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DWI Fact and Fiction - Field Sobriety Testing DWI Field Sobriety Testing Fact and Fiction by Peter H. Lederman and Gilbert Snowden This article was published in the New Jersey Lawyer, a weekly professional journal for New Jersey attorneys, in February of 2000. The SFST Update was subsequently published in the Fall of 2001 in the same publication. Both Mr. Lederman and Mr. Snowden have been certified in the Operators Course, designed by the National Highway Safety Transportation Administration, with Mr. Snowden also achieving certification as an Instructor in these field sobriety tests. Mr. Snowden is a retired New Jersey State Trooper and a recognized expert in Field Sobriety testing and Breathalyzer operation. SFST UPDATE! Introduction Standards for the Standard Field Sobriety Testing Program Horizontal Gaze Nystagmus Walk and Turn Test One Leg Stand Test Field sobriety testing for DWI is a crucial element in DWI prosecution and defense. Initially, field sobriety testing serves as the best method by which an investigating officer can ascertain whether the "reasonable cause" referred to in NJSA 39:4-50.4 exists, which in turn would require the suspect to submit to DWI breath testing. It is also the best way the State can establish the probable cause which must be established before a suspect can be arrested and then charged with DWI. Field sobriety testing for DWI can also be used by the Court to ultimately determine whether there are sufficient observations to determine intoxication in the absence of breath test results establishing a per se violation. Keeping the importance of field sobriety testing for DWI in mind, it is surprising how many police officers, prosecutors, attorneys and Courts lack an understanding of reliable DWI field sobriety testing procedures. Many times, Courts make decisions of great importance in deciding issues of probable cause and ultimate guilt based upon misunderstandings with regard to these tests. The purpose of this article is to identify problems which exist with regard to field sobriety testing for DWI and then to rectify these problems by reviewing proper field sobriety test procedures and evaluation techniques. The greatest problem with current field sobriety testing for DWI involves a failure to rely upon what are known as Standardized Field Sobriety Tests. The accompanying problem involves an unquestioning reliance upon what I refer to as "anecdotal" field sobriety tests. Standardized Field Sobriety Tests were developed as the result of research conducted in the mid 1970’s for the National Highway Traffic Safety Administration. The purpose of this research was to develop standardized tests which would provide a reliable method of determining intoxication from field sobriety tests. The means through which the reliability of these tests was established, was through studies based upon the scientific method. The meaning of the word "science" was considered in a recent article in the New Yorker Magazine, (July 20, 1998), while reviewing two current catastrophe sci-fi movies. The article reminded me of my high school science courses, in which the scientific method was explained as a means of discovering facts by seeking verifiable information. Stated otherwise, a "fact" could not exist and a theory could not become a fact, unless and until the hypothesized result was demonstrated again and again, upon repeated testing. This principle is stated more eloquently in the New Yorker article which suggested that, "Science is not a collection of facts no more than opera is a collection of notes. It’s process, a way of thinking, based on a single insight that the degree to which an idea seems true, has nothing to do with whether it is true, and that the way to distinguish factual ideas from false ones is to test them by experiment. To present the facts without invoking the process is like limiting an Indiana Jones film to the scene where Indy, having bathed and donned a business suit, is lauded for having discovered the lost Ark." (emphasis added). All too often, Courts are willing to accept anecdotal field sobriety tests simply because they "seem" to be reliable. Courts regularly and without question, accept sway tests (frequently with the suspect’s eyes closed), finger to nose tests (again with eyes closed), alphabet tests, finger counting tests and other similar tests, as reliable evidence of intoxication, simply because they "seem" to indicate intoxication. Frequently, Courts will rely on observations which result from these tests without having any testimony of Standardized Field Sobriety tests before them. Anecdotal tests are unreliable because they are not standardized. Since no procedure exists to administer these tests, there is no way to determine