Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Road Check – 4 DWI Arrests & 2 DWAI Drug Arrests »
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- On Thanksgiving Day a State Police road check on East Main Street in the Town of Wallkill has conducted six DWI arrests for impaired driving.
4 People arrested for DWI
For driving while intoxicated four people were arrested.
These arrested people includes Connie Montez, 21, of Middletown; Matthew Gray, 23, of Middletown; Daniel Marrione, 21, of Warwick; and Jeffrey Chubay, 38, of Goshen.
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Los Lunas police officer arrested for DWI »
On early Thanksgiving morning one of the Los Lunas police officer was arrested by Los Lunas police on suspicion of DWI following a single vehicle crash in the village.
Los Lunas police arrested a police offcer
According to Los Lunas police, they have arrested officer Nikki Baca for DWI and released on her own recognizance. Right now she does not have a court date.
Officers responded to a traffic accident that took place on Tondre Road at about 4 a.m. Thursday. It has been found by them that there was a vehicle that had been driven off of the road and struck a fence.
When police arrived the driver, that was later identified as Baca, was in her vehicle. At the time of accident she was off duty and driving her personal vehicle.
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Man gets Maximum for Death of Friend in DWI Crash »
Today, a young man got the maximum penalty from court for causing the death of a friend. The death was caused due to a drunken-driving crash. The driver was also driving without a license due to a previous DWI conviction.
Judge Alex R. Renzi of Monroe County Court sentenced Aaron M. Boop to prison for five to 15 years for the death of Nicholas A. Zajac in Wheatland on Oct. 21, 2008.
The trial was carried out last month for the first degree vehicular manslaughter, second-degree manslaughter, first-degree aggravated unlicensed operation, driving while intoxicated and driving without a license. Boop, 20, of Avon, Livingston County was convicted in the trial.
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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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Do Breathalyzers Discriminate Against Women? »
If you have been charged for DUI and if it has been shown by a breath test that your blood alcohol concentration (BAC) is .08% or higher, then you are guilty. Of course, it does not matter, whether you are a man or a women: there is no discrimination in law.
Maybe they should…
It has been found by the researchers at the University School of Medicine in Trieste, Italy, that the stomach lining contains an enzyme called gastric alcohol dehydrogenase that breaks down alcohol, and in women this enzyme is less than a men. In order to determine the relative effects of the enzyme, they gave alcohol both orally and intravenously to groups of alcoholic and non-alcoholic men and women.
It has been found that women reached the same levels of blood alcohol as men after drinking only half as much; having taken the weight differences into account, it has been founded by them that women reached BAC levels illegal in a DUI case after drinking 20 to 30 percent less alcohol than men.
The scientists’ concluded that when defining safe levels of drinking for driving motor vehicles legislatures may need to consider sex differences in drunk driving laws.
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DWI Convictions are Costly »
The crime of Driving While Intoxicated (DWI) is a kind of serious and really very expensive crime, even though a person is convicted for the first time or he might be the offender having an age 21 or older in which there is no crash, injury or death.
It is estimated that the minimum cost that a suspect has to pay for a first conviction for DWI in the state of New York State is $9,500. It is possible to make similar estimates of minimum cost for other states as well.
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Probable Cause in DWI Arrests »
On one of the Saturday nights while you are driving home late, you had a look in your rearview mirror and caught a glimpse of the dreaded red and blue flashing lights. One of the cops came near to your window and you were asked to step out of the car. After taking some field sobriety tests, they took you to the police station and then you are charged with a DWI. Someday you were out at a party, and the results of your breathalyzer test shows that you have a BAC level above the legal limit of .08. It seems to you like case has been closed for you – Isn’t that?
Yes it is not wrong that a large portion, even though a majority of DWI-related arrests lead to a subsequent conviction in court. Having so many laws that require DWI suspects to submit to test after test, and breathalyzer devices are widely used despite of fierce ongoing controversy over its reliability, it is a little surprise that many people feel helpless when they face a DWI charge.
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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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Different Abbreviations for Drunk Driving Offenses »
A single term which is used to describe a wide range of offenses throughout the United States that differ by individual state law is Drunk Driving. It is considered to be a crime in every state in the nation to drive with a blood alcohol concentration (BAC) of .08% or greater.
In addition to that law if you have consumed any amount of alcohol and/or drugs that has significantly reduced your ability to operate a motor vehicle and then to drive a vehicle in this condition is also a crime.
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What if you are arrested for DUI in Missouri? »
If we talk about Missouri DUI, driving under the influence does not mean driving under the influence of alcohol but it refers to driving under the influence of drugs. Instead of DUI the DWI is used to refer to drunk driving, or driving while intoxicated, in Missouri. In regards to DWI conflictions the state of Missouri operates under a per se law. This law states that a person can be arrested by cops for DWI if he or she has blood alcohol content (BAC) tests at .08% or higher. This means that, although your driving might appear safe, but if there is enough alcohol in your system, you can be convicted of a DWI.
Procedure for DUI Arrest in Missouri
When you are stopped by the cops as a suspicion of DWI, the officer who has stopped you will ask you to submit to a BAC test. If you refuse to take this test, then this refusal of yours will be used against you in court. This will cause you to face tougher administrative penalties and a longer license suspension time. It is up to you that if you wish you can contact to an attorney before deciding whether or not to take the test. It is directed by the state law that you should be given 20 minutes to try to talk to a lawyer to discuss your choice.
Consequences of DUI Arrest in Missouri
As a result of a Missouri DWI arrest you will face two cases, one of them in the criminal courts and another is the administrative hearing. In case if you refuse to take the BAC test or if the results are .08% or higher, they will give you only 15 days to file the paperwork for the administrative driver’s license hearing. If you fail to do so, it will result in a loss of driving privileges. Due to this reason, it is necessary to have an attorney working on your case to ensure that you have your hearing ad complete your paperwork on time.
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