DUI lawyers (including five

Drunk Driving Defense

Washington DUI / DWI and Drunk Driving Defense, WA DUI Attorney Geoffrey Burg. Home Your Rights FAQs Credentials Testimonials Costs Criminal Defense Directions Free Consultation. Call today. 206.467.2607 Toll Free. 888.252.8856 DUI/DWI Defense. Articles | BAC Calculator | DOL | Forms | Glossary | Laws | Links | Penalties Law Offices of Geoffrey Burg, LLC Pacific Building 720 3rd Ave., Suite 2015 Seattle, WA 98104 Phone: 206.467.2607 Fax: 206.467.3152 Email: geoff@glblaw.com Free Confidential Case Evaluation: Name: Daytime Phone: E-mail Address: Description of Charges: "I want to thank you for your help with my case. You were able to turn a possible life altering situation into just a great learning experience. I appreciate the time you spent on my case. Your sense of urgency and dedication to your work is priceless. I now know first hand why you were recommended to me. Thanks again for everything. Take care ." - Tracy Stopped for DUI? We would like to help you fight your Washington State DUI charges. Please call us so that we may do that. It is what we do – day in and day out, every day, every year. We have been doing it, collectively, for almost two decades. We are passionate about our work and will be doing it for years to come. We have helped hundreds of people who are in a similar situation as yours fight their charges. We have had great results, with many people having their Washington DUI cases dismissed, reduced to a lesser charge, or found not guilty after a trial. Washington State DUI Legislative Update. Click Here for the Latest Changes in WA State DUI Law... We understand after an arrest for a Washington State DUI, many people have feelings of despair, hopelessness, and even anger. We are here to tell you that there is hope that your charge will be successfully resolved and even more importantly, that you will make it through this period. Now you know that we represent people accused of Washington State DUIs. Here is how we do it. 1. Free Initial Consultation : We meet with you in our office, for free and for as long as it takes. We like to do this DUI consultation in person (not over the phone) because this is the best way to hear about your case and give you legal advice. There is simply no substitute for a face to face meeting. At that meeting we: • review the facts of what happened the night you were stopped for your Washington State DUI or DWI; • identify potential issues that may make it difficult for the government to prosecute you on your Washington State DUI; • describe the Washington State DUI law, as well as, the Washington State DUI procedure that you will be facing over the next few months; • outline different options you may have in your Washington DUI case; and, • provide you with a "game plan" in the form of a list of things to do to help you resolve your Washington DUI charges in the best possible manner. 2. Our Job: If you decide that one of us is a good fit to work with you on your Washington DUI (it is your choice who you work with and promise not to hard sell you, we only want to work with people who want to work with us) then we will we begin representing you in your Washington State DUI charges. We represent people all over the state on DUI Charges, but most often in King, Pierce and Snohomish Counties. Representation includes: • Attending all court hearings with you, including your Department of Licensing Hearing; • Answering all your phone calls, emails and questions within 1 day (usually immediately); • Investigating your case; • Advising you of your options for your Washington DUI charges and giving you our opinion of what you should do; • Reviewing the DUI arrest report with you; • Aggressively fighting your case – this means negotiating with the prosecutor, filing legal motions, representing you in court; and doing whatever it takes to get you the best deal possible for your DUI charge. (Please note, if you want fist pounding, shouting and screaming lawyers, we are not for you – that is not our style. We have found that we get the best results by being ourselves - civilized, honest and hardworking, not by grandstanding). • Being there to “hold your hand” throughout the entire DUI process – beginning to end, in court, in the office, and over the phone. 3. Commitment: We strive to be a firm of integrity. Here are our goals: • Honesty • Direct and no-nonsense • Hard-working • Organized • Professional • Excellent at what we do • Provide top-notch customer service • Respected by judges, prosecutors and other lawyers. Based upon feedback from our clients, it appears that we are living up to these goals and are committed to doing so in the future. 