if tests are given the same way each time. Obviously, if the scientific method serves as the basis for establishing the reliability of a test, the test must be standardized. This is the case with Standardized Field Sobriety Tests which require adherence to established procedures in explaining, demonstrating and then administering tests. In the case of Standardized Field Sobriety Testing, officers are trained to look for established "scoring factors" which must be evaluated in determining whether or not intoxication exists. A finding of intoxication can only arise once sufficient scoring factors are identified. Upon the identification of only a single scoring factor, an evaluation would be required of a high degree of probability of non-intoxication. When additional scoring factors are identified, probabilities of intoxication are assigned to evaluate test results. With this in mind, the following information is provided with regard to the three Standardized Field Tests, which are the walk and turn test, the one leg stand test and the horizontal gaze nystagmus tests. It is hoped that this information will raise the awareness of the bar and bench in particular, as to the existence of these tests, the lack of scientific basis for anecdotal tests and the need to limit evidence at the time of trial to scientifically reliable field sobriety testing. Home | Proposed DWI/ DUI Reforms | DWI News Field Sobriety Testing - Facts and Fiction | Feedback | Search NJ DWI NJ-DWI Table of Contents | Contact our Law offices Visit the New Jersey DWI Defense Pages All contents Peter H. Lederman, PA , NJ-DWI.COM Dark Horse Design Promoted by Submit Away Website Promotions Best viewed with

LawGuru.com - Legal Links Section: Law Firms/US Firms/Arizona -- -- -- • HOME • LINK HOME • ADD A LINK • MODIFY A LINK •-- NEW LINKS • COOL LINKS • TOP RATED • NEWSLETTER • RANDOM LINK • -- SEARCH • FIND FORMS • ATTORNEY NETWORK • LEGAL QUESTIONS • LOGIN •-- Looking for something in particular? the entire directory only this category More search options Home : Law Firms : US Firms : Arizona Sponsored Links: Scottsdale Luxury Suites - Scottsdale Links Resort - Call 888-990-1326 for discounted Scottsdale Links Resort reservations of North Scottsdale, Arizona. Get details on these golf travel accommodations. - Bid: 0.12 United States Schools of Golf - Arizona - Golf school chain profiles its locations throughout Arizona, including Chandler, Mesa and Scottsdale. Read about instruction techniques. - Bid: 0.10 Arizona Biltmore in Phoenix, AZ - Hotels.com - Make reservations at the Arizona Biltmore in Phoenix, Arizona. See hotel star ratings, view photos, and find other Arizona lodging. - Bid: 0.10 LINKS: Pages: 1 2 [] Arizona Dui Attorney- Daniel Jaffe Arizona dui lawyer daniel jaffe focuses 100% on defending those accused of dui in az. http://www.duiattorney.com (Added: Thu Aug 04 2005 Hits: 0 Rating: 0.00 Votes: 0) Rate It -- Review It -- Arizona Personal Injury Lawyer Beauchamp law office offers experienced phoenix personal injury lawyers ready to assist you in any legal matter. http://www.arizonaaccidentinjury.com (Added: Tue Jul 05 2005 Hits: 2 Rating: 0.00 Votes: 0) Rate It -- Review It -- Tucson Dui Lawyers - Charnesky & Dieglio, L.l.c. Tucson dui information provided by charnesky & dieglio, l.l.c. experienced, aggressive tucson dui lawyers http://www.tucsonduilawyers.com (Added: Wed Oct 12 2005 Hits: 0 Rating: 0.00 Votes: 0) Rate It -- Review It -- Aggressive and Experience Criminal Defense in Arizona Lamm & Associates provides aggressive defense of all felonies, misdemeanors, and DUI's statewide. Former prosecutors now defend those accused or charged with one attorney having unique experience and knowledge of online sex crimes and computer crimes. http://www.cyberlawaz.com (Added: Thu Dec 13 2001 Hits: 50 Rating: 0.00 Votes: 0) Rate It -- Review It -- Almquist & Company, P.C. http://www.lawguru.com/cgi/bbs/attyPages/robert.html (Added: Fri Oct 22 2004 Hits: 20 Rating: 0.00 Votes: 0) Rate It -- Review It -- Arizona DUI Law Detailed and useful information on Arizona DUI Law. http://www.duiarizona.com (Added: Fri Aug 27 2004 Hits: 39 Rating: 0.00 Votes: 0) Rate It -- Review It -- Arizona Law & Legal Issues KEYTLaw is an Arizona law firm that provides legal services to Arizona businesses and individuals. http://www.keytlaw.com/az/azlaw.htm (Added: Sat Mar 30 2002 Hits: 41 Rating: 10.00 Votes: 1) Rate It -- Review It -- Attorney at Law Monica H. Donaldson is committed to providing quality legal services to Arizona residents. I practice primarily in the areas of family law and estate planning/probate, although I occasionally handle other civil law matters. http://www.lawguru.com/cgi/bbs/attyPages/monica.