Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Nas, the Rapper, Charged with DUI In Georgia »
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- In September Nas was apparently arrested for a DUI charge and was then later released.
Charged with DUI in September
In September Nas, the rapper whose real name is Nasir Jones, was riding with his brother in Georgia.
He was pulled over after police spotted his Cadillac Escalade truck driving erratically on the interstate.
Police smelled marijuana from inside the vehicle
Police smelled marijuana from inside the vehicle during the routine stop, and then they have asked Nas to step out of the vehicle.
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Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? »
If you are facing drunk driving charges, then you must have taken (unless that you refuse) a chemical test for checking a blood alcohol concentration (BAC). It has been noted that the test will be done with a breath machine in the great majority of cases. When you face the trial in a court then you will come to know that you have been charged with not just one, but with two crimes.
First Charge:
The first crime with which you have been charged is the so-called "per se" offense: driving while having a BAC of .08% or greater. It doesn’t matter and no one actually cares whether you were intoxicated or not. It would be proved by all of the evidence that without question you were sober: your condition is not the crime, instead of that the crime is your chemical composition. And what is the sole source of evidence used by the police officers upon which you will be either convicted or acquitted? Just a machine.
Second Charge:
The second charge that you have to face is "driving under the influence of alcohol" ("DUI"), or in some states, it is referred to as "driving while intoxicated" ("DWI") or "operating under the influence" ("OUI"). All of them are basically the same thing. However in each case, it can be proved by the prosecution that you were under the influence of alcohol by offering the results of the same breath test into evidence and the jury will be instructed that it should be refutably believed that the defendant is guilty unless he can prove otherwise.
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Woman gets 18 years Imprisonment for DUI death »
The blood-alcohol level of Taylor was .22%. On Friday Circuit Judge Roger Clark sentenced Shirley Cumberland Taylor to 18 years in prison for DUI that has caused the death of William H. Kelly.
Kelly, who was Taylor’s neighbor, was walking with his wife when Taylor’s northbound pickup changed its direction across Mark West Road and he was struck by her pickup. At that time he had been holding his wife’s hand in a driveway that was located on the opposite side of the road as they waited for the truck to pass.
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On Arrest, Alexandria Chief Failed 4 DUI Tests »
On Saturday night when Arlington police arrived at the crash involving Alexandria Police Chief David P. Baker, a strong odor of alcohol has been smelled by an officer and he also noticed that Baker’s speech was repetitive and hesitant, according to a criminal complaint.
Baker, who is on administrative leave, has failed four field sobriety tests: namely the nine-step walk and turn, the 30-second leg lift, counting backwards and saying the alphabet, as said by the complaint.
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DWI Probable Cause »
However, the officer must have probable cause that the driver was driving while intoxicated before he can arrest a driver for drunk driving. The standard of a probable cause is higher than reasonable suspicion. Thus, if the driver is swerving a little bit then it doesn’t give an officer the right to arrest that driver for drunk driving.
Indeed, what the officer should do is that he must pull over the driver and assess the situation and after getting the driver perform field sobriety tests or observing him or her for a few minutes, and after knowing with reasonable certainty that the driver is intoxicated then only he may arrest him or her for drunk driving.
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Most Common DUI Case Mistakes »
In this article we have described few mistakes that is commonly made by DWI Lawyers and defendants.
Errors Usually Made by DWI Lawyers And Defendants
1. Failure in addressing the situation & possible results accordingly
If anybody is convicted in San Diego, his DUI conviction remains on his California criminal record evermore. Moreover, it could also be subjected to reinvestigation by any present or future officers, insurance firms, loaners, and other authorities. If guilty, the person can possibly face increased insurance rates, or cause to drop his policy altogether.
2. Not taking an attorney dedicated and expert in defending dui case
Or employing an ordinary criminal attorney who has broadened his or her services over many other areas of crimes. Laws relating DUI are complicated; the equipments and evidences relating to drunk driving cases are highly technical and scientific.
Therefore, you should engage a qualified DUI lawyer who deals only the DUI defense cases, with a proven track record of winning results. Your attorney should be good in defending drunk driving crimes, and experienced enough to know when and what to contend on your behalf. WHO you prefer as your lawyer can be a critical decision affecting the result of your case.
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Dui Defense Strategies: Errors of DUI Arresting Police Officer »
I can give you an advice that if you’ve been arrested for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI) then you should keep in your mind that there are numerous factors that can work in your favor and result in dismissal of your case.
The burden of proof is on the government, meaning the arresting officer and the prosecution, for a conviction to be rendered. It is required that all aspects of the charges must be proven, which includes but is not limited to proper administration of sobriety tests, chemical tests, probable cause and search and seizure protocols and following the law. An error can be caused in each of these human, mechanical or procedural factors, and in this series of articles we will outline these errors, any of which can work in favor of yours. In the following article we will discuss the errors of a DUI arresting police officer.
Errors of DUI arresting police officer
There could be an error in the judgment of the officer who stopped you for any number of reasons. Furthermore, it may be possible that the way he administer correct procedure after the arrest could be improper. Here we are giving examples of what can hurt the prosecutions case and therefore help you:
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Questions that a Lawyer Probably Ask to Defend a DUI »
It could be a very threatening experience for a person who is accused of DUI or DWI. Most people do not appeal in courts against such accusation, especially when a police officer has caught them “red-handed.” Mostly those persons who knows that that the accusation is true, those person immediately starts panicking, and might also ready to accept whatever plea bargain the state offers in such cases, just to escape from trial and in order to get rid of the problem as soon as possible. However, a legal defense to DUI or DWI is always there, if a person wants he can avail the facility there are several different questions that can be asked from the arrest. All drivers must have knowledge of those expected questions so that they are able to answer them in case of arrest in DUI:
Was the defendant and DUI the same person?
Prosecution will surely have to prove that the driver was DUI, but the defendant and the accused driver are the same person it also has to be proven by the prosecution in the court of law. There is a possibility that there might not be any eye witness of the accident. It is the right of driver that he may remain silent when he is asked a question that was he driving the car or not but many times when already panicked drivers are little bit cross questioned they admits to everything for which they are accused.
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