Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here How Can You Defend Drunk Drivers »
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- 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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DUI and the Disappearing Right to a Jury Trial »
Ok, so it has been said by the cop that I looked bad on the field sobriety tests, but I know myself that I’m not guilty: I only had two drinks and I have got the witnesses. It doesn’t matter what the arresting police officer is saying, I can tell my side of the story to my fellow citizens and then let them decide. Right?
Well that is not necessary. This right to jury trial, had been handed down centuries ago from England’s Magna Carta, it was considered so fundamental to the framers of our Constitution that it had been included by them in the Bill of Rights? This is what we call Sixth Amendment. So it makes no exceptions to this sacred right to trial by a jury of peers.
So why is this happening that some states today are denying jury trial to a person who is accused of drunk driving? Why is that, for instance, an American citizen who has been arrested in New Jersey is forced to accept the decision of a politically-appointed judge? After all, on that subject the Sixth Amendment is pretty clear:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”
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10 DWI/DUI Myths and Their Facts – Part-3 »
Myth # 8:
Law enforcement officers can’t influence the BAC reading of a breath-testing machine.
Fact:
Law enforcement officers can and do influence BAC readings. Law professor and lawyer Lawrence Taylor quotes Dr. Michael Hlastala, Professor of Physiology, Biophysics and Medicine at the University of Washington. He said that, By far, the error which is most overlooked in breath testing for alcohol is the pattern of breathing…. During the breath the concentration of alcohol changes considerably… After discarding the dead space, the first part of the breath, has an alcohol concentration much lower than the equivalent BAC. Whereas, the alcohol concentration of the last part of the breath is much higher than the equivalent BAC. The last part of the breath could be over 50% above the alcohol level….Thus, it maybe indicated by a breath tester reading of 0.14% which has been taken from the last part of the breath that the blood level is only 0.09%.
It has been explained by Professor Taylor that, many police officers are aware of this error. They also know that if the machine opposes their judgment that the person they arrested is intoxicated, then it will effect their reputation.
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10 DWI/DUI Myths and Their Facts – Part-1 »
Common myths surround the subject of DWI and DUI. Here I have corrected them by giving scientific information and evidence related to these myths.
Myth # 1:
A person’s BAC reading could be lowered down by sucking on pennies.
Fact:
If you suck a penny or other copper, it will not affect the results of an alcohol breath tester BAC. Don’t ever try to be a sucker as doing this you does not make any cents.
Myth # 2:
A reliable sign of how much alcohol has been consumed and what is the level of intoxication is “Alcohol on the breath”.
Fact:
Actually alcohol is odorless means it does not contain any smell. It is believed by the people that actually the alcohol on the breath is the odor of things commonly found in alcoholic beverages. So the breath of a person who has taken a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.
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