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- Benham & Anaiase I am a doctor and a lawyer my practice is limited to social security and workman compensation http://www.lawguru.com/cgi/bbs/attyPages/danaise.html (Added: Fri Oct 22 2004 Hits: 16 Rating: 0.00 Votes: 0) Rate It -- Review It -- Berens, Kozub & Lord PLC My practice is focused on the needs of small businesses and their owners. Most matters I handle involve one or more of the following practice areas:Business entity planning and formation;Estate Planning;Purchase and sale of businesses;Tax controversies;Federal Income Tax planning.I also act as an arbitrator or mediator of commercial disputes. http://www.lawguru.com/cgi/bbs/attyPages/boblord.html (Added: Fri Oct 22 2004 Hits: 19 Rating: 0.00 Votes: 0) Rate It -- Review It -- Bonnett, Fairbourn, Friedman & Balint, P.C. http://www.lawguru.com/cgi/bbs/attyPages/afried.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- BORRELLI LAW OFFICE Protect Your Rights! Borrelli Law Office fucuses on the defense of the accused. Experienced Arizona Criminal and DUI defense attorney, handling all felony and misdemeanor charges in Maricopa County and Western Pinal County, including Mesa, Phoenix, Tempe, Chanlder, Scottsdale, Gilbert, Glendale, Apache Junction and Florence. http://www.lawguru.com/cgi/bbs/attyPages/blb73.html (Added: Fri Oct 22 2004 Hits: 17 Rating: 0.00 Votes: 0) Rate It -- Review It -- Center for Indian law Admitted to practice on the following Indian reservations: Hopi, Salt River-Pima, Ft. McDowel, Hualapai, Ak-Chin (Pagago-Pima), Sisseton-Whapeton, SD.Specializes in civil, criminal and juvenile matters as well as appellate. Also, Judge Pro-Tem, Ak-Chin Community Tribal Court, Maricopa, AZ. Listed in Strathmore's Who's Who, Millenium Edition 2000-2001.Please note that Mr. Brandel is not an attorney. However he is a counselor at law on the Hopi Indian Reservation and a legal advocate, court appointed, on the other Indian Reservations named above. Mr. Brandel, therefore, enjoys all the rights and privileges of an attorney while practicing before the Tribal Courts. http://www.lawguru.com/cgi/bbs/attyPages/ctbrand.html (Added: Fri Oct 22 2004 Hits: 22 Rating: 0.00 Votes: 0) Rate It -- Review It -- Charles J. Williamson, Attorney At Law Attorney/MBA/LLM in Intellectual Property and Information Law, with an in-house counsel record of achievement for consistent facilitation and support of business growth, while maintaining acceptable levels of risk and managing civil litigation activity to contain outside attorney costs. Also, a very successful record as a civil litigation attorney. B.S. in Mathematics and Computer Science, M.B.A. with concentrations in Marketing/Finance, J.D. and LL.M. in Intellectual Property and Information Law - each with honors. High tech pre-legal background. Admitted: Texas -1992; Registered with California State Bar and will sit for Attorney's bar exam in 2/2004; will gain admittance to New York Bar (reciprocity with Texas); Southern District Federal Court of Texas; Fifth Circuit Federal Court of Appeals - 1992.Practice Focus:Sale, License, Lease of Computer Software and Hardware E-Commerce;Intellectual Property;Bricks-to-Clicks Transitions;Web Site Development And Hosting Issues;Software Projects and Development;Representation in the New Media;IT Law Disputes And Transactional Support;Business Formation and Start-up;Contract Negotiation and Drafting;Domain Name Issues and Disputes;Computer and Internet (Cyber) Law;General Counsel Support;Litigation and Litigation Management; andIntellectual Property Asset Management and Strategy. http://www.lawguru.com/cgi/bbs/attyPages/cjw1.html (Added: Fri Oct 22 2004 Hits: 20 Rating: 0.00 Votes: 0) Rate It -- Review It -- Coughenour Law Office, P.C. Even when it seems as if "everyone else" is on the "other" side, you can have a strong advocate with Kathleen Coughenour DeLaRosa. Kathleen worked in law offices for nearly 15 years before she became a lawyer herself, and has been in a position where she needed a lawyer herself, so she actually knows how you feel and will address your concerns. Kathleen represents individuals and small business owners, and also often associates with trial attorneys to handle appeals for their clients. http://www.lawguru.com/cgi/bbs/attyPages/kcdela.html (Added: Fri Oct 22 2004 Hits: 18 Rating: 0.00 Votes: 0) Rate It -- Review It -- Daz & Associates Bilingual: Spanish and English-Read, Write & Speak Proficiently.Paralegal 1991 to 2001 for solo practitioner criminal defense attorney. http://www.lawguru.com/cgi/bbs/attyPages/otilia.