Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Terminator Star Thomas Dekker Got DUI Charges »
Thomas Dekker just had terminated his legal problems.
Former star of Fox’s Terminator, the Sarah Connor Chronicles has agreed to entreaty the deal that resolves his Dekker’s drunken driving case and allows him to avoid the slammer.
22 years old Dekker had made an earnest appeal on Monday to a lesser charge of misdemeanor reckless driving stemming from is October DUI bust, in which he allegedly side swapped a bicyclist with his car.
Prosecutors dismissed both DUI charges and had pleaded no contest but were allowed to maintain his innocence on a straight misdemeanor reckless driving charge.
While an insider in the actor’s camp had confirmed that Dekker was put on two years of informal probation and ordered to attend a 12-hour alcohol education class and he will also be assessed a $300 fine plus penalty assessments. Dekker’s lawyer refused to comment on the agreement.
A source disclosed that prosecutors decided to deal because of insufficient evidence and from that it is not clear that Dekker was at fault.
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Accuracy, Honesty and Rights: Field Sobriety Tests in Florida »
If you’re ever pulled over under suspicion of DUI in Florida, the officer will normally perform a Standardized Field Sobriety Test (SFST) and take a breathalyzer reading.
The SFST is used to estimate the level of intoxication and can provide the cause to arrest. A breathalyzer is used mostly to confirm intoxication.
Sometimes, the breathalyzer may return a negative reading, contradicting the results of a field sobriety test. There have been many cases involving a driver that has been arrested after a SFST and registered a completely legal BAC at the station.
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How Blood Tests Work in DUI and DWI Cases »
Once the police asks you to pull over for DUI or DWI, you will be required to give a breath test or you may end up taking a blood test to measure the blood alcohol content (BAC) in your body. The BAC level a crucial piece of evidence that the prosecution will use in proving that you were driving drunk.
Thus it is important to understand what this test measures, how it is administered and what can affect the results.
There are devices that have now been placed in police cars, known as breath testing equipment, that measure breath alcohol levels in suspected drunk drivers. But in case you have been accused of DUI or DWI and believe that the breath analysis is not accurate, you should request a blood test.
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How Can You Defend Drunk Drivers »
Most people are outraged about the fact that lawyers defend drunk drivers. But according to most of the lawyers, they don’t defend drunk drivers: they only defend citizens who have been accused of being drunk drivers.
Defending someone who has been accused by the police of a crime, especially when it’s DUI, causes the image of criminal defense attorneys to deteriorate. And no doubt, every defense attorney gets tired of the question that he is asked at every party: “How can you defend guilty people?”
The answer to this question is quite complex, as it involves the issues of possible innocence of the driver, inaccurate or false evidence against the offender, overcharging by the prosecutor, ensuring a fair trial, protection from unfair laws and harsh or illegal punishment.
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Study Suggests Gender Specific DUI Road Tests »
Although there have been many jokes about women trying to flirt with police officers to get out of tickets but now, there maybe some concrete evidence to prove that woman are more at a loss when it comes to the standard DUI laws than ever before.
The Law Offices of Lawrence Taylor, a DUI attorney in Los Angeles area and nationally known author of the book Drunk Driving Defense, has provided an article, which shows a study conducted in Italy.
According to the study, there is a component in the female’s bio-chemical make-up which could make women more prone to fail a DUI road test. The study may prove that woman may be unfairly arrested for DUI in some cases and should be given more gender specific tests.
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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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Understanding Search and Seizure Law: What if a Search Violates the Fourth Amendment? »
Here I am explaining you that in case if the search violates the fourth amendment than what could happen.
The Exclusionary Rule.
If, upon review, it has been found by the court that an unreasonable search has been occurred, then any evidence seized as a result of that search could not be allowed by the court to use as direct evidence against the defendant in a criminal prosecution, state or federal. This rule has been established by the U.S. Supreme Court in 1961and it has come to be known as the “exclusionary rule.”
After this day, the exclusionary rule has been criticized by many commentators on the basis that it unfairly lets the criminal go free just because the constable has erred. But the supporter of the rule argued that excluding illegally seized evidence is necessary to restrict police from conducting illegal searches. According to this deterrence argument, if the resulting evidence can’t be used to convict the defendant then the improper searches won’t be conducted by police.
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57 Things YOU Need to Know about Your New Jersey DWI Case »
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In this article we have presented 57 things that you need to know about your New Jersey DWI case.
4 things that may be very helpful to your NJ DWI case:
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In order to prove the State’s case, if all the witnesses are not available.
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If your innocence could be proved by the presence of any exculpatory evidence.
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The direction has been given by Administrative Office of the Courts that DWI cases are to be resolved in 60 days. If the State is unable to provide all the required discovery, it might be possible that your case can be dismissed, or may be the State has been prevented from introducing certain evidence at trial.
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There may arise some evidentiary problems in proving your blood alcohol level.
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75 Facts about Texas DWI Case – Part 1 »
Here we have explained 75 facts about the DWI case in Texas. They are for your guidance and I have just tried to help you a little bit to have knowledge about the few facts of Texas Dwi case.
Texas DWI – 7 tactics that could be used in DWI pre-trial motions
1. The dui attorney can argue about the constitutionality of the stop.
2. The dui attorney can argue about the constitutionality of the administration of roadside tests.
3. The dui attorney can argue about the constitutionality of the probable cause to arrest.
4. The dui attorney can argue about the constitutionality of the Miranda rights.
5. The dui attorney can argue about the use of any blood or breathe test.
6. The dui attorney can argue about the constitutionality of any search and seizure.
Texas DWI – 9 preliminary motions in a DWI case
1. There could be a motion to suppress evidence on the ground that the cops have stopped you unconstitutionally.
2. There could be a motion to suppress evidence on the base that the cops have done an unconstitutional search and seizure.
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Investigation of DUI Cases: What are the SFST’s? »
In this article we have described about the tests which the cops ask a person to perform during a DUI or drunk driving offense stop. The information that is provided in this article is pertinent to DUI offenses across the nation as SFST stands for Standard Field Sobriety Tests which means they are considered to be standard across the United States.
Investigation of DUI Cases:
What are the SFST’s? How do CA courts deal with FST’s that are not performed in accordance with NHTSA? These are the frequently asked questions about SFST’S. I have tried to give the answer to these questions.
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