What a Speeding Ticket Attorney Can Do For You

Saturday, June 26, 2010

No one likes to get speeding tickets. They are annoying. They are time consuming. They hurt your wallet when you have to pay the fine and if/when you have to pay increased insurance premiums. And you've heard that they can be beaten. And a Google search of how to beat a speeding ticket returns millions of results. So how is it done? Bottom line, most people get a traffic ticket attorney to help them out.

But what do speeding ticket attorneys do that a regular old person can't do? Aren't speeding tickets the bottom of the barrel when it comes to lawyering? And isn't any attorney who works on speeding tickets a bad attorney outright? It seems like if they had any skills at all they'd be doing something a little more high stakes.

The short answer is, traffic attorneys are usually pretty good attorneys, and they take their craft seriously. Just like in any industry there are some good ones and some bad ones, some that work hard and enjoy winning cases, and some who are more concerned with collecting fees. But in the end, having a lawyer on your side to fight your speeding ticket can make a huge difference in the outcome of your case, which usually ends up being a dismissal or a finding that the violation wasn't committed. So, how do they do it? Short answer: they lawyer up just like the guys who are doing multimillion dollar litigation and murder trials.

Most speeding ticket attorneys that I know work a case from top to bottom examining the following three topics: (1) procedural violations; (2) radar maintenance and requirement violations; and (3) substantive violations. Each presents its own opportunities for dismissal or finding of non-committed. And the reason they are done in this order is that the violations in the first category are easier to find and completely destroy the legitimacy of the ticket. When you get into category three, one starts to get into more of a gray area that may or may not result in a non-committed finding.

Procedural violations, as they sound, deal with cops, the prosecutor, and the courts following the rules they are required to follow in traffic infraction cases. Although these are easy to check for a speeding ticket attorney, for most people (i.e. the untrained eye), these would never be caught. And I could try to list all of these, but it would take too much time and would probably be pretty hard to understand. If you find a procedural violation, though, the result is a dismissal of the ticket outright.

Radar maintenance records and maintenance requirements are the second avenue a traffic ticket attorney usually proceeds down to get a speeding ticket dismissed. Because radar is often the method of catching most speeders, evidence of the radar used must be presented into evidence to get the reading of the radar admitted into evidence. And because the radar is a scientific machine that utilizes scientific information specific things must be presented to the court so it can be satisfied the machine does what it is supposed to to and was doing what it was supposed to do on that particular day. Like procedural violations, a violation here results in dismissal of the case (although here it is because the evidence is excluded from the hearing).

And finally, if avenues one or two don't work out, the third avenue is to determine if there is enough evidence present to allow the court to make a finding of a committed infraction. What this usually means is checking the officers report for mistakes or omissions that make the ticket unenforceable. Again, this goes back to lawyering - making sure they can make the case against your client stick. And often something can be found here to at least make a convincing argument.

In the end, speeding tickets are something that can be beaten. And though it is possible to do it on your own, the skill and expertise that a lawyer brings to the table greatly increases the likelihood of victory on your part. So, the next time you get a traffic infraction, consider hiring a speeding ticket attorney. It could mean the difference between winning and losing.

What Are the Types of DUI Tests That Can Be Used Against You?

Wednesday, June 23, 2010

Driving under the influence is a common offense in any State. Often, DUI has caused serous injuries to other people on the streets and sometimes often lead to death of innocent bystanders. The traffic officers have been very vigilant when it comes to apprehending drivers intoxicated by alcohol or even drugs. Anywhere you go, you can see that highway patrol officers are always on the lookout for these felons.

When an officer apprehends you and would like to see if you are DUI, do not hesitate to let them administer tests on you, this is done to be certain whether you are indeed driving under the influence. There is no need to worry, when a police officer pulls you to the side of the road, since they would not do anything to you unless they can find out for themselves that you are not DUI, and you can go on driving until you reach your destination. Police officers administer certain tests to find out if the driver indeed is not intoxicated with alcohol. These tests include a Breathalyzer, Intoxilyzer, and an Alcosensor.

