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Field Sobriety Testing THE

Field Sobriety Testing - Law Firm Peter J. Peaquin Attorneys Seattle, Washington 720 3rd Avenue Suite 2015 Seattle, Washington 98104 phone: 206-633-3000 fax: 206-467-3152 click here to email us Field Sobriety Testing THE ROADSIDE TESTS ARE VOLUNTARY AND SHOULD BE REFUSED Want to help the police officer build a DUI case against you? If so, take their tests in ignorance. Want the real truth? Then protect yourself and read on. "Field sobriety testing" (or FSTs) as practiced on the city streets and highways of Washington State is not an effective indication of a persons level of intoxication. There are no conclusive studies linking the results of any field test to legal intoxication. The best studies show less than an 80% rate of accuracy. Only three of the tests available to officers have been given any shroud of "scientific" legitimacy by the National Highway Traffic Safety Administration (NHTSA). These tests are: The Horizontal Gaze Nystagmus Test The Walk and Turn Test The One Leg Stand Test All other tests are not validated in any official way. In fact, many of the tests involve closing your eyes and balancing. Without a visual frame of reference, no "balance" test can honestly claim to measure sobriety or intoxication. Therefore, tests such as the Finger to Nose Test, and the Rhomberg Balance Test should be avoided. Other tests, such as counting or saying the ABCs backwards, counting ones fingers, or playing "pattycake" have no correlation whatsoever to ones ability to operate a motor vehicle safely. Officers regularly testify that FSTs are gauged to measure "divided attention." For instance, when you drive, you must divide your attention between several tasks, such as steering, breaking, navigating and signaling. The theory is that alcohol impair one's ability to divide attention. You have the absolute right to refuse to submit to field sobriety testing. If you decide to take the tests, the officer cast his/her own interpretation of your performance on your case. Keep in mind that the officer is already investigating you for DUI, and in all likelihood will arrest you even if you take the FSTs. THE DRAWBACKS OF REFUSING THE TESTS: Contrary to common misunderstanding, refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you not to refuse to take the tests). The biggest drawback of refusing these tests is that the prosecutor will argue that you refused out of a "consciousness of guilt." The prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. The other major drawback is that the officer will probably arrest you right away. Usually, this just speeds up the inevitable. The officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. CONCLUSION: As a general rule subject to very few exceptions, I recommend that you politely refuse to take the tests. If you have been accused of Driving Under the Influence, DUI, in Western Washington, including King County and the Cities of Seattle, WA, and Bellevue, Snohomish County and the City of Everett, and Pierce County and the City of Tacoma, please contact us today for a free consultation . Disclaimer: The information contained in these pages is to educate; therefore, nothing in these pages should be relied on as legal advice. Consult a qualified DUI defense attorney. Additional disclaimer information. Home | Firm Overview | Client Comments | FAQs | Practice Areas | Contact Us | Free Consultation 30-day Deadline | Preserve Your Rights | License Hearing | DUI Penalties | DUI Law | DUI Court Process | 10 Tips Newsletter | Latest Legal News | Directions | Disclaimer | Site Map



