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Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - The officer used a penlight. Is this a field sobriety test? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - The officer never gave me a miranda warning. Can I get my case dismissed? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - Why am I being charged with two crimes? - Do I need a lawyer or can I represent myself? - What defenses are there in a dui case? - What is a rising bac defense? - What is the punishment for drunk driving? - What is a sentence enhancement? - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? - What is the criminal statute of limitations on a dui / dwi? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? - I caused an automoble accident involving three other cars while intoxicated. The police at the accident questioned me but never ticketed me. I was sent to the hospital along with the other accident victims. At the hospital my blood was drawn as part of hospital procedure. Do police have access to the hospital/patient information and blood specimens? Breathalyzer, urine, blood tests - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? Cough syrup - I took some codeine cough syrup and then got arrested for drunk driving. The blood test showed the codeine, but the alcohol level was not high enough to be a problem. They still charged me with driving under the influence. Should I fight it or plead? Drunk driving arrests - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - Why am I being charged with two crimes? Drunk driving defenses - What defenses are there in a dui case? - What is a rising bac defense? - The officer never gave me a miranda warning. Can I get my case dismissed? Insurance - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? Legal help - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - Do I need a lawyer or can I represent myself? Miranda warning - The officer never gave me a miranda warning. Can I get my case dismissed? Penalties for drunk driving - What is the punishment for drunk driving? - What is a sentence enhancement? Roadside (field sobriety) tests - If a police officer pulls me over, what kinds of roadside tests can the officer ask me to perform? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - The officer used a penlight. Is this a field sobriety test? - Can I refuse to take field sobriety tests? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? Traffic stops - What do police officers look for when searching for drunk drivers on the highways? - What is the officer looking for during the initial detention at the scene? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - If im stopped by a police officer and he/she asks me if ive been drinking, what should I say? - I received a dui while living in state a, did not take care of the violation and moved to state b. Is there a statute of limitations on this? If not, what is my best option? 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Colorado DUI - Colorado Drunk Driving Defense - US DUI Links Cases DUI FAQS DMV Services Fees SURVIVAL TIPS Colorado Misdemeanors DUI News Colorado DUI Defense Office of Jim Forslund 3780 S. Broadway Englewood, CO 80113 303-761-6067 CELL: 303-332-3602 FAX: 303-672-6815 DUI Interview Don't Let Your Colorado DUI Ruin Your Life! I will fight to save your license and freedom! DUI Directory DUIlaw When you've been arrested for a DUI in Denver or Boulder and you don't think it's fair, you need a lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results. You've just found that lawyer. I understand that you're probably feeling confused, angry, or somewhat fearful about what's happened to you. The process of being arrested, taken to jail, fingerprinted, and photographed was probably very dehumanizing to you. I sincerely sympathize with that. To be honest with you--you're faced with a charge which can have serious outcomes. (Please see what your DUI may cost .)I don't want to scare you, but let me give you a glimpse of what's in store for you. If your case goes the wrong way you could lose your license, your insurance could go up, you could be fined, it could hurt you when you apply for a job, and you could even go to jail. I'll Help You Keep Your License and Your Freedom I know you're fearful about what might happen to you, but I'd like you to know that there's a good chance I can help. Did you know that there are at least 20 possible challenges that can be made to the charges you are facing? I can raise applicable ones for you so your case is as strong as possible. Sure, I can just fill out the forms and talk to the District Attorney, but in many cases the best choice is to fight. That's the kind of case I focus on. My goal is to get you off, to keep your record clean, and to prevent you from losing your freedom and your license to drive. You see . . . my practice is based on the belief that you were arrested when you shouldn't have been. At the very least, I'll make sure that you're being treated fairly. The District Attorney prosecutes these types of cases all day. He knows--and is willing to use against you--all of the fine legal points that are available to him. The law says that he only needs to prove that after drinking you were not able to drive your car safely or that your blood alcohol exceeds a certain limit. That sounds pretty cut and dried, but it's not quite as simple as that. You see, if challenged, the DA also has to show that the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it. If he gets information which may prove you innocent, an attorney can make him give you that