A Breathalyzer estimates the blood alcohol content of the body, or simple BAC. All a driver must do is to blow some air straight onto the device, it would automatically read the content of your breath and if you pass the required amount then you are just free to go. On the other hand, if your breath reflects an excess of the required BAC, then you are in a bit of trouble. These testers are really sensitive to temperature, and sometimes give false readings which would really work against you. So instead of not having any alcohol detected, you could be charged with DUI.

An Intoxilyzer also works like a Breathalyzer. The name itself sounds really formidable however problems have surfaced in relation to the use of this device in testing for DUI offenses. A court in Florida found an anomaly in the operation of the Intoxilyzer that stems from the software that controls it. Hence, this could not be made as a reliable source that would convict you of DUI.

The Alcosensor is another breath testing device that would determine whether you have an excessive amount of alcohol in your system. This device however is not passable as evidence in court to convict you of a DUI charge. There are cases where cops use this device to apprehend you immediately, but when it comes to actual evidence that would be presented in court, the results of the Alcosensor could not be countenanced.

Ways to Avoid an Arizona DUI Charge

Sunday, June 20, 2010

Arizona DUI with prescription medications on the rise

In Phoenix Arizona, did you know you can get an Arizona DUI without being drunk, or having had any alcohol at all? It's true. You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication. Arizona imposes harsh penalties for any type of DUI regardless of if it is alcohol or medication related.

According to recent news agencies (source Arizona Department of Public Safety Laboratory ) report Arizona arrests + 377% surged in 2009 over from 2001 due to charges of DUI linked to legally prescribed medications such as Valium and other psychoactive drugs to treat muscle pain, anxiety or insomnia. Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to toxicology testing with blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severity of the DUI charges will be based on how much of the substance was found in your body based on the results of toxicology testing.

Punishments can include fines, fees, and incarceration. For example, Arizona DUI laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or misdemeanor Arizona DUI charge. This will increase quickly to 30 days for an Arizona extreme DUI, then 45 days for an Arizona Super Extreme DUI. The maximum jail sentence for any single misdemeanor DUI charge in Arizona is 180 days.

It can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys. You and everyone else will have piece of mind and be a lot safer on the road.

Public Records Check - Search Public Records the Easy Way

Friday, June 18, 2010

A public records check can be a miserable experience, but it doesn't have to be. The reason that it's miserable, or potentially so, is that public records are government records. If you've had the misfortune to deal with the government for, well, anything, then you probably understand what I'm talking about. Trying to search public records can be a headache.

Because of the way our government functions, the records system is a mess. Things are sometimes in paper, sometimes available digitally, and there's no particular rhyme or reason to which you'll get. On top of this, you have apathetic employees that aren't really inclined to help you.

And that's if the records still exist. Over the years, lots of stuff gets lost, or destroyed, or just doesn't appear to exist. If you're going to try and do a public records check, then you should probably a lot of nice chunk of time to do it. But that's only if you do things the hard way.

The Hard Way

o Try and figure out what office has the records.

o Try and figure out where the office that has the records actually is.

o Try and figure out what the hours of said office are.

o Go to the office

o Dig through the dusty records and hopefully find them.

o Copy relevant information

o Start back at step one for any additional information

Or, you can try it.....

The Easy Way

o Log onto your computer

o Head to a site where the information is compiled

o Pay a small fee

o Get the information

Yes, the easy way really is that easy. There's no real need to do the legwork associated with the hard way. If you need to do a public records check, I know which one I'd choose, but you might like breathing in dust more than I do.

Fake Identification

Tuesday, June 15, 2010

The legal drinking age in the United States is 21. Because it is so high and so many people have friends who are older, procuring a fake id has become a popular way of allowing a minor entry to the same places his or her friends go. While it's generally not done out of maliciousness or any attempt to commit a real crime, using a fake id, and even creating them, falls under the field of identity document forgery.

Identity document forgery is the process by which identity documents which are issued by a governing body such as a state or country are copied and or modified by an unauthorized individual. Commonly forged items include driver's licenses, birth certificates, social security cards, and passports. Driver's licenses have historically been forged or altered to conceal the fact that the holder isn't old enough to buy alcohol or some other controlled substance. Social security cards are forged for identity theft schemes or to defraud the government. Passports are forged to evade restrictions place on entry into a particular country. For example, Americans are not allowed entry into Cuba but individuals carrying passports from other places may be allowed entry. An individual that really wants to go to Cuba might forge a passport from another place.