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- Donald T. Scher & Associates, P.C. Donald Scher is an Elder Law attorney who devotes the majority of his practice to the protection of seniors, and their families, including matters involving guardianship/conservatorship, probate, wills, trusts, estate planning, long term care, estate administration and advance medical directives. Don is particularly active in combatting elder abuse and financial exploitation. Mr. Scher speaks regularly to Bar Association groups and civic groups, and is on the faculty of National Business Institute, sponser of legal educational seminars on Elder Law and related subjects. Don has been admitted to practice in Arizona and California, and before Federal District Court and the United States Supreme Court. http://www.lawguru.com/cgi/bbs/attyPages/donscher.html (Added: Fri Oct 22 2004 Hits: 26 Rating: 0.00 Votes: 0) Rate It -- Review It -- Freeman Law Office Previously V.P. of Intellectual Property for a technology firm. Experienced at licensing, both foreign and domestic. Have produced and delivered I.P. training programs for engineers and administrative employees.We specialize in taking inventions from the idea stage through patenting all the way to commercialization. Due diligence and I.P. portfolio analysis a specialization. http://www.lawguru.com/cgi/bbs/attyPages/idealaw.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- GoodmanLaw Free legal forms, Arizona legal assistance and much more! http://www.goodmanlaw.com (Added: Fri Aug 27 2004 Hits: 22 Rating: 0.00 Votes: 0) Rate It -- Review It -- J & K Law Firm http://www.lawguru.com/cgi/bbs/attyPages/JoyKen41.html (Added: Fri Oct 22 2004 Hits: 11 Rating: 0.00 Votes: 0) Rate It -- Review It -- James C. Earle, APC IN LAW PRACTICE SINCE 1986,(AS AN ATTORNEY AND AS A FIRM), WE HAVE FOCUSED OUR PRACTICE ON CONSTRUCTION DEFECT LITIGATION. WE ARE EXPERIENCED CONSTRUCTION DEFECT LAW ATTORNEYS WHO HAVE REPRESENTED PLAINTIFFS, DEVELOPERS, GENERAL CONTRACTORS AND SUBCONTRACTORS IN ALL PHASES OF CONSTRUCTION DEFECT LITIGATION, INCLUDING TRIAL. WE HAVE REPRESENTED THOUSANDS OF HOMEOWNERS IN THE CLAIM AND LITIGATION PROCESS TO OBTAIN SETTLEMENTS AND JUDGMENTS IN ORDER TO ALLOW HOMEOWNERS TO FIX THEIR HOMES. http://www.lawguru.com/cgi/bbs/attyPages/WOLFJCE.html (Added: Fri Oct 22 2004 Hits: 19 Rating: 0.00 Votes: 0) Rate It -- Review It -- John Kubasch, Attorney at Law PLLC Multiple practice, Legal Malpractice,Personal injury, Medical Malpractice, , Divorce etc..... http://www.lawguru.com/cgi/bbs/attyPages/jcrambo.html (Added: Fri Oct 22 2004 Hits: 16 Rating: 0.00 Votes: 0) Rate It -- Review It -- Jon C. Dake & Assoc., P.C. Handling Divorce and all areas of Family Law, including Legal Separations, Alimony Issues, Child Custody, Child Support and Visitation, Pre-Marital Agreements and Paternity. http://www.lawguru.com/cgi/bbs/attyPages/rpeters.html (Added: Fri Oct 22 2004 Hits: 11 Rating: 0.00 Votes: 0) Rate It -- Review It -- Law Office of David Alan Darby Arizona Criminal Defense http://www.davidalandarby.com (Added: Mon Sep 17 2001 Hits: 44 Rating: 0.00 Votes: 0) Rate It -- Review It -- Law Office of J. Scott Wickland, P.C. The Law Office of J. Scott Wickland dedicates itself to helping people who have been injured or who have lost a loved one as a result of an accident. Our team is experienced in handling all types of Personal Injury & Wrongful Death matters, including automobile accidents, boating accidents, premises liability, products liability and more. 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Drunk Driving Law

Alberta DUI Laws,Criminal Laws Alberta DWILaws DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Sponsored by: Your Banner Here Case Briefs www.casebriefs.net D atabase F or C anadian C riminal L aw | Summariesof DUI Law DWI Law Alberta | Law | FirstAppearance | Practice Descriptions | Local Data | Courthouses | Licenses Anderson Dawson Knisely Stevens & Shiagec , AB DUI Law, DWI Laws Legal limit .08. Requirements: detailed description of right to counsel; reasonable grounds to issue initial breath demand; roadside screeners primary and almost exclusive basis for probable grounds. Intoxilyzer 5000C exclusive evidence quality machine. Prominent defences: evidence to the contrary, Charter of Right violations, delay issues. Savage Brebner , AB DUI Law, DWI Laws Please add data. Sproule MacNaughton , AB DUI Law, DWI Laws First offenders subject to fine of approximately $700 (as of 2003), plus Canada-wide driving prohibition for a minimum of 3 months. Alberta subscribes to the "Ignition Interlock Program"; successful applicants can be legally driving again after minimum 3 months, so long as approved Interlock Device installed in their vehicle. Alberta also has automatic 3 month suspension (after 21 day grace period) for drivers accused of "over .08" or "refusal", pursuant to "Administrative Licence Suspension" regulations (currently subject to constitutional challenge) under the Traffic Safety Act. 1667 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.

