Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Unlawful Police Stops »
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- It is compulsory for an officer to have a valid, probable cause for ordering a driver to legally pull over for suspected drunk driving. Probable cause in this case can be defined as a reason sufficient enough to believe that illegal activity is taking place, not just a hunch or suspicion.
Before asking to stop, the officer should have observed actual signs that indicate intoxication. These may include swerving, speeding, driving too slowly and disobeying a traffic law which give the officer a reason to ask you to pull over for DUI.
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Ohio Woman Charged with 7th DUI After Injuring Three in Accident »
A woman in Ohio just received her 7th DUI, as she rammed her truck into the back of a stopped car, and injured three victims. Fortunately, the injuries of the three people in the car were not life threatening, but much worse could have happened.
The worst part is that she still has her license and thus the possibility of more accidents is still there. It’s a mockery of justice when someone so irresponsible is able to keep driving and putting people at risk. This accident signifies the fact that this woman should not be given the right to have a license.
The woman, Stephanie Foy, has already had six convictions on her record, before she was charged with the seventh one. A press release by Newsnet5 stated that Foy has been fined, placed behind bars, and even had her license suspended in the past due to infractions.
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DUI and Driving With a Suspended License Charges Should Be Taken as Different. »
It common for a driver to be caught while driving under the influence (DUI) of drugs or alcohol (generally described as DWI, DUI or drunk driving) and at the same time driving while having suspended license or recently reissued license, or DWLS, in Florida. In such cases the lawyer will have to file two charges in the information, one for driving with suspended license (DWLS) and one for DUI. Both of these charges are served in separate while defendant take these to court for trial. It also mean that the jury that take trial for DUI case will not hear the case or judge the case related to the driving with a suspended license (DWLS). For each case jury will be different for hearing.
It is because of the reason that charges of one case are different with the other. As the evidence related to driver suspended license, such as his driving history, have not concern with evidence related to DUI.
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Police Officer Must Take Care in Taking Breath Test to Avoid Driver’s License Suspension overturned »
During the investigation, the officer takes the breath test of the driver who is charged for the DUI case. The officer conducts the breath test of the driver, when the driver submits the test there are certain rules that officer must follow. When the driver is accused due to alcohol reason in Florida, the Department of Highway Safety and Vehicles directly suspends the driver’s license.
Any how the driver has the right to defense for DMV license suspension by a formal hearing in which the lawyer raises voice favoring the driver on the legal points like the stop of the driver was legal, the reason to arrest the driver was correct and that the breath test was valid. These are the points on which the lawyer speaks on behalf of the driver.
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DUI Checks, Asking Reasons is Your Right »
You have the right to argue if there is not any reasonable or serious ground for police checks
Your activities must justify strong reason for suspicion of DUI on road. In a California DUI, the detaining police officer requires to describe and confirm major observations or grounds to take out you over for DUI. 
When evidencing in California DUI Jury Trials, San Diego police officers normally tell they noticed the DUI -DWI suspect racing, driving too tardily, doing dangerous or fickle lane shifts and unlawful or excessively big turns, sharp and jerking breaks, lurching, tailgating, driving the wrong path like opposite on one way streets or in opposing traffic lanes, cutting, lane straddling, and making narrow escapes to serious accidents or any other road risk which can probably cause for the traffic stop.
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FAQs about San Diego Drunk Driving »
When San Diego police arrested me for DUI, they took over my driving license. How can I have it back?
In normal cases, an expert San Diego DUI attorney can help you in showing to DMV Officials there was no solid ground for your license suspension or annulment, and it can be returned to you. If you don’t call for an “admin per se” hearing with the DMV within 10 days after your drunk driving arrest, the DMV will give back your driving license at the ending of the suspension term ( i.e. four months if this is your first case), provided you give a 125-USD which is a re-issuance fee and show insurance documents. The reissue fee is 100-USD if you were under 21 when you got arrested for DUI according too San Diego’s Zero Tolerance Law for driving under the influence.
What is the difference between the DMV driving license suspension or cancellation for DUI arrest and the driving license suspension or cancellation brought down by the judge of criminal court during hearing?
The DMV driving license suspension or cancellation received at a DUI arrest is an administrative and civil thing whereas the suspension or cancellation as a result of a conviction in criminal court becomes a criminal penalty.
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DUI Defense Strategies: Errors of DUI Investigation »
In this article we have described few probable errors of DUI Investigation such as Blood Test Errors, errors in Probable Cause Arguments,Procedural and Administrative Errors.
Blood Test Errors
Blood tests are generally more accurate. The reasons of errors in blood test are flaws of their own.
Below we have given a list of these errors:
• Test is not administered properly.
• The test is contaminated, such as by swabbing the skin with alcohol.
• The time between the sample drawn and its analysis the alcohol may be formed in the sample by fermentation.
• There could be a mix up in samples that have resulted in a wrong blood sample being analyzed.
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