4. Who We Are: We both feel fortunate that other people have recognized us for being good at what we do. Here is some information about our backgrounds and accomplishments: Geoffrey Burg • “Super Lawyer” recipient by peers in Washington Law & Politics Magazine . • Speaker and chair of seminars regarding DUI defense. • Writer of numerous articles . • In July 2002, I discovered a problem with the breath-testing machine - the "caretakers" ( Washington State Patrol Breath Test Technicians ) of the machine were not following all the rules for calibrating it. I successfully litigated this issue and was able to suppress thousands of breath tests around the state. As reported on the front page of the Seattle Post-Intelligencer , and other periodicals around this State, this meant that for my clients, as well as other people who fell under the time period when the instrument was not being properly calibrated, if the breath test showed a reading above a .08 BAC, then it would be kept out of evidence and no judge or jury would ever learn of the result if the DUI went to trial. • Legislative Liaison for the Washington Association of Criminal Defense Lawyers. In this role I wrote, lobbied for and passed three laws that help people accused Washington State DUI. (Photo: Geoffrey Burg at the right, present for the signing of HB 1589.) • Graduate of Gerry Spence’s Trial Lawyers College. Mr. Spence is one of the best known trial attorneys in the world and he chooses 48 people a year to come live with him on his ranch in Wyoming for 21 days to train as a trial lawyer. I was fortunate enough to have been chosen to attend this program and completed it in 2001. Photo: Geoffrey Burg with Governor Gregoire. • Member of the only two Washington State DUI organizations that you must be voted into – the Washington Foundation for Criminal Justice and the Northwest Academy of DUI Defense. Combined, these two organizations have under 25 members of people considered of the highest caliber of representing those accused of Washington State DUIs. Most importantly, I have had great success in helping people accused of DUI. My rate of having people found not guilty at trial is higher than the state average. In addition, I pride myself (and gauge how well I am doing) by the number of thank you notes I receive from my clients. I feel proud in saying that I regularly receive these. Patricia Fulton • I devote my practice to defending clients accused of crimes, especially DUIs. I am very proud of the reputation as a thoughtful and articulate advocate I have earned while defending people accused of DUI in Washington. • Named a “Rising Star” by Washington Law and Politics Magazine. • Member, and past President of the Northwest Academy of DUI Defense – a Washington State DUI Defense organization with exclusive, by invitation only, membership. • Speaker/Presenter at DUI related seminars. • Author of articles regarding DUI Defense. • Membership of numerous criminal defense and trial organizations, including the Washington Association of Criminal Defense Lawyers. • Member of the King County Bar Association and member of the King County Bar Association’s Lawyer Referral Oversight Committee. • Admitted Washington State Bar and Federal District Court, Western Washington Division . Tammy LaLanne: As our paralegal, Tammy keeps us organized and on time. She is the person who greets you on the phone and helps with many of the details of your case. While we try and speak to you in person when you call, if we are in court, Tammy is the one that will make sure your questions are answered. • Graduated from Paralegal School • Working with attorney’s since 1989. We have designed this web site to try and answer every Washington DUI question that you may have. We did this because we know that knowledge is power and we wanted to give you back some of the power that you may feel you have lost from your arrest. We would like the opportunity to meet with you and discuss your Washington DUI related case. Please give us a call or email us so that we can begin to help you resolve your case. P.S. – this is the disclaimer that our insurance carriers probably want us to make: Disclaimer: The legal system is complicated and people often find it has as many twists and turns as a maze. This is certainly true with Washington State DUI work. It is for these reasons that the information contained in this site is not legal advice and does not substitute for speaking with us, or any other Washington State DUI attorney out there about the particulars of your Washington State DUI charge. Each Washington State DUI charge really is unique and really does require individualized attention through a face-to-face consultation. The pages in this web site contain a lot of information, but just reading it does not make one an experienced attorney. Washington DUI law is very complicated and heavily litigated and there is a lot more information out there than can be put on just one web site, or probably even learned in a lifetime for that matter. Please, only make decisions about your case based on the personal advice of a lawyer. GB & PF Call our office to schedule a free consultation: 206.467.2607 © 2005 Law Offices of Geoffrey Burg, LLC Home | Your Rights | FAQs | Credentials | Testimonials | Costs | Criminal Defense | Directions Law Offices of Geoffrey Burg, LLC Pacific Building 720 Third Avenue, Suite 2015 Seattle, WA 98104 Phone: 206.467.2607 Fax: 206.467.3152 Email: geoff@glblaw.com