information also. Get The Legal Help You Need That's where I come in. I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly. If they weren't, then his case is weakened. I can't promise you that I'll be successful because each case is unique. Maybe the judge assigned to your case is more lenient on drunk driving cases, or maybe he is harsher on them. Maybe there are some things distinctive to your case which are important. However, all things being equal, I think you'll find that I am well-skilled and that I fiercely protect your rights. When you retain me you'll get expert legal help from an attorney who knows how to guide your case through the complexities of the legal system because I've done it numerous times. You'll be certain you are being treated fairly by the judicial system because I'll insist: that the District Attorney provide us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions for them. that the DA provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence. on receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified. on proof that you were advised of all of your rights. If you weren't, the DA's case may be weakened. I talk to the District Attorney beforehand to get him to produce his proof and let him know that I will be contesting in court all these points I mentioned. When his case is challenged, he has to take a lot of time producing this material and witnesses. As you can see, what looks simple gets pretty complex. As your attorney I will look into all ofthese things for you so that you will have the best possible case. Actually, there is more, but I don't have space in this letter to tell you all of it. Free Consultation and Review of Your DUI Arrest $150 Value You're probably like most people arrested for a DUI. You don't really know the rightthing to do about it, and you don't know whether or not you can win if you contest your arrest. For both of these reasons, I'd like to buy you a free consultation to give you the additionalinformation I just mentioned and to review your case. If you would like to meet with me, I will be happy to set up an appointment with you. That way you'll be able to learn all you need to know about your situation. This telephoneconference is free to you, will last about an hour, and there is no further obligation at all. In fact,until you agree, in writing, to pay me, you will never owe me any money. You can call and leave a message at any time. Here's How I'll Protect Your Rights When we talk, I will analyze the facts of your case, give you my opinion about it, and discuss my approach to it. I'll explain how we'll protect your legal rights, what your options are,and how the whole judicial process works, so you'll know exactly what happens. Plus, you'll learn how I will guide you through the court system and how I'll championyour rights, using all my ingenuity and the options in the legal system to defend and protect you. For example, I'll review the Complaint against you . . . the steps which were used toconduct the chemical and roadside tests against you to determine if they are valid . . . and I'll showyou how the police officer's testimony can be impeached. I will also tell you about my fees. (Please see my fees information page )) Anything you tell me during this and all other meetings will be confidential, whether or not you retain me. In summary, with my help you'll get: A free initial phone consultation. Personalized attention. I'll return your phone calls promptly, keep you informed, and answer all questions to help you put the pieces back together. Reasonable fees , and you'll know in advance how you'll be charged. Experience . For over 18 years I've helped people just like you. Aggressiveness . While I accept peaceful settlements, I take a tough stance to protect you. So, if you want an attorney you can talk to, who understands what you want, who isinterested in you and your situation, and who fights to get you results, call me today at 303-761-6067 for your free consultation. The first meeting is free, so there is no risk on your part; and you'll be able to get all yourquestions answered. When we are finished, if you're not convinced that I will be able to protectyou to your complete satisfaction, then you can leave and I won't trouble you again . . . and you'llowe me nothing. In any event, at the end of the consultation you'll be more knowledgeable, you'll knowwhat to expect in the judicial process, and be able to make more informed decisions about yourcase. And by the way, your arrest may have included a cancellation of your drivingprivileges. You only have seven days to respond to this issue. As a courtesy to you, I willtell you what you must do about this, at no charge, just for calling me. Please remember, the charges against you are serious and can carry severe consequenceswhich could be damaging to your present and your future. You can discover for yourself how Ican help save your license and freedom by calling me at 303-761-6067. Sincerely, Jim Forslund P.S. In case you're still undecided about who, if anyone, to go to, let me tell you one final thing--it may be important. There is no extra fee for handling any other charges on the Complaint against you, as long as it is no more serious than a misdemeanor. © 2001 BLS Drunk Driving websites Find a DWI DUI Drunk Driving Lawyer in your state. Ten Mistakes How to avoid the 10 biggest mistakes most people make after being arrested for DUI. Case Tips 53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU Police Mistakes Mistakes the police make . . . and how they can help you. Colorado DUI/DWAI Law CRS § 42-4-1301. Driving under the