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Kentucky DUI LAW › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development Kentucky DUI LAW Choose your Kentucky county to locate a DUI LAW Lawyer in your area. :: Select a County :: Adair County Allen County Anderson County Ballard County Barren County Bath County Bell County Boone County Bourbon County Boyd County Boyle County Bracken County Breathitt County Breckinridge County Bullitt County Butler County Caldwell County Calloway County Campbell County Carlisle County Carroll County Carter County Casey County Christian County Clark County Clay County Clinton County Crittenden County Cumberland County Daviess County Edmonson County Elliott County Estill County Fayette County Fleming County Floyd County Franklin County Fulton County Gallatin County Garrard County Grant County Graves County Grayson County Green County Greenup County Hancock County Hardin County Harlan County Harrison County Hart County Henderson County Henry County Hickman County Hopkins County Jackson County Jefferson County Jessamine County Johnson County Kenton County Knott County Knox County Larue County Laurel County Lawrence County Lee County Leslie County Letcher County Lewis County Lincoln County Livingston County Logan County Lyon County McCracken County McCreary County McLean County Madison County Magoffin County Marion County Marshall County Martin County Mason County Meade County Menifee County Mercer County Metcalfe County Monroe County Montgomery County Morgan County Muhlenberg County Nelson County Nicholas County Ohio County Oldham County Owen County Owsley County Pendleton County Perry County Pike County Powell County Pulaski County Robertson County Rockcastle County Rowan County Russell County Scott County Shelby County Simpson County Spencer County Taylor County Todd County Trigg County Trimble County Union County Warren County Washington County Wayne County Webster County Whitley County Wolfe County Woodford County Kentucky counties - map view Kentucky DUI cases can be charged in two different ways: either violating the law prohibiting driving under the influence of alcohol (or other drugs ) , which relates to a loss of one's physical or mental faculties as the result of drinking ; or by violating Kentucky's per se law , simply by driving with an alcohol level of .08% or more. (For drivers under the age of 21, the limit is .02%.) Before political groups, such as MADD (http://www.madd.org) , took over the legislative process, to get a DUI conviction in Kentucky the government had to prove driver was "under the influence of alcohol." This type of case is pursued even if no alcohol content test result exists from a blood, breath or urine test . Most cases in which a suspected impaired driver refuses a chemical test of his or her blood, breath or urine are prosecuted as "under the influence" cases. Cases in which the driver does not test above the legal limit can be prosecuted as "under the influence" cases. Now, drunk driving cases can be brought even if there is no impairment to a person's driving, due to the per se laws. These laws criminalize driving based upon the "science" of blood or breath alcohol testing , and being above a certain level, even if there is nothing whatsoever wrong with the way the person is driving. Kentucky "repeat offender" status for DUI cases is determined based upon a five-year "lookback" period . This status is used for purposes of increased mandatory minimum punishment. This "lookback" period has nothing to do with how long a DUI remains on your record. For purposes of Kentucky law, the "lookback" period is calculated from arrest date to arrest date. top First offense Kentucky DUI Cases are punished as follows: Fine: $200.00-$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.) Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be imposed. Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days. License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment , drivers may be reinstated. Alcohol and Drug Assessment and Treatment: Ninety days . Any non-Kentucky driver's home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the non-resident's license is involved. In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the non-resident's home state. A "not guilty" verdict or other non-DUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a non-DUI disposition. DUI Second Offense DUI Third Offense DUI Fourth Offense Drivers Under 21 top Aggravating Factors The new DUI law in Kentucky, effective October 1, 2000, establishes a list of six aggravating factors, which, if present, double the mandatory minimum jail sentence which must be imposed and which cannot be probated or conditionally discharged. Aggravating factors only act to enhance minimum jail sentences. Aggravating factors do not enhance fines, fees and license suspensions. The aggravating factors are: Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit; Operating a motor vehicle in the wrong direction on a limited access highway; Operating a motor vehicle that causes an accident resulting in death or serious physical injury; Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.18 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle; Refusing to submit to any test of one's blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws; Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old. Mandatory minimum jail sentences for a DUI with an aggravating factor are: First Offense: Four days; Second Offense: 14 days; Third Offense: 60 days; and Fourth Offense: 240 days. The aggravating factors do not apply to under-21 DUIs. There is no prohibition on dismissal by the prosecution of the aggravated circumstance to avoid the minimum mandatory sentence. For a first offense, the aggravating factor must be present at the time of operation of the motor vehicle. This excludes imposition of the mandatory minimum jail sentence for refusals since refusals cannot occur at the time of operation of a motor vehicle. top "Refusal" Penalties If you are operating or in physical control of a motor vehicle anywhere in Kentucky you are deemed to have given your consent to one or more tests of your blood, breath, or urine for purposes of determining alcohol concentration. This is called the implied consent law. At the testing site, at the time a chemical test is requested, you shall be informed that: a refusal may be used against you in court as evidence and will result in revocation of your driver's license; if you refuse and are subsequently convicted of DUI you will be subject to a mandatory jail sentence which is twice as long as the mandatory jail sentence imposed if you submit to the tests; and if you refuse you will not be able to obtain a hardship license. If you submit to the requested tests, you have the right to a test or tests of your blood performed by a person of your choosing within a reasonable time and at your expense. You must be advised of this right and specifically asked, "Do you want such a test?" Remember you must submit to all requested police chemical tests, except a portable breath test, before you have the right to an independent test. Even if you are acquitted of the DUI at trial, the court shall impose the appropriate license suspension for refusing to submit to a chemical test. For a DUI first offense refusal, a driver's license shall be suspended for 30 days to 120 days. For a DUI second offense refusal, a driver's license shall be suspended for 12 months to 18 months. For a DUI third offense refusal, a driver's license shall be suspended for 24 months to 36 months. For a DUI fourth offense refusal, a driver's license shall be suspended for sixty (60) months. Right to a Lawyer Kentucky drunk driving law is unique in one key respect: If arrested for DUI, you now must be afforded an opportunity to attempt to contact a lawyer. The opportunity is for not less than ten minutes or more than 15 minutes during the observation period prior to a breath test or at the hospital prior to blood or urine testing. Failure to contact a lawyer during this time does not excuse you of the obligation to take the chemical test. top :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.