New Jersey DWI - NJ Drunk Driving Defense Information Recent Cases NJ DWI FAQS Atty. Information Attorney Fees Calculate BAC NJ Traffic Ticket New Jersey Drunk DrivingDefense Evan M. Levow , Attorney at Law Cherry Hill Plaza, Suite 200 1415 Route 70 East Cherry Hill, NJ 08034 Phone: (856) 428-5055 toll free (866) 566-6622 Cell: 856-889-5181 fax: 856-429-7726 Evan in the NEWS evanlevow@dwi-nj.com NJ DWI Interview Don't Let Your New Jersey DWI Ruin Your Life I will fight to save your license ... and freedom! DUI Directory DUIlaw When you've been arrested for a DWI in New Jersey, you need a lawyer who can protect your rights...make sure you're treatedfairly...and who knows how to properly handle a DWI case. You've just found that lawyer. I understand that you're probablyfeeling confused, angry, or somewhat fearful about what's happened to you. Theprocess of being arrested and taken to the police station was probably very dehumanizing to you. I sincerely sympathize with that. You're faced with acharge which can have serious outcomes. You could lose your license ... your insurance could go up or be cancelled ... you could even go to jail. It doesn't end there. A conviction can follow you and cause you other problems in the future. I'll Fight to Help You Keep Your License and Your Freedom There's a good chance I can help.There are many challenges that can be made tothe charges you are facing. I'll raise the applicable challenges for you so your case is as strong as possible. Anybody can plead you guilty. But in many cases thebest choice is to fight. That's the kind of case I focus on. At thevery least, I'll make sure that you're being treated fairly. You should be aware of all the defenses you have in this situation. The law requires proofthat after drinking you were not able to drive your car safely or that yourblood alcohol exceeded a certain limit. That sounds pretty cut and dried, butit's not quite as simple as that. You see, if challenged, the State also has toshow that the arresting officer made the arrest properly, that the field sobriety tests performed on you were instructed properly and scored properly, that you wereproperly advised of your rights, that the equipment he used to test you wasworking accurately, and even that the person operating that equipment wascertified to operate it. I have the knowledge and experience to challenge all of these things. I will request all of the items needed for your defense. Get The Legal Help You Need That's where I come in. I know how and where to compel the State to prove that all the steps used in your arrest weredone properly. If they weren't, then the State's case is weakened. In addition, you might like to know that Im Qualified by the National Highway Traffic Safety Administration and the International Chiefs of Police as aStandardized Field Sobriety Testing Instructor. I obtained this qualification because I want to know all of the parts of the tests that the officer may have given to you, and to be prepared to fully cross-examine the officer if you decide to go to trial. If I can figure out enough problems with the testing, that may be one of the ways to convince the prosecutorof weaknesses in the State's case. More importantly, I may be able to demonstrate to the judge that you should be found not guilty of that part of the State's case against you. I can't promise you that I'll be successfulbecause each case is unique. Maybe there aresome things distinctive to your case which are important. However, all thingsbeing equal, I think you'll find that I willprotect your rights. When you retain me you'll get legalhelp from an attorney who knows how to guide your case through the complexitiesof the legal system because I've done it numerous times. You'll be certain youare being treated fairly by the judicial system because I'll obtain: the name and address ofanyone the Prosecutor plans to call as a witness, as well as copies of every written orrecorded statements of their testimony. This will allow us to prepare ourquestions for them. any information or material that wouldshow that you are not guilty of the charges against you, or which may help youget a lighter sentence. copies of records showing that the equipment used for testswas functioning properly, and that the person giving the tests was properlycertified. proof that you were advised of all of your rights. If you weren't, thecase against you may be weakened. I contact the Prosecutorbeforehand to get the State to produce its' proof and let him know that I will becontesting in court all applicable defenses for you. As you can see, what looks simple getspretty complex. As your attorney I will look into all of these things for youso that you will have the best possible case. Actually, there is more, and I want to inform you of more. That's why I offer a free consultation, either on the phone or in person. FreeConsultation and Review of Your NJ DWI Arrest You're probably like most people arrestedfor a NJ DWI. You don't really know the right thing to do about it, and you don'tknow whether or not you can win if you contest your arrest. For both of these reasons, I'd like tomeet with you to give you the additional information I justmentioned and to review your case. Ifyou would like to meet with me, I will be happy to set up an appointment withyou. That way you'll be able to learn all you need to know about yoursituation. This conference is free to you, will last up to an hour,and there is no further obligation at all. To arrange for your free consultation, you can call and leave a message 24 hours a day. Someone from my office will get back to you as soon as possible, if we are not immediately available. Here's How I'll Protect Your Rights When we talk, I will analyze the facts ofyour case, give you my opinion about it, and discuss my approach to it. I'llexplain how we'll protect your legal rights, what your options are, and how thewhole judicial process works, so you'll know exactly what happens. Plus, you'll learn how I will guide you through the courtsystem and how I'll champion your rights, using theoptions in the legal system to defend and protect you. For example, I'll review the Complaintagainst you . . . the steps which were used to conduct the chemical androadside tests against you to determine if they are valid . . . and I'll showyou the strengths and weaknesses of your case. I will also tell you about my fees. (Pleasesee my fees informationpage ) Anything you tell me during this and all other meetings will beconfidential, whether or not you retain me. In summary, with my help you'll get: A free initial phone or in person consultation. Personalizedattention. I'll return your phone calls promptly, keep you informed, andanswer all questions to help you put the pieces back together. Experience . For over 10 years I've helped people just like you. Aggressiveness . While I seek to resolve your case and settle it, I also take a toughstance to protect your interests. So, if youwant 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 (856) 428-5055 or (866) 566-6622 for your free consultation. You can also reach me on my cell phone -- (856) 889-5181. The first meeting is free, so there is norisk on your part; and you'll be able to get all your questions answered. Whenwe are finished, if you're not convinced that I will be able to protect your rights, then you will leave without hiring me.  In anyevent, 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 informeddecisions about your case. Sincerely, Evan M. Levow 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. My job is to fight for you and fully protect your rights. So I promise to do everything I can to handle any and all misdemeanor charges that have been filed against you. According to the Supreme Court of New Jersey, and pursuant to the New Jersey Rules of Professional Conduct, this is considered an "advertisement." Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If the representations made on this page are inaccurate or misleading, you may report this to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. Box 037, Trenton, NJ 08625. I serve clients in all 21 counties in New Jersey 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 NJ DWI. Case Tips 57 Things YOU Need to Know about YourNJ DWI Case that NO ONE is Telling YOU Police Mistakes Mistakes the police make . . . and how they canhelp you. What Your NJ DWI May Cost What Can I Do to Save My License? Fight to saveyour license! If you drive after losing your license, you face substantialpenalties. What Happens After A NJ DWIArrest? Lawyer Mistakes The Top10 Mistakes Lawyers Can Make in Drunk Driving Cases. . . And How To Avoid Them N.J.S.A. 39:4-50 Driving While Intoxicated On January 22, 2004, the new 0.08% law was passed in New Jersey. For third offenders, thepenalty was changed to include mandatory jail time. Change in DWI Plea Agreements in MunicipalCourt New Jersey DMV Court Codes Interpret Your Driver's Abstract Roadblocks-Sobriety Checkpoints in New Jersey You may have been wrongfully arrested if you were stopped at a roadblock. New Jersey Intoxicated Driver Resource Center Program (IDRC) New Jersey Ignition Interlock Program New Jersey Motor Vehicle Commission Surcharges New Jersey CDL Drivers New Jersey CDL Chart Underage Drinking and Driving in New Jersey Field Sobriety Testing in New Jersey Understanding Breath Testing in New Jersey The New Breath Testing Machine in New Jersey Were You Tested on the Alcotest 7110 or the Breathalyzer 900/900A? Was Your Blood Tested? Charged With DWI/DUI based on Drugs? How Will Prior Convictions for DWIEffect My Current DWI Charge? Is DWI a Criminal Charge in New Jersey? Work License in New Jersey? Attorney General Guideline: Prosecution Of Dwi & Refusal Violations If You Are In an Accident Resulting in a DWI Charge DWI Refusals in New Jersey On April 26, 2004, the refusal law was changed to conform with the DWI law. Boating Under the Influence Visual Driving Cues of Drunk Drivers External Links DWI News How I Can Help Even After Your NJ DWI Conviction Appeal & Post Conviction Relief New Jersey DWI Courts Out of State Drivers arrested in New Jersey for DWI Pennsylvania Drivers Arrested in New Jersey Directions Disclaimer Site Map 2001 BLS Drunk Driving websites-site design jim f esq