California DUI Attorneys California DUI Lawyers and Attorneys Specializing in Drunk Driving Defense Since 1979 "I would highly recommend the Law Offices of Lawrence Taylor...extremely professional and above all cared about me and the overall outcome of my DUI case...above and beyond the call of duty." D.K., San Diego "This letter is to thank you for all of your hard work involving my case. It seems to me that you have gone the extra step....Your hard work has had a large influence on my life." B.S., Westminster "To the State Bar of California: It is my utmost pleasure to commend The Law Offices of Lawrence Taylor as a firm possessing pure professionalism, excellence, competency and a caring staff....This firm truly sets the eminent standards that all law firms should abide by." S.P., Sherman Oaks "With sincere thanks for kicking ass." K.O., Palm Springs "Lawrence Taylor was able to return my Driver's License... Thanks for an excellent job!" C.T., Fullerton "Your valuable expertise, knowledge and aggressive court approach provided me with a very unexpected and optimal outcome." M.G., Norwalk California's Premier DUI Attorneys A law firm of eight criminal DUI lawyers (including five former prosecutors) practicing drunk driving defense exclusively, The Law Offices of Lawrence Taylor serves clients in the courts of Los Angeles , San Diego , Riverside , San Bernardino , Ventura and Orange County . No cases but felony and misdemeanor DUI defense are accepted. The highly specialized firm of criminal defense attorneys, with a combined experience of 112 years, has been awarded the coveted peer review rating of A-V ("very high to preeminent") by the Martindale-Hubbell International Law Directory — the highest rating awarded to attorneys and one shared by fewer than 7% of all lawyers in the United States. The Law Offices of Lawrence Taylor is also listed in the prestigious 2005 Bar Register of Preeminent Lawyers , and has twice been featured in the American Bar Assocation Journal ( Dec. 2002 and Jan. 2005 ), one article noting the firm's successful specialization and unique technical support : "At Taylor's Los Angeles -area firm, specialization goes beyond the eight lawyers. The staff includes: a forensic toxicologist who is a former supervisor of DUI testing for the Los Angeles County Sheriff's crime lab; a former hearing officer for the California Department of Motor Vehicles ; a former 20-year California Highway Patrol Officer; and a former Santa Ana police officer who was on that department's DWI Task Force." The result of experience, specialization and technical support is success both in the courtroom and at DMV license suspension hearings. As an example, the Law Offices of Lawrence Taylor was recently featured on the front page of the Los Angeles Times for using DNA evidence to prove that blood analyzed by the LAPD crime lab did not come from our client; the criminal DUI charges were subsequently dismissed and the DMV license suspension thrown out. And Mr. Taylor's firm of drunk driving attorneys remains the only one approved by the California State Bar to provide continuing legal education to the legal profession. The firm of eight DUI lawyers is guided by the nationally-known "Dean of DUI Attorneys," Lawrence Taylor. A University of California (Berkeley) and UCLA Law School graduate, Mr. Taylor is a former prosecutor, Fulbright law professor and author of the two most respected law textbooks in the drunk driving field. With over 33 years experience, he has lectured to drunk driving lawyers at over 200 driving under the influence seminars in 38 states and is today one of only 4 attorneys in California Board-certified by the National College for DUI Defense's ABA-accredited program as a DUI defense specialist. Larry Taylor is recognized as one of the finest DUI trial tacticians in the country. Editor, "California DUI Report" (Taylor) excels at trial preparation and tactics... His expertise is incomparable. "Trial" ( Assoc. of Trial Lawyers of America ) Voted one of Southern California's "Super Lawyers 2004" "Super Lawyers 