Monday, December 3, 2012

Do DUI Laws Favor The Wealthy?

Is it possible that the law actually favors those who can best afford fines, lawyers and the expense involved in defending a long drawn out battle in the Courts?  One authority says yes.  California makes it difficult for a person to win a DUI unless they fight the charges, and one recent study seems to suggest that those who can pay the fees to an attorney to drag the case out as long as possible might actually benefit the most.

According to one group, the odds favor those that can litigate the most, and the results are stunning.  The legal group Maxim Legit says that if you are charged  with driving under the influence and take the time and resources to hire a DUI lawyer to challenge the case in Court, the statistics suggest the outcome will be more favorable.  Indeed, the numbers point to a range of success of at least 63 percent versus only 12 of those who do not retain counsel and defend the case.  Although the numbers have not been peer reviewed nor generally accepted in the scientific community, the general consensus seems to point to a reliable result.

Saturday, December 1, 2012

Bakersfield DUI Attorney Proves His Client Was Stopped Illegally

About a thousand DUI stops occur every minute around this country, most are lawful and warranted , some are not.  In some cases the police pull over a car for some reason that has nothing to do with whether they saw a violation of the law or some suspicion of criminal activity.  for example, in one recent case a DUI Attorney in Bakersfield proved that his client was pulled over unlawfully by a CHP officer after leaving a popular bar and nightclub.  The officer claimed the car was being driven without any headlights, however, evidence submitted at the DMV hearing in the case rebutted this contention.  Counsel for the driver fully investigated the facts and circumstances surrounding the arrest and put together a case that pointed to the fact that the car's lights must have been on at the time.

On the night of the incident, the driver of the car was pulled out, asked to perform FST's and then arrested for DUI.  His blood alcohol level was above .15% BAC.  He was charged with driving under the influence, his license was confiscated and he spent the night in jail.  The Bakersfield DUI Lawyer challenged police report at a formal hearing in the Kern County Driver Safety Office of the California DMV.  Evidence was presented that showed the lights on the car were on and counsel argued that the reason for the stop may have been motivated by a "hunch" alone that the driver was intoxicated because he was observed leaving the bar around 2 a.m.

At the conclusion of the case, the hearing Judge decided in favor of the licensee and ordered that his license be returned forthwith.  This case underscores a little known problem that underlies the "war on DUI" in this country.  While it is logical that all resources possible should be spent to deter and enforce the current DWI laws, it should not be done at the expense of our citizen's fourth amendment rights under the Constitution.