Arizona dui lawyer daniel

LawGuru.com - Legal Links Section: Law Firms/US Firms/Arizona -- -- -- • HOME • LINK HOME • ADD A LINK • MODIFY A LINK •-- NEW LINKS • COOL LINKS • TOP RATED • NEWSLETTER • RANDOM LINK • -- SEARCH • FIND FORMS • ATTORNEY NETWORK • LEGAL QUESTIONS • LOGIN •-- Looking for something in particular? the entire directory only this category More search options Home : Law Firms : US Firms : Arizona Sponsored Links: Scottsdale Luxury Suites - Scottsdale Links Resort - Call 888-990-1326 for discounted Scottsdale Links Resort reservations of North Scottsdale, Arizona. Get details on these golf travel accommodations. - Bid: 0.12 United States Schools of Golf - Arizona - Golf school chain profiles its locations throughout Arizona, including Chandler, Mesa and Scottsdale. Read about instruction techniques. - Bid: 0.10 Arizona Biltmore in Phoenix, AZ - Hotels.com - Make reservations at the Arizona Biltmore in Phoenix, Arizona. See hotel star ratings, view photos, and find other Arizona lodging. - Bid: 0.10 LINKS: Pages: 1 2 [] Arizona Dui Attorney- Daniel Jaffe Arizona dui lawyer daniel jaffe focuses 100% on defending those accused of dui in az. http://www.duiattorney.com (Added: Thu Aug 04 2005 Hits: 0 Rating: 0.00 Votes: 0) Rate It -- Review It -- Arizona Personal Injury Lawyer Beauchamp law office offers experienced phoenix personal injury lawyers ready to assist you in any legal matter. http://www.arizonaaccidentinjury.com (Added: Tue Jul 05 2005 Hits: 2 Rating: 0.00 Votes: 0) Rate It -- Review It -- Tucson Dui Lawyers - Charnesky & Dieglio, L.l.c. Tucson dui information provided by charnesky & dieglio, l.l.c. experienced, aggressive tucson dui lawyers http://www.tucsonduilawyers.com (Added: Wed Oct 12 2005 Hits: 0 Rating: 0.00 Votes: 0) Rate It -- Review It -- Aggressive and Experience Criminal Defense in Arizona Lamm & Associates provides aggressive defense of all felonies, misdemeanors, and DUI's statewide. Former prosecutors now defend those accused or charged with one attorney having unique experience and knowledge of online sex crimes and computer crimes. http://www.cyberlawaz.com (Added: Thu Dec 13 2001 Hits: 50 Rating: 0.00 Votes: 0) Rate It -- Review It -- Almquist & Company, P.C. http://www.lawguru.com/cgi/bbs/attyPages/robert.html (Added: Fri Oct 22 2004 Hits: 20 Rating: 0.00 Votes: 0) Rate It -- Review It -- Arizona DUI Law Detailed and useful information on Arizona DUI Law. http://www.duiarizona.com (Added: Fri Aug 27 2004 Hits: 39 Rating: 0.00 Votes: 0) Rate It -- Review It -- Arizona Law & Legal Issues KEYTLaw is an Arizona law firm that provides legal services to Arizona businesses and individuals. http://www.keytlaw.com/az/azlaw.htm (Added: Sat Mar 30 2002 Hits: 41 Rating: 10.00 Votes: 1) Rate It -- Review It -- Attorney at Law Monica H. Donaldson is committed to providing quality legal services to Arizona residents. I practice primarily in the areas of family law and estate planning/probate, although I occasionally handle other civil law matters. http://www.lawguru.com/cgi/bbs/attyPages/monica.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- Benham & Anaiase I am a doctor and a lawyer my practice is limited to social security and workman compensation http://www.lawguru.com/cgi/bbs/attyPages/danaise.html (Added: Fri Oct 22 2004 Hits: 16 Rating: 0.00 Votes: 0) Rate It -- Review It -- Berens, Kozub & Lord PLC My practice is focused on the needs of small businesses and their owners. Most matters I handle involve one or more of the following practice areas:Business entity planning and formation;Estate Planning;Purchase and sale of businesses;Tax controversies;Federal Income Tax planning.I also act as an arbitrator or mediator of commercial disputes. http://www.lawguru.com/cgi/bbs/attyPages/boblord.html (Added: Fri Oct 22 2004 Hits: 19 Rating: 0.00 Votes: 0) Rate It -- Review It -- Bonnett, Fairbourn, Friedman & Balint, P.C. http://www.lawguru.com/cgi/bbs/attyPages/afried.