. If asked to, the driver may take another form of test. One may take the breath analyzer test or the urine test. These tests may have its form of inconsistencies as well. If a person has burped or regurgitated, he is allowed at least 15 minutes before taking the breath analyzer test. This is to insure that the test is not tainted as acids from the burp may affect the test. Also, the urine test may also be not as reliable and may not be upheld in court.

San Diego for instance has around 16000 cases of DUI instances being held every year. This city is notorious for having a high amount of DUI cases because of its proximity to the Mexican Border and in that instance, there is an assumption that those Americans coming from the border, especially in the early mornings or after long weekend, may have had one drink too many. In such instances, finding a DUI attorney in San Diego is the best option for those who are arrested. A specialized DUI attorney from San Diego knows the ins and outs of such an arrest and is a great resource for anyone arrested from getting convicted. These attorneys will look into the procedure and process of how the evidence was obtained and may find something that may be of use in your defense.

It is always better to be sober and avoid drinking altogether before driving and if you do drink, make sure that there is enough time before you sober up.

San Diego DUI Lawyer Can Get Your Charges Dropped With Technicalities

Last summer and during the Labor Day weekend, there were around 1097 driving under the Influence arrests made based on the statistics of the California Avoid Program. What was also interesting that during that time there were no DUI fatal collisions. This goes to show how important and effective police enforcement is regarding DUI. Though the highways are great to drive in with its wide roads and easy access, they also can be dangerous as cars go on high speeds and any person driving under the influence is potentially a killer. For this reason a DUI misdemeanor arrest is the lesser of a DUI arrest with a felony charge of murder in cases of a fatal collision.

San Diego has its share of DUI cases in the courtroom averaging 15000 a year. Its high rate may come especially from those who crossed the border during a long weekend or holiday and are rushing back not quite sober as they hoped to be. Still, with the arrest, there is a chance of some of these defendants in pleading their case especially if there is a good San Diego DUI lawyer around who takes their case. Why a local hire? Perhaps its is because of their knowledge of the local scene especially with the police enforcement and the local courts, that they may be able to get you out and have those charges dropped, especially on technicalities that they are familiar with. Some of them are:

- Were you told of your rights when having the test? The field sobriety tests are voluntary and you have a right not to take the test and may opt for the blood alcohol test, breath analysis test or the urine analysis test instead. If you were not told that the field sobriety tests were voluntary, you may have a good case.

- Do you have medical condition that may taint the breath test? Having bad breath or dental problems may actually hold alcohol in your mouth that may contaminate the exam. If you have an acid reflux syndrome problem or a gastro esophageal reflux condition, this can also be a condition exempting you from the breath testing

- If you were talking cough drops or even altoids and strong mints when the breath testing was done, this could also affect the test results and show higher alcohol results

Though hiring a San Diego DUI lawyer may cost some money, at the very least you get a fighting chance in defending yourself against a DUI conviction which will leave a permanent spot on your record and may make you lose your license for 6 months. You may even have to spend some time in jail and pay a fine.

The Curious Case of Rape and Consequent Defense

In San Diego, the laws are stricter than many other nations. If anyone is found guilty then the accused may have to serve prison for up to 8 or 13 years or a maximum fine of $10,000 and sex offender registration for life will be levied. To avoid such a situation a Rape Defense Lawyer San Diego would prove to be very helpful.

Contacting a Rape Defense Lawyer San Diego should be instant if there have been accusations on any individual. To protect the interests, freedom and future of the accused, the attorney will prepare a defense strategy and work towards protecting the rights of the accused. The selection of the lawyer should be done only after a brief research. The defense lawyer must have a good track record and some success in his or her name.

The San Diego law has a defined law for a rape case and decides on the penalties for this sexual offense. Engagement in sexual intercourse under the following situation will shift the case towards a rape case-

• An intercourse has happened against the victim's will or without the victim's consent; and

• There has been a sexual intercourse by means of force, violence, duress, menace, fear of bodily injury, fear of retaliation or fraud

The case of rape in San Diego is just not limited to unmarried females. There are different offenses related to the specific rape charge that a Rape Defense Lawyer San Diego may have to solve. This includes

• Spousal rape- which is the rape of one's spouse

• Date rape- committed against an acquaintance or person the accused was dating

• Statutory rape- involves sexual intercourse with a minor

In the cases of rape, the investigation procedures may include:

• Thorough check up of the credibility and validity of any witnesses

• Proving wrongful accusations or mis identification

• Exhausting all possibilities for gathering and evaluating DNA evidence

Experienced criminal Rape Defense Lawyer San Diego works with forensic specialists, lab technicians and psychologists in order to evaluate the accuser's case in details. The prosecutors tend to take such crimes seriously because there are good chances for the person to be defended.

The Credentials of Any Good San Diego Criminal Defense Lawyer

The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don't want someone "practicing" or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.

The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn't necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.

You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.

You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.

Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.

In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn't up to the task you won't find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don't ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: "Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?" You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.
 
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