influence--driving while impaired by alchohol, alchol or alcohol. DUI now .08 in Colorado This applies to arrests made on 7/1/4 or later. Do not plead to impaired if you are below .08! What Happens After A DUI Arrest? There are usually both Motor Vehicle and Court Proceedings. Lawyer Mistakes The Top 10 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them Rights in a Colorado DUI It is very important to understand them. Calculate Your Blood Alcohol Content It makes a difference. Colorado Blood Alcohol Chart Colorado DUI Penalties What you are facing. License Statute Do you face the loss of your license. What Can I Do to Save My License? Fight to save your license! If you drive after losing your license, you face substantial penalties. Finding Places Maps, addresses, phone numbers. Where to request a DMV hearing to fight to save your license. Challenges There are many possible challenges that can be made to the charges you are facing. Attorney Information Area covered. Address. Phones. Colorado attorneys beyond coverage area. We serve clients in the greater Denver Boulder Metro area. DUI & Immigration Interstate Driver License Compact How to get a Colorado license when your driver license is suspended in another state. Humor Break Did you spell it alchohol, alchol or alcohol? Alchohol is the most common. Alchol the least, but right after alcohol, which is correct. Colorado DUI Courts . DUI courts in the north-eastern 2/3 of Colorado. Colorado DMV Offices . DMV offices in the north-eastern 2/3 of Colorado. International Referral Database DWI DUI Drunk Driving Lawyers: Alaska: Anchorage Arizona: Phoenix Sierra Vista Tucson California: Los Angeles Sacramento San Diego San Francisco Santa Barbara Santa Cruz Colorado Denver Colorado Springs Pagosa Springs Trinidad Connecticut: New London Florida: Fort Pierce Georgia: Atlanta Illinois: Chicago Louisiana: Covington Maryland: Greenbelt Massachusetts: Boston Minnesota: Minneapolis Mississippi: Jackson Missouri: Kansas City St. Louis Nevada: Las Vegas New Jersey: Cherry Hill New York: Long Island New York City North Carolina: Durham North Dakota: Grand Fork Ohio: Columbus Oklahoma: OK City Oregon: Medford Pennslyvania: Edinboro Montgomery & Bucks Philadelphia Pittsburgh State College Tennessee: Memphis Texas: Austin Conroe Dallas Denton Ft. Worth Houston Kerrville League City Lubbock Plano San Antonio Utah: Ogden Virginia: Manassas Newport News Washington: Lynnwood West Viginia: Clarksburg Wisconsin: Milwaukee Madison External Links 500+ DUI law firms The laws of other states are different than Colorado laws. Sites that have linked to ours. Site Index



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DWI Lawyers in New

Bronx, New York DUI/DWI Attorneys, Lawyers and Law Firms DUI/DWI Lawyers in Bronx County, New York View all DUI/DWI Lawyers in New York Search for Premier DUI/DWI Attorneys Search by State: AL AK AZ AR CA CO CT DC DE FL GA HI ID IL IN IA KS KY LA ME MH MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA PR RI SC SD TN TX VI UT VT VA WA WV WI WY -------- or --------- Search within: 25 Miles 50 Miles 125 Miles All From Zip Code: Additional Resources How a criminal lawyer can help DUI/DWI Law (Drunk Driving) FAQs State-by-state DMV Information State laws on Drunk Driving MADD Impaired Driving Facts Alcoholics Anonymous Drunk Driving State Statisics Home -> DUI/DWI -> New York -> Bronx County Lawyers View All Bronx County Lawyers Premier Results: The Cochran Firm Criminal Defense Section Free Phone Consultation All Courts, All Crimes. Federal, State, Juvenile, Sex Crimes, Drugs, DUI, Domestic Violence, Embezzlement, etc. Available 24 Hours, for Free Consultation. Experienced Attorneys with Proven Results. Statewide, NY Send Email | Click Here for Phone Number | Visit WebSite Aaron M. Wallenstein - A New York Criminal Lawyer Free Initial Consultation Bronx DWI and criminal defense attorney who has handled thousands of cases in all NY courts. Former prosecutor. Available 24/7 for arraignments; free initial consultation. Payment plans, credit cards accepted. 160 Broadway, Suite 600 New York, NY 10038 Send Email | Click Here for Phone Number | Visit WebSite Listings for Bronx County DUI/DWI Lawyers: Bronx, NY J.L.Massas, Esq. , Jose Massas, 1136 Castle Hill Avenue Bronx County Lawyers in related fields Criminal Defense Lawyers Are you a Lawyer? List on AttorneyPages | Find Expert Witnesses | Find Legal Information / Advice | Legal Forms | About Us | Media AttorneyPages® is not a lawyer referral service and never receives any portion of any attorney's fees.We welcome feedback from visitors but are not responsible for any attorney's advice. Use of AttorneyPages.com is subject to our disclaimer, conditions of use and privacy policy.Use for marketing or solicitation is prohibited. AttorneyPages® , ExpertPages® and FreeAdvice® are trademarks and units of Advice Company ® 1997 to 2006 - All Rights Reserved - For feedback or listing information only, contact us by phone, Fax or Email: 2330 Marinship Way Suite 120, Sausalito, CA 94965, P.O. Box 1739 Sausalito, CA 94966 (415) 331-1212 - Fax (415) 331-4255



DWI Law was enacted