2005" "Super Lawyers 2006" In surveys of over 65,000 Los Angeles and Orange County attorneys . Mr. Taylor is listed in Who's Who in American Law and in The Bar Register of Preeminent Attorneys and has been featured in The Wall Street Journal , The Los Angeles Times , The American Bar Association Journal , USA Today , The National Law Journal , California DUI , The Christian Science Monitor , Los Angeles Magazine and Lawyer's Weekly USA . On July 25, 2002, at Harvard Law School , Lawrence Taylor was presented with the National College's "Lifetime Achievement Award". Please visit our firm's California DUI Lawyers Resource Center and Mr. Taylor's personal DUI blog website. Home | Dealing with a DUI | Police Evidence | License Suspension | About Our Firm | Contact Us Long Beach 562-989-4774 Woodland Hills 818-707-1414 Irvine 949-752-1550 Pasadena 626-204-2858 Riverside 951-369-4999 San Diego 619-232-5034 © 2001 The Law Offices of Lawrence Taylor, Inc. All Rights Reserved Legal Disclaimer & Terms of Use Link to Us Connecticut DUI Site Map

DUI Arrest

DWI New Hampshire NH - Drunk Driving Defense Arrest Guide sitemap RSSFeeds DUI-HELPMenu LawyerDirectory FreeConsultation Bookstore Mission Editorial SelfEvaluation FAQ/ Info Callan Attorney Science Surveys Search More... StatePages GoTo Menu New Hampshire Belknap County Carroll County Cheshire County Coos County Grafton County Hillsborough County Merrimack County Rockingham County Strafford County Sullivan County Lawyers Elsewhere 500+DUI law firms Did You Know? You can purchase Drunk Driving Defense related books here on this site.Click Books for more information. DWI Law New Hampshire Takethis Computerized Quiz Legal QuestionsAnswered Stateof New Hampshire Map Info SelfEvaluation QUIZ Find AnAttorney HERE !! DUI BLOG - DWI BLOG - OWI BLOG - OUIL BLOG What was yourblood alcohol level? Important Note: There is no blood alcohol calculator that is 100% accurate because ofthe number of factors that come into play regarding the consumption andreduction (burnoff) rates of different people. Factors include the sex(male/female)of the drinker, differing metabolism rates, various health issues andthe combination of medications that might be taken, drinking frequency,amount of food in the stomach and small intestine and when it waseaten, elapsed time, and others. The best that can be done is a roughestimation of the BAC level based on known inputs. See More ... Whatdoes it mean to beabove the legal limit fordrinking? The“legal limit for drinking” is the alcohol levelabove which an individual is subject to legal penalties (e.g., loss ofa driver's license). Typically, this alcohol level is measured in bloodor breath, using either a blood alcohol test or a breathalyzer,respectively. Legal limits are defined by a government entity (e.g.,state legislature or regulatory agency), and are specific to thesituation that a person is in (e.g., driving a car) as well as thecharacteristics of the person themselves (e.g., their age). Forexample, in most states, the current legal limit for operating a motorvehicle is 0.08%, or 80 mg/dL among drivers who are age 21 years orolder. However, there is zero tolerance for drivers who are underage 21 years, meaning that they are not allowed to operate a motorvehicle with any alcohol in their system. In contrast, thelegal limit is 0.04% or 40 mg/dL for commercial truck drivers.Different legal limits also apply to airline pilots, bus drivers, andto persons operating recreational watercraft. However, it is importantto recognize that the legal limit does not define a level belowwhich it is safe to operate a vehicle or engage in some otheractivity rather, the legal limit is intended to define a level at orabove which an individual is subject to legal action under a specificset of circumstances. Therefore, decisions about the appropriate levelof alcohol consumption in a particular situation should begin with acareful assessment of whether it’s appropriate to be drinking atall. See More ... FAARegulations forPilots Under14 CFR 61.15, all pilots arerequired to submit a notification letter to AMC-700, within 60 calendardays ofthe effective date of an alcohol-related conviction or administrativeaction.For purposes of 14 CFR 61.15(c), alcohol-related convictions oradministrativeactions are referred to as motor vehicle actions (MVA). An administrative action consistsof a suspension, cancellation, or revocation of a driver license.Examples ofadministrative actions include a suspension, cancellation, orrevocation of adriver license for driving with an excessive blood alcohol level orrefusal tosubmit to a chemical or blood test. Airmen should be aware that thenature andduration of administrative actions varies among the