Fake identification cards are frequently used for identity theft, age deception, illegal immigration, and organized crime.

Many people think that a fake id is well worth the risk of getting caught. The sites that sell fake ids talk about how real they look and frequently will provide some sort of guarantee regarding not getting caught. While this is all great, many people do get caught. In many instances, getting caught with a fake id results in more than a slap on the wrist.

Getting caught with a fake id frequently results in being charged with a misdemeanor. The penalties include jail time, fines, community service, and suspension of the person's real driver's license. Having the fake id is just one offense. Just by possessing the ID, the person opens him or herself to a variety of other crimes. These crimes include possession of alcohol by a minor and providing alcohol to minors. While they are "only" misdemeanors, they still go on a person's criminal record.

In addition to causing problems for the person caught, the person that made the ID will likely get in trouble. For more information on all crimes that are related to alcohol, please visit http://www.dallas-dwi-lawyers.com

Three Things You Should Do If Pulled Over With Illegal Drugs in Your Vehicle

In a perfect world, nobody would be carrying an illegal drug anywhere at any time. In your version of perfect this may be because all drugs are legalized or it may be because nobody takes illegal drugs. Either side of the fence that you stand on, the harsh reality is that this is not a perfect world. There are illegal drugs, people do take them, and if you are one of them, there is always a chance that you might get caught with them. Depending upon where you are, and whether it is the first time that this has happened, there can be some pretty stiff fines and penalties for this. It is best to know ahead of time what you would do if you were caught.

The place that you are most likely to get caught with illegal drugs would be in your car, during a traffic stop. If you are pulled over for any reason, and you have illegal drugs in your possession, it is important that you be aware that a police officer does have the right to search your car. Just cause can be construed out of just the way that you are acting. Cops are entitled to act on behalf of the greater good of the citizenry, and if that includes following through on a hunch that you are acting suspiciously, then they can do that. Much like a parent can tell when a guilty looking child is up to no good, a police officer is trained to be on the lookout for suspicious behavior.

If you are being pulled over because you are driving erratically, and you have illegal drugs in your vehicle, the odds are that you are going to be leaving the side of the road in bracelets. If on the other hand you were speeding or have an expired inspection or a broken tail light or something like that, then you have much better chances of getting away with it. The most important thing that you can do is to remain calm and respectful. Do not give the officer a hard time about producing your license, registration and insurance. Try to be patient, and know that the officer is just doing their job.

You should know that feigning ignorance over the presence of illegal drugs in your vehicle does not remove the guilt. As the operator of the vehicle, you are responsible for anything that goes on inside of the vehicle. Even if you did not know that the drugs were there, you are still responsible, and will need an attorney.

Is Hiring a DUI Lawyer Required?

Monday, June 14, 2010

Driving under the influence (DUI) is a serious crime which is seen in every nation in the world. The penalties, however, deviate from region to region. The crime of DUI is committed by driving a motor vehicle under the influence of alcohol or drugs. For a person who commits this crime, there will be a lot of legal troubles in store for him or her. Such an individual who is under the influence of alcohol or drugs is not just a terror to himself or herself. He or she also poses a menace to other innocent people too. Due to the DUI state, the involved person may also get the attention of the cops and be pulled over. He or she may be put through to a breathalyzer test or a number of sobriety tests. If the person fails to pass these sobriety exams, he or she may be held for driving under the influence (DUI).

If you are such an individual and are captured for DUI, there is no way that you will be able to get out of this wreck on your own. Until you know about the DUI laws and rules and are familiar with the way these kind of things work. Most of the individuals who get captured for DUI are no experts in this field. As a result, they will be unable to find a answer to their trouble. To make it darker, there are some organizations and groups that are making it worse for the accused. They are lobbying for tighter rules, harsher penalties and larger fines. There is a lot of trouble in store for someone who has been captured for DUI. In such a situation, you will need a continuous hand to help you stand up. There are many DUI lawyers available who can offer you this steady hand.