DOT HS 809 951 A Review of New York State's STOP-DWI Program Historical Overview In the summer of 1981, State Senator William T. Smith introduced the STOP-DWI legislation, which was considered during the 1981-1982 regular session of the New York State Legislature. This legislation was the result of years of advocacy by Senator Smith following the death of his daughter by an impaired driver in 1973 (New York STOP-DWI Coordinators Association, 2003). The STOP-DWI Law was enacted in November 1981, and county programs were first implemented in 1982. The American grassroots advocacy movement to criminalize drunk driving characterized the early 1980s, and New York citizens were at the heart of key historical events that shaped modern efforts to reduce impaired driving. The Institute for Traffic Safety Management and Research (ITSMR, 2003 reprint) describes the period from 1983 to 1985 as a time when there were many changes in drunk driving laws, in particular, the strengthening of penalties and fines for impaired drivers in New York. During the past two decades, State and national milestones in the evolution of impaired-driving control and prevention have accompanied STOP-DWI. Table 1 highlights historical events, key legislation, and other moments in time that shaped the current STOP-DWI program and associated activities in New York. Table 1. National, State, and Program Milestones, 1978 - 2003. TIMELINE STATE/PROGRAM MILESTONES NATIONAL MILESTONES 1978 Four NY Remove Intoxicated Drivers (RID) Chapters (including Prevent Alcohol Related Killings in Tompkins County) formed The Nation's first anti-DWI citizen group is formed in Schenectady, New York Remove Intoxicated Drivers (RID) 1980 NY State enacts No-plea-bargaining-out-of-alcohol law (plea limitations) and license revocation for chemical test refusals NY Senate Task Force on Drunk Driving Mothers Against Drunk Driving founded DWI Victim Impact Panel convened (Oswego County, NY) 1981 STOP-DWI Legislation enacted in New York National Just Say No Anti-Drug Campaign 1982 STOP-DWI Local Programs implement Minimum Drinking Age (MDA) 19 years old First Victim Impact Statement in court (Michelle Martin Case, Albany, NY) STOP-DWI Coordinators Association founded Presidential Commission on Drunk Driving Alcohol Countermeasures Incentive Grant Program created by Congress (Section 408) 1984 First Mandatory Safety Belt law (NY) Effort to increase MDA to 21 years old fails National Minimum Drinking Age (21 Years Old) established by Congress 1985 First Evaluation of STOP-DWI Alcohol Purchase Law (changed to Alcohol Possession Law in 1990) MDA 21 years old in New York 1988 Repeat Offender Administrative License Revocation Law (repeat alcohol offenders driving privileges suspended pending prosecution) Omnibus Anti-Drug Abuse Act (extends victims of DWI the same compensation rights offered to victims of other crimes) Drunk Driving Prevention Incentive Grant Program created by Congress (Section 410) Alcohol Beverage Labeling Act All States Enact MDA (21 Years Old) 1990 NY State Police begin first toll-free drunk driver reporting hotline in the U.S. U.S. Supreme Court rules in favor of sobriety checkpoints after constitutionality challenge. 1991 Intermodal Surface Transportation Efficiency Act (ISTEA)* 1992 Constitutionality of STOP-DWI Local Option revenues upheld by NY Supreme Court 1994 Administrative License Revocation Law expanded to include all alcohol offenders' driving privileges suspended pending prosecution (Judicial Per Se) 1995 Zero-Tolerance requirements established by Congress (illegal under age 21 to drive with any detectable alcohol in their systems) 1996 Zero-Tolerance Law for Underage Youth (.02 BAC) (November) 1998 Excise tax on beer lowered Transportation Equity Act for the 21st Century (TEA-21) and the TEA-21 Restoration Act established Incentive Grants for States with .08 BAC laws and sanctions for States without complying Repeat Offender and Open Container laws Zero-Tolerance legislation in all 50 States 2000 STOP-DWI Foundation created Open Container Law (August) 2002 Sean's Law ** Sanction for States without .08 BAC Laws 2003 .08 BAC Law (July) Repeat Offender Law (September) Graduated Driver Licensing Law (September) Underage drinking hotline (866-UNDER-21) established Beer Keg Registration (November) Certified Alcohol Server Training Program Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2003 (SAFETEA) Introduced * Enhanced Section 410 program to more effectively encourage States to adopt key anti-DWI legislation. ** Sean’s Law (allows judge to suspend license of learner’s permit of a minor charged with DWI or DWAI until the minor’s next court appearance) Data source(s): New York State Governor’s Traffic Safety Committee, 2004; Institute for Traffic Safety Management and Research, 2003 reprint; MADD, 2003; National Council on Alcoholism and Drug Dependence, 2004; New York State Police, 2003; RID, 2003. Of note, in 1992, the STOP-DWI program withstood an effort by the State of New York to directly use program resources. The State of New York directed the Comptroller to “collect, withhold and receive” up to 2 percent of STOP-DWI revenues from any court during the appropriations of the 1990-1991 State Budget. The stated purpose was to defray associated administrative costs of the Department of Motor Vehicles. This action resulted in the “2 percent lawsuit” and the STOP-DWI programs, beginning with a group of five counties and represented by Rensselaer County, subsequently sued the State of New York. The premise was that the State of New York overstepped its authority without basis as the STOP-DWI law specifically directed no administrative responsibilities other than oversight to the Commissioner of the Department of Motor Vehicles. Therefore, the New York Supreme Court ruled in 1992 that the State’s action was unconstitutional. The 2 percent lawsuit is an important historical milestone that affirmed the strength of the “local option” standard of the STOP-DWI program (Court of Appeals of New York, 1992). back next top contents



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