states. Forinstance, somestates, such as North Carolina, provide for a 10-day civil revocationforrefusing to test. Other states may impose a lengthy suspension (e.g. 90- 180days) for a similar violation. See More ... What is the Mission of the ImpairedDriving Division? Themission of the Impaired Driving Division is to develop partnershipsto cooperatively save lives, prevent injuries, and reducetraffic-related health care and economic costs resulting from impaireddriving (alcohol and other drugs). See More ... ==================================================================== Before someonequestions any attorney listed at any site, understand ... If one does a couple of things at this site, they'll bewell informed. UnderlinedText is a DUI-Help.com Link for more information . 1. Takethe SelfEvaluation DUI DWI Defense Quiz ; 2. Submitto the ConfidentialFree Consultation Questionnaire ,and; 3.Interview with at least three DUI DWI Defense DirectoryLawyers before you miss deadlines. 4. Email them all you want! Listen: Even the nicestpeople can find themselves in a DUI situation. The serious consequencesdo not discriminate among any type of individual background. This is atime when you need to have forthright guidance and receive aggressiverepresentation. We are most aware of this and provide as much help andsupport as soon as possible after arrest. Our site is very easy to use. Besides all theinformation ( left frame )available for you to peruse, you may also contact the DUI DWI defenseexperts immediately here. Unlike other lawyer directories, allthe information you would need is included in this site. Simply post an email oruse the CallBack system tophone one of our DWI experts in your state or province .Please take a moment to review the information in addition toresearching a DUI expert attorney. Even with an attorney it is stillvitally important that you familiarize yourself with the issues in yourcase before you shop for an attorney. =================== Everyone is entitled to thepresumption of innocence. Without this guarantee, our system is a totalmockery of justice. You are entitled to compassionate and truthfulguidance through the obstacles you face and the possibilities ofovercoming them. You need an attorney who will fight for your rightsand provide you with the emotional support you need. You can count onthis type of legal representation should you choose to accept one of us. What should you get out of your attorney clientrelationship with one of the experts? Hopefully, you keep a legitimatedriver's license and stay out of jail - i.e. you'll not be convicted ofa drunk driving related charge. We give you the legal help you needright now. Take advantage of our no obligation consultations and emailquestionnaires. Use DUI-Help.com for free consultation(s) and review ofyour DUI / DWI / OUI / OWI arrest or lawsuit. Find OutMore - Many More Links in the Left Frame ~ NewAttorney Listings - Begin Here Alllawyers, attorneys andlaw firms listed are responsible for their advertising. Before hiringany professional, please check them out with your local State BarAssociation or Better Business Bureau. DUI-Help.com is solely adirectory similar to any telephone book. We have no control of theprofessional's administration of legal duties in your case. 1996-2006© DUI-Help.com. All rights reserved. Alexa Report DRUNK DRIVING DUI DWI ARRESTS IN ALLCOUNTIES AND CITIES OF NEW HAMPSHIRE Berlin Claremont Concord Dover Franklin Keene Laconia Lebanon Manchester Nashua Portsmouth Rochester Somersworth at the National Safety Council Drug ImpairedDriving How Good Drivers Get Killed , a special report fromReader's Digest Get Your Own Breathalyzer! _ Just One Night toorder video We hope you never get arrested for drinkingand driving. Read on ... OurAmazonBookstore will let you find thebest defense for your case if you don't have an attorney, buy theirbooks! BOOKSTORE Translatethis Site! Chinese French German Italian Korean Japanese Portuguese Spanish and others just cut & paste www.DUI-Help.com DUI-Help.combecomes 1st niche drunk driving defense website on the internet. Firsttooffer free consultations by email, call back, or CGI form. DUI-Help.comout performs LegalMatch, Findlaw, LawInfo and all others in drunkdriving defenseassistance to the public. HAVE LAWYER CALL YOU A.C.L.U.Police Bust Card available Policeabuse is a serious national problem -- and one that especially affectsyoung people and people of color. While many police officers do striveto be courteous, and while we all understand the stress and dangerinvolved in policing, each of us has the right to be treated withrespect -- and without abuse -- by the police ... FULL ACLUPAGE - Download Card IsYour Mugshot on the Web ? Do You Need a Degreein Drinking Alcohol ?