One of the first matters that must be done is to get the get the assistance of a professional and highly qualified DUI lawyer to manage your case. The DUI lawyer represents the person who has been charged with driving or operating a motor vehicle under the influence of either alcohol or drugs. If a person is seen to have consumed surplus amounts of alcohol, he or she is charged with DUI. There have, nonetheless, been cases where a person who had not crossed the limits had been arrested. The DUI lawyer functions as the attorney of the charged, and therefore he or she will take care of everything: from the start to the finish. There is absolutely nothing to worry about. The DUI lawyer will assist you along every step on the way.

The only solution to your problems is to get an excellent and able DUI attorney. This is the only means by which you can beat the system. It will help secure your release from jail. Posting a bail may also be needed. But there is no need to worry as all of that will be looked after by your DUI attorney. You need to stress on your defense against the charges. You will not be alone in this task. Your DUI attorney will be at your side and will aid you in taking the right actions and putting up a complete defense.

Know in Advance What to Do During and After You Receive a Traffic Ticket So You Beat the Ticket

What is a motorists worst nightmare? One might say that nothing could be worse than being pulled over and issued a ticket for a speeding or other related traffic violation. To add insult to injury, no driver likes to find out that they are going to be fined and lose some points off their license. This is also a real threat to anyone who has only a few points remaining before they lose their license completely. To avoid that and possibly even avoid having to pay a fine thanks to the ticket being dismissed, here are some tips to help you beat a speeding or other related traffic ticket.

The first and most common sense thing to do is relax and admit to nothing. When you are pulled over, comply with the police officers request. Place your both your hands on the wheel so that when they approach they are as relaxed as possible and can see that you are not going to cause trouble. Admit to nothing. It is a very common trick for police offers to try and get you to confess to speeding or whatever reason they pulled you over for. If you do this, then the case is closed. You will be unable to fight any ticket they issue you. Simply answer their questions and play dumb. With some luck they might let you off with a stern warning.

If you aren't lucky enough to get off with a warning, then the next thing you'll need to do is take it to court. This might sound a little drastic, but the good news is that taking any traffic violation to court is an easy way to win and over it dismissed. You won't be fine or lose any points. How is this possible? Depending on the state you are in, it is common for police officers to not turn up to court cases for minor speeding related crimes. If the issuing officer does not show up, the ticket will be ripped up and you will have won the case.

Using the tips above you will discover that it is actually possible to fight traffic tickets and win. Before you take any case to court, always be sure you know the facts and where you stand. With some luck you may find that the officer who gave you the ticket is too busy anyway and your case is thrown out.

Two Ways to Carry Out a Background Check on Anyone to Protect Yourself and Your Business

Hiring a new employee? Do you perhaps have a new property that you want to rent out? You've spent the time looking around and interviewing applicants and think you've found the right person. Everything goes great until a few weeks down the track and you discover that they've cleaned out your apartment and all the new furniture you just put in or they've stolen right out from your business bank accounts. If only you had known about background checks, you would have saved thousands of dollars. Hopefully this hasn't happened to you, so here are two ways you can carry out checks on people.

The first solution is to do the check yourself. Head on down to your local police state and ask about enquiring into the criminal records of the person you want to run the background check on. You may be lucky and find that the records are available or the paperwork required to get them doesn't involve too much work. Just be aware that you may have to do a lot of running around and filling out paperwork before you can run a background check yourself. Luckily there is a much easier option.

The best way to run a check is with a click of your mouse button. Your mouse? Yes, there are now many websites online that offer you the service of carrying out background checks on anyone you like. A wide range of information is available and includes but is not limited to criminal records, court records, birth records, property records, address history and much more. This makes it easy to investigate people and protect not only your business but also yourself from would-be criminals who are planning to take advantage of you.

What is your personal and financial safety worth to you? In an ideal world we'd like to think that everyone has good intentions is not out to cause other harm. However, the truth is that there are many people who try to take advantage of the good nature found in people and exploit it for their own financial gain. This is even more so when you hire someone or bring an outsider into your life. Background checks shouldn't be needed in an ideal world, but the sad truth is we don't live in a perfect world. The only way you can protect yourself and your family from strangers that you let into your life is to make sure you have thoroughly checked out their credentials, history and any criminal records using a background check.