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- BORRELLI LAW OFFICE Protect Your Rights! Borrelli Law Office fucuses on the defense of the accused. Experienced Arizona Criminal and DUI defense attorney, handling all felony and misdemeanor charges in Maricopa County and Western Pinal County, including Mesa, Phoenix, Tempe, Chanlder, Scottsdale, Gilbert, Glendale, Apache Junction and Florence. http://www.lawguru.com/cgi/bbs/attyPages/blb73.html (Added: Fri Oct 22 2004 Hits: 17 Rating: 0.00 Votes: 0) Rate It -- Review It -- Center for Indian law Admitted to practice on the following Indian reservations: Hopi, Salt River-Pima, Ft. McDowel, Hualapai, Ak-Chin (Pagago-Pima), Sisseton-Whapeton, SD.Specializes in civil, criminal and juvenile matters as well as appellate. Also, Judge Pro-Tem, Ak-Chin Community Tribal Court, Maricopa, AZ. Listed in Strathmore's Who's Who, Millenium Edition 2000-2001.Please note that Mr. Brandel is not an attorney. However he is a counselor at law on the Hopi Indian Reservation and a legal advocate, court appointed, on the other Indian Reservations named above. Mr. Brandel, therefore, enjoys all the rights and privileges of an attorney while practicing before the Tribal Courts. http://www.lawguru.com/cgi/bbs/attyPages/ctbrand.html (Added: Fri Oct 22 2004 Hits: 22 Rating: 0.00 Votes: 0) Rate It -- Review It -- Charles J. Williamson, Attorney At Law Attorney/MBA/LLM in Intellectual Property and Information Law, with an in-house counsel record of achievement for consistent facilitation and support of business growth, while maintaining acceptable levels of risk and managing civil litigation activity to contain outside attorney costs. Also, a very successful record as a civil litigation attorney. B.S. in Mathematics and Computer Science, M.B.A. with concentrations in Marketing/Finance, J.D. and LL.M. in Intellectual Property and Information Law - each with honors. High tech pre-legal background. Admitted: Texas -1992; Registered with California State Bar and will sit for Attorney's bar exam in 2/2004; will gain admittance to New York Bar (reciprocity with Texas); Southern District Federal Court of Texas; Fifth Circuit Federal Court of Appeals - 1992.Practice Focus:Sale, License, Lease of Computer Software and Hardware E-Commerce;Intellectual Property;Bricks-to-Clicks Transitions;Web Site Development And Hosting Issues;Software Projects and Development;Representation in the New Media;IT Law Disputes And Transactional Support;Business Formation and Start-up;Contract Negotiation and Drafting;Domain Name Issues and Disputes;Computer and Internet (Cyber) Law;General Counsel Support;Litigation and Litigation Management; andIntellectual Property Asset Management and Strategy. http://www.lawguru.com/cgi/bbs/attyPages/cjw1.html (Added: Fri Oct 22 2004 Hits: 20 Rating: 0.00 Votes: 0) Rate It -- Review It -- Coughenour Law Office, P.C. Even when it seems as if "everyone else" is on the "other" side, you can have a strong advocate with Kathleen Coughenour DeLaRosa. Kathleen worked in law offices for nearly 15 years before she became a lawyer herself, and has been in a position where she needed a lawyer herself, so she actually knows how you feel and will address your concerns. Kathleen represents individuals and small business owners, and also often associates with trial attorneys to handle appeals for their clients. http://www.lawguru.com/cgi/bbs/attyPages/kcdela.html (Added: Fri Oct 22 2004 Hits: 18 Rating: 0.00 Votes: 0) Rate It -- Review It -- Daz & Associates Bilingual: Spanish and English-Read, Write & Speak Proficiently.Paralegal 1991 to 2001 for solo practitioner criminal defense attorney. http://www.lawguru.com/cgi/bbs/attyPages/otilia.