Drunk Driving Law

California Drunk Driving Law Center - Lectures - The DUI Exception to the Constitution Site Map :: Disclaimer California DUI Laws and Legal Information The DUI Exception to the Constitution Lawrence Taylor Click Here to Listen ... been a law professor. He specializes in drunk driving as an attorney. Welcome Larry. Thank you, Gene. Thank you. Thank for the invitation to speak and to appear and take part in this really exciting gathering. I’ve been looking forward to this for quite a time. Particularly, I’ve been looking forward to coming and listening to my—one of my personal heroes, Charles Murray, speak. And I did listen to him this morning and I was certainly not disappointed—well, maybe a little disappointed. After 27 years of being an attorney and finding out I have absolutely no social value is disappointing, but then I guess Abraham Lincoln would have been disappointed too. We can all just hope and pray very strongly that Mr. Murray is never arrested by a police officer, wrongly or otherwise and forced to confront the powers, overwhelming resources of the state in front of a jury of his peers. Or if he does, let us hope and pray that he knows a very good physician or accountant to defend him. I hope to convin—is this working? It doesn’t sound like it—I’m getting any—I hope to convince you in the next hour, some of you, convince some of you, in the next hour that the greatest single threat to our freedoms, the freedoms set forth in our Bill of Rights to our constitution. The single greatest threat is not from China. I don’t think it’s from Choostan. I don’t think it’s from the extremists of the Muslim world. The threat as it has always been throughout history is internal. It is from within. I do not think it is from the American Communist party or extremists on the right. I hope to convince a few of you the greatest single threat to our freedoms today is a group of American housewives. They call themselves the Mothers Against Drunk Driving, MADD. I am fully aware that some of you belong to MADD. And I am certainly not here to make fun. Many of you who are in MADD are—have had tragic losses at the hands of drunk drivers. Others of you here do not belong to MADD, but you have contributed to MADD and many more of you here, perhaps most of you here, are in complete sympathy with their goals and their activities. But I hope to convince you after one hour that you might want to reassess your view of that particular organization. And I do not take them lightly in terms of their intentions. But we know that throughout history it is the well-intentioned zealots—those who believe strongly in the rightness of their cause—that are most willing to impose those ideas upon others. I do not, by the way, for a moment suggest that we should legalize drunk driving. I'm going to make that clear at the outset. But it is the true believer who is the greatest threat. And I should at the outset acknowledge my tremendous debt to Mr. Eric Hoffer who wrote that book, The True Believer. He was a longshoreman when I was going to school at Berkeley in the 60’s. Did not have a high school education, but he was teaching Philosophy at the University of California Berkeley and wrote this tremendous little jewel of a book that has been terribly influential in my own thinking. I would like you to imagine for a moment that you’ve gone to a friend’s house for dinner. In the course of a very good dinner you’ve had a couple of glasses of a good Petit Serah and it is now time to drive home. I would like you to imagine that you are on your way home—and, I will tell you parenthetically, by the way, that two glasses of wine will not, in any state, put you under the influence of alcohol or over the legal limit of .08, or .10 depending on your home state. As you are driving along the highway, you see ahead of you some flashing lights and barricades and police cars accordioned across the highway, with flashing lights directing you into an increasingly small channel. And, as you go in, you are stopped and two police officers approach you and stick a flashlight in your face and say, "Breath on me. Have you been drinking tonight? Please step out of the car." Some of you say, "Well that can’t happen in the United States. We have the Fourth Amendment to the constitution, which says, 'police officers have to have probable cause to stop you. They have to have a reason to believe you’ve done something criminal before they can stop and detain you.'" And so said the Michigan Supreme Court in the case of Sitz vs. Michigan. The Supreme Court of Michigan said, "The Fourth Amendment does not permit these types of roadblocks." And reversed the DUI conviction. They went up to the United States Supreme Court, unfortunately and that august body decided 5 to 4 that somewhere in the constitution there is something called a DUI Exception. And in a 5 to 4 vote sent it back to Michigan saying there is no violation here. What’s interesting is the Michigan Supreme Court, bless them, for there are fewer and fewer of them, said, "Well, if you will not protect our citizens in the state of Michigan from this kind of police conduct, we will. And we again reverse the conviction and this time we rely upon our own state constitution." (Applause) The state of Washington and three other states have followed suit. In 46 states today it is legal to stop you for absolutely no reason other than the fact that you are driving a car. But