article by admin

What is the legal limit for blood toxicity?

In general, it is illegal for you to drive while you are “impaired” by drugs or alcohol. It should be clear at the outset that prescription drugs are not excluded from this list. Being impaired means that there must be enough of the alcohol or drug in your system to prevent you from thinking clearly and driving safely while on the road. According to many studies, impairment happens to many people well before they consider themselves drunk or stoned.

As for the numbers if you have a blood alcohol content of .08% or higher, that is considered “per se” Driving Under the Influence (DUI), or Driving While Intoxicated (DWI). For those under the legal drinking age of 21, in almost all states you will be considered to be driving under the influence if you have a blood alcohol content great than .01% or .02%, depending on the state you are in.

What methods do police use for detecting drivers under the influence?

In general, police have three different methods of figuring out whether or not a driver is under the influence:

• Observing erratic driving. In general, police officers will pull you over if they notice that you are showing any of the signs of driving under the influence. These signs include swerving, speeding, driving too slowly, failing to stop, failing to yield, and any other indications that signal to the officer that you are driving drunk. In general, if you actually have a good reason for driving the way you were driving, the officer may let you go with only a ticket or a warning. However, officers will be looking to see if your eyes are blurred or if they smell alcohol on your breath.
•  Field Sobriety Tests. If, after stopping you, the police officer has a hunch that you may be driving under the influence, he will most likely get you out of the car in order to do some field sobriety tests. These tests can include walking in a straight line, standing on one leg, or a speech test. The officer will also carefully watch your eyes to look for any pupil dilation. If you fail these tests, the officer will likely ask you to take a chemical test.
•  Chemical Blood Alcohol Level Tests. If you fail a field sobriety test, the police officer will likely take you in to perform a more accurate blood alcohol level test. These tests are normally taken by testing a blood, urine or breath sample. The blood test is very direct and measures the amount of alcohol in your system. The urine and breath tests work off of a mathematical formula to derive your blood alcohol level from the sample. If you test above a .08% blood alcohol level, you will be guilty of a DUI unless you can convince the judge that you were not impaired or being unsafe. Also, many attorneys base their drunk driving defense on challenging the mathematical formula used in the tests.
• Do I have to take a test if the police direct me to do so?  In general, you are allowed to refuse to take a chemical blood alcohol level test, but if you do, you will invoke an “implied consent” law. This will likely result in a suspension of your driver’s license for a period of time, even if you are found not guilty in court. In addition, if your case does go to trial, the prosecutor is free to tell the jury that you refused to take a chemical test, which may look bad for your drunk driving defense.
• Can the police ask me questions after pulling me over but before reading me my rights? It all depends on the circumstances and whether or not you are in the “custody” of the police. During a roadside traffic stop, you are not considered to be in police custody, and therefore the police can ask you questions without reading you your Miranda warning. Once you are in police custody, however, they must read you your rights before asking you any questions. If they don’t, any answers you give may be inadmissible against you in court. To be in custody, you must feel that you are not free to leave a situation.
• Should I get a lawyer if I have been charged with drunk driving? If you are determined to put forth a great drunk driving defense, then it would be very wise to hire a drunk driving attorney.  Attorneys  that are very skilled at challenging medical experts and scientists are in order to put a great defense up for you. It has become very hard to successfully fight a drunk driving charge these days, however. If the police have some evidence against you in the form of a failed chemical test, you have a tough fight in front of you.
• I was stopped at a roadblock and asked to wait to answer some questions. Was this legal?  If the police used some sort of neutral policy for picking out which cars to stop, then it was legal. Police are allowed to single out automobiles at roadblocks if they have a good reason to do so, such as a suspicion that you are driving under the influence.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

article by admin

First Offense

The penalty for the first offense of driving without a license can vary from state to state. Depending on the law, you may be ticketed and required to appear before a judge. The fine and penalty can be determined based on the judge’s discretion and according to the law. In most cases, the judge will give you a time limit to obtain your driver’s license and show proof of it by your next court date. Some states are harsher than others when it comes to the first offense. If you are pulled over by the police and caught operating a motor vehicle without proper licensing, you can be immediately taken to jail and and your vehicle impounded.

Repeat Offenses

Continuing to drive without a license after the first offense will result in harsher penalties and sentencing. In many instances, your driver’s license will be suspended or revoked. What this means is that when you do decide to go and get a driver’s license, it will already be invalid because of your prior offenses. Some judges may put a time restraint on when you are not allowed to drive. For instance, you can be prohibited from operating a vehicle for 12 months even after you went to get your driver’s license. A revoked license is more permanent than a suspended one.

Other Penalties

Driving without a driver’s license can result in many years of financial burden. Not only are there costly tickets and fines given by the judicial system, but you may also be required to hire a lawyer. A suspended license can be unsuspended once conditions have been met. Suspended licenses are tied to money or time limits. Once the money is paid or the time limit has expired, you can get a new license. There are costs associated with getting a new license. If the license was revoked, you will have to appeal to the court to get it back. Many people aren’t knowledgeable enough to do this without legal representation and you would be better prepared in talking to an Attorney.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

article by admin

• The vast majority of criminal cases are resolved through a “plea bargain”, usually well before the case reaches trial. In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence, and/or so that certain related charges are dismissed. For both the government and the defendant, the decision to enter into (or not enter into) a plea bargain may be based on the seriousness of the alleged crime, the strength of the evidence in the case, and the prospects of a guilty verdict at trial.

• Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails. What Kind Of Plea Bargain Might Be Made? To illustrate how a “plea bargain” might be reached in a criminal case:

 Suppose Dan is arrested and charged with two counts of aggravated assault/battery, based on his alleged use of a baseball bat in a street fight. A “plea bargain” might be reached in Dan’s case in one of three ways.

1) The prosecuting attorney handling the case approaches Dan and his attorney, and offers to allow Dan to plead guilty to a less serious charge, such as simple assault/battery or even disorderly conduct;

2) Dan agrees to plead guilty to one charge or “count” of aggravated assault/battery, in exchange for dismissal of the second count;

3) The government’s evidence against Dan is so strong, and the injuries suffered by the assault victim so serious, that Dan agrees to plead guilty to the original charge of aggravated assault/battery, in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

1) The prosecuting attorney handling the case approaches Dan and his attorney, and offers to allow Dan to plead guilty to a less serious charge, such as simple assault/battery or even disorderly conduct;

2)) Dan agrees to plead guilty to one charge or “count” of aggravated assault/battery, in exchange for dismissal of the second count;

3) The government’s evidence against Dan is so strong, and the injuries suffered by the assault victim so serious, that Dan agrees to plead guilty to the original charge of aggravated assault/battery, in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.