DUI Insurance

SR22 Insurance Quote and SR-22 Filing - SR22 Auto Insurance Quotes for DUI DWI DWAI OWI Drivers from Serenity Insurance Company. Low rates for SR 22 insurance SERENITY INSURANCE Live Quote NOW! SR22 Auto Insurance is our Only Business HOME · ABOUT US · QUICK QUOTE · RESOURCES · SERVICE AREA · DUI PENALTIES · CONTACT US · EN ESPANOL Serenity Insurance Understands Customers That Other Companies Are Reluctant To Help Other auto insurance companies are often reluctant to serve DUI and DWI offenders or High Risk clients. Filing SR22 insurance is our only business. We operate in a confidential manner to preserve the dignity and privacy of our clients. Serenity customer services includes: Low SR22 auto insurance rates for adults and teen drivers Credit Cards Accepted Affordable Monthly Payments Spanish & English Contact En Espanol and English: 1-800-546-5470 http://www.serenitygroup.com/ Serenity Insurance offers coverage for: Single and Multiple DUI, DWI Offenders Financial reponsibility cases Drivers with too many tickets SR-22 Requirements Immediate SR22 Filings SerenitySR22 Insurance Service Area Serenity Insurance Services most of the western United States. Visit the Service Area to find a location near you. DUI and DWI Penalties State-by-State To get information about potential restrictions and penalties regarding OWI DWAI DUI and DWI Insurance in your state please click here . Get an SR22 quick quote online Take a few moments to answer a few questions and receive a preliminary price quote on your DUI or DWI coverage. Serenity Insurance · ABOUT US · QUICK SR22 QUOTE · SR22 SERVICE AREA · DUI DWI OWI DWAI PENALTIES · CONTACT US · EN ESPANOL Serenity Insurance - 1-800-546-5470 - Low rates for SR 22 insurance