only to check you out for drunk driving. You have been stopped, you have been taken out of the car and you have been handcuffed. You are placed in a police vehicle and you are on your way back to the police station. About this time you’re probably wondering—I’ve seen this TV show somewhere—they’re supposed to read me something aren’t they? Something called Miranda? Aren’t I supposed to have a right for an attorney? A right to remain silent? Because, as you’re driving, the officer's asking you all kinds of questions. Like, "Where have you been?" "Where are you coming from?" "How much have you had to drink?" "How long ago was it?" "When was the last drink?" "Do you feel the effects?" "Where are you now?" "What time is it?" Well, again, a state Supreme Court said, "Hey, this person’s handcuffed under arrest, you’ve got to advise him of his constitutional rights under Miranda." And again, it went to the United States Supreme Court in the case of Birkemer vs. McCarty in 1984. The Michigan vs. Sitz case was 1990, by the way. In Birkemer vs. McCarty, the [United] States Supreme Court fooled around for about 20 or 30 pages of opinion and finally concluded that there was a DUI exception to the constitution. And that, "Well, we really can’t tell you when you’re supposed to give Miranda in a DUI case. We do know that it is later than in other types of criminal investigations." So, U.S. Supreme Court has told us we don’t know when Miranda is supposed to be given in DUI cases, but it is clearly some time later. Return to Lectures Previous | Page 1 of 8 | Next Home :: DUI FAQ's :: Drivers Guide :: Lawyer's Guide :: DUI Research :: DUI Checkpoints The DUI Officer :: DUI Books :: Audio Lectures :: DUI Nationally :: DUI Firms This site is hosted and maintained by: Law.Net ® Return to Top © 1998 Lawrence Taylor :: All Rights Reserved

DUII Defense | Office

David Lesh | Oregon DUI Diversion Program Attorney | Drunk Driving Defense Lawyer | DUII Penalty Home | Criminal Defense | DUII Defense | Office Directions Oregon DUI DUII Diversion 1916 SW Madison Street ( map ) | Portland, Oregon | Direct: 503.481.8484 The DUI Diversion program allows eligible persons to avoid a DUI conviction and the accompanying penalties if they are able to complete the program requirements. If successfully completed, diversion should result in the dismissal of the DUI charge at the end of one year. For more information about the Oregon DUI diversion program, call David Lesh today at 503.481.8484 for a no-cost initial consultation via telephone or at his Portland, Oregon law office. Formerly, persons seeking to enter DUI diversion in the State of Oregon often had no need for an attorney, because they did not have to admit to the DUI offense or give up the numerous constitutional rights associated with a plea of "guilty" or "no-contest." In 2004, the law changed. Beginning last year, a person seeking to enter diversion on a DUI must first plead guilty or no-contest to the DUI charge . Few people will want to plead guilty to a DUI (a Class A misdemeanor crime) without the assistance of an experienced attorney. This is especially so when a criminal conviction and court sentence are now automatic if diversion is terminated for any reason. Commercial Driver License (CDL) Holders: Effective September 30,2005, House Bill 2107 (Sections 29 and 30) bans holders of a commercial drivers license from entering into diversion and related deferred prosecution agreements on traffic offenses even if license holder was not driving a commercial vehicle at the time. Contact an experienced attorney for more information. See ORS 813.215(7) - (8) (2005) and ORS 153.090(7) (2005). David Lesh, a former Oregon DUI prosecutor , provides affordable legal assistance to persons seeking to enter DUI diversion in Oregon. Mr. Lesh will: (1) answer questions about your tickets; the court process, license suspension appeals, and hardship permits; (2) appear with you for all court appearances [in some counties a retained attorney can waive your first appearance altogether]; (3) assist you with completing the diversion petition, affidavit of eligibility, and your petition to enter a plea of guilty or no contest; (4) assist you in entering your plea ; (5) defend you against additional charges you face, if any ; and (6) give you valuable tips on successfully completing diversion so you can avoid mistakes which could result in failing diversion and ending up with a DUI conviction. Give David Lesh a call today at 503.481.8484 if you would like assistance with your pending DUII charge. Oregon DUII Charges by the Numbers (all numbers for the year 2002, most recent available) Source: TSD-ODOT DUII Arrests Diversion agreements DUII convictions First DUII convictions Second DUII convictions Third or greater DUII convictions Felony DUII convictions Implied consent suspensions issued Breath tests refused Hearings requested Hearings conducted 25,351 12,123 9,972 7,297 2,143 532 159 18,005 2,748 4,378 3,785 David N Lesh DUI Diversion Counsel 1916 SW Madison Street Portland, Oregon Direct: 503.481.8484 Fax: 503.296.2935 Question : How do I know if I am eligible for DUI diversion? Answer : Generally , a person may be eligible if (1) in the last 10 years they have not had a prior DUI conviction, a prior DUI or drug diversion, or a prior court ordered drug or alcohol treatment; and (2) the present incident did not involved a collision where someone other than the