The United States Criminal Appeals System

Saturday, June 12, 2010

No criminal justice system is perfect. As hard as the United States legal system strives to prevent innocent men and women from being wrongly convicted of crimes, incorrect verdicts can, do, and will happen. The appeals system is one of the many precautionary measures against such mistaken judgments.

Though appellate courts have impressive judicial powers, they do have one important limitation: they can only step in when someone files an appeal; regardless of how unfair or bungled a trial may have been, if no appeal is filed, the appellate court cannot take action.

Authority of Appellate Courts

In the appeals process, appellate or "higher" courts, have the authority to affirm, reverse, modify, and/or remand the verdicts handed out by trial or "lower" courts.

- Affirmed - means that the appeals court found no error in the lower court's handling of a case and agrees with the decision reached.

- Reversed ­- means that the appellate court did find error in the lower court and has decided to contradict the ruling entirely.

- Modify - appeals courts may also change certain portions of a trial court's judgment as they see fit.

- Remand - an appellate court may also send a case back to the lower court for reconsideration, usually with guidelines to direct the decision. This option may be ordered in addition to an affirmation, reversal, or modification.

Despite their significant powers, appellate courts will, in most situations, limit themselves to evaluating the procedures of the lower courts; that is, they will review the way a lower court handled a case, but only rarely do appellate courts deal with findings of fact established at trial.

In fact, despite the term "appellate court," appeals are handled very differently from the common concept of a trial. The appeals court is more concerned with how results or verdicts were determined than with what the results or verdicts are. It would take egregious error during a lower court trial for an appeals court to step in with a de novo ruling - one which changes or reverses even the findings of fact made by the lower court.

Eligibility for Appeal

A convicted defendant has an almost unlimited right to appeal in the United States, except when the conviction occurs as the result of a guilty plea, in which case special permission is required for an appeal. The appeals system operates in a hierarchical system; each court has authority over the decisions of the courts below it. The highest court is the US Supreme Court, whose decision is final.

On the other hand, prosecutors are generally unable to appeal a verdict of not guilty. The double jeopardy clause of the US Constitution prohibits prosecutors from trying a person twice for the same offense, thus ruling out the possibility of an appeal.

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DUI Charges

Thursday, June 10, 2010

DUI charges are incurred when a person is caught drunk driving. It is a record that the person has been charged with an offense - but it does not necessarily mean that they were found guilty. If a person is the found guilty, it will be entered into their criminal record and become a public record.

The record of a charge is kept by the police, as it will be useful in future investigations. So it is useful, but in itself it proves nothing.

So, what leads to DUI charges? To be charged, a person needs to be driving under the influence of alcohol. This means that the individual has consumed a quantity of alcohol considered to be sufficient to impair his or her judgment, and is driving a vehicle. It is important to note that the person's driving can be perfect, and they can still face this charge.

This happens when the police press "par se" charges. They can only do this if there is a record of a person's blood alcohol levels, so other tests do not count.

Following a successful conviction for DUI charges, many first time offenders will be required to attend AA meetings or special classes. In some cases, a breathalyzer may be attached to their car's ignition to prevent the car from starting when they have consumed alcohol.

As a criminal conviction enters into the public records, it is possible for people to search for and find DUI charges. Usually, this would require them to contact the local courthouse where the offense was tried. However, there are websites that allow us to search for this information nationwide. m your record.

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How Can I Check Someone's Driver's License Records?

Tuesday, June 8, 2010

There are quite a lot of reasons why people check for someone else's driver's license records. One popular reason is employment. Another reason might be a private investigator doing a comprehensive background check.

Regardless of the reason, it is nearly impossible for you to get a person's driver's license records unless they provide you with a written permission. However, if you have a valid reason, such as checking someone's driving records before you employ them, then you will need to fill out a request form called the Requester Release and Affidavit of Intended Use. There are specified criteria here that you should qualify for in order for you to request for the record.

If you meet the criteria, then you will need to fill it out and send it to your local Division of Motor Vehicles office. Here are some of the criteria that you should be able to qualify for in order for you to request for someone else's driving records.