drunk driving fatalities and

Drunk Driving Reform Initiative Sarah and Chip's Crosses on 350 South, Lafayette, Indiana Dedicated to reducing the number of drunk driving fatalities and injuries in the memory of Sarah Towery and Chip Smith who were killed by a repeat drunk driver on March 21, 1999 in Lafayette, Indiana. The "system" contributed to this tragedy, in that numerous government agencies and individuals enabled Jeffrey Trout to be on that road in that condition on that date. The purpose of this initiative is to bring together various reform issues and ideas in order to contribute to reducing the number of alcohol and other drug-related highway deaths and injuries, especially by repeat offenders. There is no single solution in dealing with the issue, and the judicial system seems unable to put together a comprehensive approach to deal with the issue. The Drunken Driving Reform Initiative will provide practical, realistic solutions that when implemented will reduce the number of alcohol and drug-related deaths and injuries. Sarah and Chip: their Personal Stories Sarah - 24-year-old part-time student and working full-time Chip - 20 year old studying to become a paramedic while working full-time Facts surrounding the March 21, 1999 crash and deaths of Sarah and Chip Lafayette Journal and Courier newspaper articles and editorials relating to drunk driving Senate committee OKs .08 bill Proposed legislation Sarah's father (Dan Towery) recounts tragedy Drunk Driving Facts Other related links MADD Candlelight Vigil - December 7, 2000 - Lafayette, IN Electronic mail dan@ddreform.org margie@ddreform.org webmaster@ddreform.org Send mailto webmaster@ddreform.org withquestions or comments about this web site. Last modified: July 10, 2003



Drunk Driving Lawyer Articles

DWI DUI OWI OUI Driving in Nevada 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 This is a database of Nevada dui laws information that has been contributed by dui attorneys in Nevada . All Nevada dui defense counsel are welcome to join the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys . A Nevada attorney is your best source of legal information about dui law in Nevada . Nevada legislation respecting dui can be found by clicking on "DUI and DWI Legislation" below. Nevada dui attorneys attend dui court at the dui "DUI Courthouses and DWI Courthouses" Directory link below. Breath instruments used in Nevada dui investigations are also linked at "BAC Instruments Used in DUI Court and DWI Court Cases" below as well as "DUI and DWI Breath and Blood Collection Standards", that is dui alcohol test standards for Nevada . The "Summaries of Nevada dui Law" page contains short summaries of Nevada dui laws on a single page provided by each Nevada attorney who has chosen to participate. This is an excellent DUI page to print. The Nevada "First Appearance in dui Court" page contains basic information about what to do before and at dui Court in Nevada . It is a good idea to "Be Early for dui Court in Nevada for the reasons linked below . Find out "What to Wear to Nevada dui Court". Information is also provided respecting government dui DMV MOT facilities in "Directory of Motor Vehicle Offices" for Nevada . If you have been charged with dui in Nevada , please consult a Nevada dui lawyer or Nevada dui attorney forthwith . Nevada attorneys who wish to participate in this database should visit the AddingYour Firm page. We welcome DUI lawyers, attorneys, and barristers who speak languages other than English as well as DWI lawyers, attorneys, and barristers who practise outside Canada and the United States. In the future we hope to provide this database in French, Polish, Spanish and other languages. Please provide your suggestions to biss@lawyers.ca . 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Attorneys in Winnemucca , Nevada DUI Lawyers , DWI Attorneys Winnemucca, NV DWI Drunk Driving Lawyers DUI Attorneys in Yerington , Nevada DUI Lawyers , DWI Attorneys Yerington, NV DWI Drunk Driving Lawyers DUI Attorneys in Zephyr Cove-Round Hill , Nevada DUI Lawyers , DWI Attorneys Zephyr Cove-Round Hill, NV DWI Drunk Driving Lawyers 2013 | 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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