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- Donald T. Scher & Associates, P.C. Donald Scher is an Elder Law attorney who devotes the majority of his practice to the protection of seniors, and their families, including matters involving guardianship/conservatorship, probate, wills, trusts, estate planning, long term care, estate administration and advance medical directives. Don is particularly active in combatting elder abuse and financial exploitation. Mr. Scher speaks regularly to Bar Association groups and civic groups, and is on the faculty of National Business Institute, sponser of legal educational seminars on Elder Law and related subjects. Don has been admitted to practice in Arizona and California, and before Federal District Court and the United States Supreme Court. http://www.lawguru.com/cgi/bbs/attyPages/donscher.html (Added: Fri Oct 22 2004 Hits: 26 Rating: 0.00 Votes: 0) Rate It -- Review It -- Freeman Law Office Previously V.P. of Intellectual Property for a technology firm. Experienced at licensing, both foreign and domestic. Have produced and delivered I.P. training programs for engineers and administrative employees.We specialize in taking inventions from the idea stage through patenting all the way to commercialization. Due diligence and I.P. portfolio analysis a specialization. http://www.lawguru.com/cgi/bbs/attyPages/idealaw.html (Added: Fri Oct 22 2004 Hits: 15 Rating: 0.00 Votes: 0) Rate It -- Review It -- GoodmanLaw Free legal forms, Arizona legal assistance and much more! http://www.goodmanlaw.com (Added: Fri Aug 27 2004 Hits: 22 Rating: 0.00 Votes: 0) Rate It -- Review It -- J & K Law Firm http://www.lawguru.com/cgi/bbs/attyPages/JoyKen41.html (Added: Fri Oct 22 2004 Hits: 11 Rating: 0.00 Votes: 0) Rate It -- Review It -- James C. Earle, APC IN LAW PRACTICE SINCE 1986,(AS AN ATTORNEY AND AS A FIRM), WE HAVE FOCUSED OUR PRACTICE ON CONSTRUCTION DEFECT LITIGATION. WE ARE EXPERIENCED CONSTRUCTION DEFECT LAW ATTORNEYS WHO HAVE REPRESENTED PLAINTIFFS, DEVELOPERS, GENERAL CONTRACTORS AND SUBCONTRACTORS IN ALL PHASES OF CONSTRUCTION DEFECT LITIGATION, INCLUDING TRIAL. WE HAVE REPRESENTED THOUSANDS OF HOMEOWNERS IN THE CLAIM AND LITIGATION PROCESS TO OBTAIN SETTLEMENTS AND JUDGMENTS IN ORDER TO ALLOW HOMEOWNERS TO FIX THEIR HOMES. http://www.lawguru.com/cgi/bbs/attyPages/WOLFJCE.html (Added: Fri Oct 22 2004 Hits: 19 Rating: 0.00 Votes: 0) Rate It -- Review It -- John Kubasch, Attorney at Law PLLC Multiple practice, Legal Malpractice,Personal injury, Medical Malpractice, , Divorce etc..... http://www.lawguru.com/cgi/bbs/attyPages/jcrambo.html (Added: Fri Oct 22 2004 Hits: 16 Rating: 0.00 Votes: 0) Rate It -- Review It -- Jon C. Dake & Assoc., P.C. Handling Divorce and all areas of Family Law, including Legal Separations, Alimony Issues, Child Custody, Child Support and Visitation, Pre-Marital Agreements and Paternity. http://www.lawguru.com/cgi/bbs/attyPages/rpeters.html (Added: Fri Oct 22 2004 Hits: 11 Rating: 0.00 Votes: 0) Rate It -- Review It -- Law Office of David Alan Darby Arizona Criminal Defense http://www.davidalandarby.com (Added: Mon Sep 17 2001 Hits: 44 Rating: 0.00 Votes: 0) Rate It -- Review It -- Law Office of J. Scott Wickland, P.C. The Law Office of J. Scott Wickland dedicates itself to helping people who have been injured or who have lost a loved one as a result of an accident. Our team is experienced in handling all types of Personal Injury & Wrongful Death matters, including automobile accidents, boating accidents, premises liability, products liability and more. Please contact our office for a free, confidential consultation. http://www.lawguru.com/cgi/bbs/attyPages/wickland.html (Added: Fri Oct 22 2004 Hits: 19 Rating: 0.00 Votes: 0) Rate It -- Review It -- Pages: 1 2 [] Click here to find premium legal forms! • HOME • LINK HOME • ADD A LINK • MODIFY A LINK •-- NEW LINKS • COOL LINKS • TOP RATED • NEWSLETTER • RANDOM LINK • -- SEARCH • FIND FORMS • ATTORNEY NETWORK • LEGAL QUESTIONS • LOGIN •-- Links SQL --