The first is that the record should be requested by a government agency, including law enforcement agency. Another is that is should be by an agency charged with motor or driver vehicle safety insurance.

It can also be obtained by a business which will use the information to verify the accuracy of the information submitted by certain individuals to prevent fraud.

These are the things that you should remember about checking someone's driving records. As you can see, you first need to have a valid reason and you also have to qualify for the criteria stated on the Requester Release and Affidavit of Intended Use.

Now if you need to check driving records as part of a background check, there are other ways to do so. For example, if a person has been convicted of a driving related crime, such as driving under the influence (DUI) or reckless driving, the records may be part of the public court records and would easily be obtained in a public records search.

Public record searches can be done in a variety of ways. If you knew the county the person resided in or may have committed a driving related crime in, you could visit the courthouse and search records yourself. As you can tell, this could be a tedious process, but it should not cost you anything.

A more realistic approach is to conduct an online background check. There are a number of sites which will do this for you. All you need is some information, such as the full name, address and age of the individual. you can then run a background check on the individual. This will not tell you traffic crimes, like speeding or parking violations, but it will tell you the serious stuff.

You can also hire a private investigator. He or she can probably find out the detailed stuff as well as the traffic misdemeanors. This can cost you up to $200 or so depending on the difficulty level of the search.

If you just need to check your own driver's license records to ensure accuracy, you are legally entitled to do so. You just need to visit your local DMV for instructions. It may cost you a minimal fee.

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What Makes A Good DUI Lawyer?

Sunday, June 6, 2010

There are thousands of DUI lawyers out there. The question is this--how do you know if you have a good attorney who can give you a fighting chance of winning your case. A good lawyer minimizes on his or her mistakes while capitalizing on the mistakes of others. Let's look at the mistakes your lawyer must avoid and the mistakes they can benefit from.

Mistakes Your Attorney Should Avoid

You may think that all lawyers are pretty much the same. Think again. The same case tried by two different attorneys may have very different outcomes. An experienced attorney will find holes in the prosecution's case that an inexperienced attorney may completely overlook. The best advice is to get a lawyer who specializes in drunk driving cases instead of one who is simply capable of handling them. If you do get someone who isn't an expert, be sure they are getting the assistance of experts who understand the nuances of drunk driving laws.

That being said, here are some sure signs you need a new lawyer:

If your lawyer immediately looks at your case and recommends you plead guilty, this may be the sign of a poor lawyer. An experienced lawyer will go to the scene and make sure the conditions were appropriate for a sobriety test. The test must be performed in a specific fashion and many police officers perform the test incorrectly. Also, the machine could be improperly calibrated or simply out of date (in terms of certification). Your lawyer should be willing to dig deeper than surface evidence.

Also your attorney shouldn't try and paint the police officer as a liar. People don't want to hear that someone as trustworthy as a policeman is lying. It's better to simply prove that the officer made an honest mistake.

Your lawyer should also be willing to fully explain the consequences of entering a guilty plea. You could lose your car, your license, and be fined or thrown in jail. Furthermore, a conviction goes on your permanent record for all to see, not to mention it increases your insurance rates and limits your ability to travel overseas.

Mistakes Your Attorney Should Capitalize From

The arresting officer in your case may have made numerous mistakes which your attorney can use to tip a case in your favor. If an officer pulls you over on suspicion of DUI, they must have probable cause and be able to tell you what that cause is. If they perform the test where you must walk a straight line, they must do so on a non-slippery, level surface where the line is visible. If they make you stand on one leg, you're supposed to be less than 65 years old, no more than 50 pounds overweight, and have no medical condition which would prevent you from performing the test. Finally, you can not be detained for an unreasonable amount of time. Any of these mistakes can result in a dismissal or even a successful motion to suppress the evidence hearing.

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Arizona Child Custody Lawyers

Friday, June 4, 2010

Child custody is a major proceeding involved in divorce cases. It is done to determine who shall have custody of the child or children. As child custody cases are rather sensitive issues, it is always advisable to hire an efficient child custody lawyer.