defendant was killed or injured. More specifically, a DUII defendant is eligible for diversion if: (1) The defendant had no charge of an offense of DUII or its statutory counterpart in any jurisdiction, other than the charge for the present offense, pending on the date the defendant filed the petition for a DUII diversion agreement; (2) The defendant has not been convicted of an offense described in paragraph (1) within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a DUII diversion agreement; (3) The defendant was not participating in a DUII diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in this state or in any other jurisdiction on the date the defendant filed the petition for a DUII diversion agreement; (4) The defendant did not participate in a diversion or rehabilitation program described in paragraph (3), other than a program entered into as a result of the charge for the present offense, within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a DUII diversion agreement; (5) The defendant had no charge of an offense of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in any other jurisdiction on the date the defendant filed the petition for a DUII diversion agreement; (6) The defendant has not been convicted of an offense described in paragraph (5) within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a DUII diversion agreement; (7) The defendant did not have a commercial driver license at the time of the offense [this provision is new] ; (8) The defendant was not operating a commercial motor vehicle at the time of the offense [this provision is new] ; and (9) The present DUII offense did not involve an accident resulting in: (a) Death of any person other than the defendant; or (b) Physical injury as defined in ORS 161.015 to any person other than the defendant. Keep in mind that entry into diversion does not effect any license suspension that may have been imposed for a breath / blood test failure or refusal. A challenge to this suspension must be done in a separate proceeding. Also entry into diversion does not effect other criminal charges (such as reckless driving). Put another way, if you're charged with another crime as well as a DUI you will not be able to enter diversion on the other criminal charge. Diversion is available only on the DUI charge. [Some jurisdictions will dismiss violations such as speeding if you enter diversion.] Question : What will the DUI diversion program cost? Answer : There are no fines associated with diversion. [You can ignore the "base fine" amount on your ticket if you enter diversion.] However, there are a number of fees that are required for completion of the program. Participants can expect to pay: * $405 in fees to the court; * $150 for the alcohol evaluation; * $50 or less for the victims impact treatment session; * Fees for each of the alcohol / drug treatment classes. The treatment fees will vary depending on the provider you select and the length of treatment that you are required to complete. Question : Will a DUI diversion go on my record? Answer : Yes. A DUI diversion will go on your driving (DMV) record as a diversion. [The notation is generally abbreviated as "DIVR".] Oregon does not use a point system so points are not assessed. In Oregon, DUI arrests, diversions, and convictions cannot be expunged or sealed. Question : If I enter the diversion program will my implied consent suspension (the suspension for failing or refusing a breath or blood test) be rescinded or cancelled? Answer : No. Entry into diversion has no effect on your implied consent license suspension. However, successful completion of diversion means that you will receive no additional license suspension for a DUII conviction. Question : What parts of the State of Oregon does David Lesh serve? Answer : As an Oregon lawyer, Mr. Lesh serves client's all over the state. However, the bulk of his DUII diversion practice is concentrated in the following counties and cities: Multnomah County Washington County Clackamas County Columbia County Yamhill County Clatsop County Wilsonville Portland Salem Gresham Hillsboro Forest Grove Newberg Molalla Canby Beaverton Tigard Lake Oswego Milwaukie West Linn Tualatin Troutdale Sherwood 1916 SW Madison Street | Portland, Oregon | Direct: 503.481.8484 Oregon Lawyer Home | Oregon Criminal Lawyer | Oregon DUII Laws | Auto Accidents | Office Directions Member Better Business Bureau Oregon State Bar Websites, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult qualified DUI - DUII - DWI - Drunk Driving - diversion lawyers / attorneys for advice about any specific problem that you may have. Oregon attorneys are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code of Professional Responsibility. Mr. Lesh is an Oregon lawyer and does not seek cases outside of the State of Oregon. Read our privacy statement . Mr. Lesh accepts Visa and MasterCard and other credit cards / card. Mr. Lesh provides drunk driving (DUI), diversion, and criminal defense assistance to the communities of: Portland, Salem, Gresham, Beaverton, Hillsboro, Tigard, Lake Oswego, Keizer, McMinnville, Oregon City, Tualatin, West Linn, Woodburn, Milwaukie, Newberg, Forest Grove, Wilsonville, Troutdale, Sherwood, Canby, Dallas, Gladstone, St. Helens, Cornelius, Fairview, Monmouth, Hood River, Sandy, Molalla, Sheridan, Mt. Angel, Wood Village, Dundee, Lafayette, Estacada, Vernonia. 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