Child custody laws in Arizona are similar to those in other states. The Arizona court laws decide on child custody according to the child's best interests. Other factors considered by the court include the wishes of the parents, the interaction and interrelationship of the child with the parents, and the degree to which the parents have compelled the child in the child custody agreement. The child's adjustment to home, school, and community as well as the mental and physical health of all individuals involved are also discussed.

The court has the right to order either a sole custody or a joint custody agreement. Joint custody shall not be awarded if the court finds the existence of significant domestic violence or a history of domestic violence. Unless restricted by court order or law, both parents are entitled to have equal access to information concerning the child's education as well as physical, mental, moral, and emotional health, including medical, school, police, court, and other records.

Arizona child custody lawyers insist on all possible legal rights for children and guide them through a suitable course of action. Effective, concerned, and at times aggressive legal representation is essential to obtain a suitable verdict. Only thorough, preventive estate planning with the assistance of child custody lawyers can protect a family and ensure that assets are inherited by chosen individuals.

An Arizona child custody lawyer has to be engaged as early as possible because time is a very crucial factor in preparing and analyzing child custody cases. The rates of Arizona child custody lawyers are around the national average.

Arizona child custody lawyers are members of the Arizona Trial Lawyers Association and the Association of Trial Lawyers of America as well as the American Bar Association.

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DUI Overview

Thursday, June 3, 2010

It may go by a slightly different name from state to state, but it's universally considered a crime for a driver to operate a motor vehicle while under the influence of alcohol or other drugs. Depending on which state you're in, it can go by the title driving while intoxicated (DWI), operating under the influence (OUI), and driving under the influence (DUI).

Regardless of the title, these laws make it a crime to drive under the influence of drugs or alcohol when certain conditions are met. One such condition is that the driver's ability to operate the vehicle safely is undermined by drugs, including alcohol, street drugs, prescribed medication, and even antihistamines. Also, the driver must meet certain impairment levels as established by each state. This is often called the blood-alcohol concentration, or BAC.

It's common for a law enforcement officer to stop a vehicle if it's suspected that the driver is impaired in some way. The officer usually conducts what's called a field sobriety test. The officer may also ask for a chemical test of some kind. Again, the process will depend on the particular state.

The field sobriety test may include physical tests like having the driver walk in a straight line. The test may also be cognitive, like reciting the alphabet in reverse.

The chemical test done at the time of the incident may involve a "Breathalyzer". This device measures the blood-alcohol-concentration of the driver. Chemical tests can also be done at a hospital and include blood or urine tests.

Although many states allow the driver to elect which test they'd like to take, all states have what is known as "implied consent". This simply means that when an individual accepts a driver's licenses, which is considered a privilege, the driver is giving his or her consent to being tested if it is reasonably believed that the driver may be impaired. Also, if the driver refuses to take a sobriety test or a chemical test, implied consent laws impose stiff penalties. These include mandatory driver's license suspension.

If convicted of driving under the influence, criminal penalties may ensue. The consequences of a DUI conviction include jail time, community service, fines and probation. The severity of the punishment varies from state to state. Other factors may increase the severity of DUI penalties. For example, a history of DUI convictions or having a child in the vehicle may make the punishment harsher. Additionally, if the driver was simultaneously committing another moving violation, the penalty is often more severe.

If a loved one is arrested for driving under the influence, it is wise to find an attorney skilled at DUI defense cases. The penalties of driving under the influence include jail time and a suspended license. One of the primary tasks of the DUI defense attorney is to analyze the evidence involved. This includes the field test and the results of any chemical tests that may have been conducted. Choosing an experienced lawyer may make the difference between a severe and a less harsh penalty.

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The Need For Experienced Los Angeles DUI Attorneys Drops Lower Every Year?

Wednesday, June 2, 2010

Isn't it true? Since so many people have completely stopped drinking alcohol and going out to have a good time in the clubs and having a fun night out on the town, the need for experienced Los Angeles DUI attorneys with the utmost in experience in criminal defense cases, drops lower every year (Doesn't it?)

Statistics have been showing a steady drop every single year for the past several years, in the number of automobile drivers that are trying their hand at drinking alcohol and driving. Because of this face, the expertise of an experienced DUI defense attorney who has knowledge in the prosecution weaknesses of these types of cases, and who is very familiar with the California justice system, is something very few people are in need of these days.

Of course with the low numbers that are being reported in DUI cases, there is also a direct effect on the number of automobile accidents and the personal injuries that are common in these types of accidents. The numbers of celebrities receiving DUI's has also improved and are considerably lower than ever before reported. It is well known that the need for experienced DUI attorneys drops lower every year.

There are very few citizens who will be needing to pick up that telephone and make that very important call to an experienced DUI lawyer who specializes in all types of DUI cases. There will no longer be the need of retaining only professional DUI attorneys with the expertise in handling all types of DUI charges, and the ability to do everything possible to see that your DUI charge is dropped. Individuals of Orange County, Los Angeles, Bakersfield, Pacific City, and all other California cities are certainly celebrating their accomplishments, but they are certainly not doing so by partying at the clubs or out drinking and driving.

It would certainly be nice if all of those statements were true, but as we all know, just the opposite is true. Those things are nothing more than appealing impossibilities.

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Arizona DUI Penalties

Tuesday, June 1, 2010

The penalties for DUI in Arizona depend on the severity of the offense and any prior offenses accrued. These penalties can include jail time, fines, and other penalties designed to prevent any repeat offenses. The penalties for a first DUI offense with a blood alcohol of more than 0.08% and less than 0.15% are as follows:

o 10 days in jail; 9 days may be suspended if you agree to substance abuse treatment

o 90 day license suspension

o $250.00 fine and processing fee; $500 assessment cost for arrests after 3/13/04

o Counseling if 9 days in jail are to be suspended

o Probation of up to 5 years

The penalties for a first offense with a blood alcohol level of 0.15% or greater are more severe. These penalties include:

o 30 days in jail; 20 days may be suspended if you agree to substance abuse treatment

o $500 in fines, surcharges, and assessment costs; $2,000 if arrested after 3/13/04

o 90 day license suspension

o Counseling if 20 days in jail are to be suspended

o Probation of up to 5 years

o Installation of ignition interlock advice on your vehicle

Additional offenses within a five year period make the penalties for DUI even more severe. For a second offense with a blood alcohol level of 0.08% and 0.15%, the penalties are as follows:
o 90 days in jail; 60 days may be suspended if you agree to substance abuse treatment

o $750 in fines and costs; $2,000 for arrests after 3/13/04

o One year license revocation

o Counseling if 60 days in jail are to be suspended

o Installation of ignition interlock device on your vehicle

o Probation of up to 5 years

Second offense extreme DUI charges carry possible penalties as follows:

o 120 days in jail; 60 days may be suspended if you agree to substance abuse treatment

o $750 in fines and costs; $2,000 if arrested after 3/13/04

o One year license revocation

o Counseling if 60 days in jail are to be suspended

o Probation of up to 5 years

o Installation of ignition interlock device on your vehicle

Third offenses carry even harsher penalties for repeat offenders. The penalties for a third DUI offense include:

o Mandatory four months in prison before probation or other release can be considered

o Up to $150,000 in fines, $250 assessment cost, and $1,500 cost for arrest after 3/13/04

o Three year license revocation

o Counseling upon commencement of probation

o Probation of up to 5 years

o Forfeiture of the vehicle you were driving at the time of the offense if you owned it

Transporting someone under the age of 15 in a vehicle while committing a DUI offense carries more severe penalties. These penalties include:

o Serving the minimum prison sentence you would have served for the offense had a
person under the age of 15 not been in the vehicle
o Up to $150,000 in fines, $250 assessment cost, and $1,500 cost for arrests after 3/13/04

o Three year license revocation

o Counseling upon commencement of probation

o Possible vehicle forfeiture if you owned the vehicle you were driving

All of these penalties have the potential to impact your life forever. A criminal conviction will make it difficult to obtain employment and having a license revocation due to DUI may cause you to be dropped by your auto insurance company or have your rates go through the roof. Your best chance for fighting DUI charges is to contact an Arizona DUI attorney who can guide you through your case and use his or her knowledge and trial experience to obtain the best possible outcome.

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