Thursday, July 12, 2007

Procedure Of Dwi In U.S.A.

ALR (Administrative License Revocation)
A Program to suspend the driving license Of Drivers Which are found driving carelessly under dwi(driving while intoxicated).You need a proper class if you are driving in USA
And know nothing about it. I will teach you all one by one.
Your license can be cancelled if:
a) You Refuse to give test necessary for determining weather you are intoxicated or not.
b) You Allow for test but your blood alcohol content is found greater than 0.8.
Note That This program covers over 41 states and this program is administrated by the Texas Department of Public Safety (DPS).
And believe me, ALR is not the only thing that you are going to face.
Actually DWI initiates two things:
1) Criminal case,
2) ALR also known as Administrative License cancellation,

Someone should know how ALR works.
If a Law enforcement officer believes during traffic a reasonable cause for stopping driver then
1) First officer need to tell him his rights. These rights are:
a) Anything you tell us can be used against you.
b) You can arrange a lawyer during interrogation.
c) You have the right to legal counsel.
d) You have a right to remain silent.
After all these nonsense field sobriety tests. If Tests fails Then driver can be arrested and imported to Police station where Requested To give Breath Test (Breathalyzer) or blood test. Ideal concept but know,
How ideal this world is. If he denies then officer confiscates his driving license and determines suspension period.
Adult Refusal: 3 Month- 2 years
Adult Failure: 3 Month - 1 year
Minor DUI: 2 Month - 3 Month
And then conducts further procedure.(Obviously nothing good for you).

But what to do if nothing worked. But you don't need to worry. In Case, license is suspended then a temporary license can be issued for some certain routes (Such as office to home root), known as hardship license.
You Have 15 days for requesting Administrative License Revocation Hearing.
DWI Checkpoints are devils for careless drivers. Austin law enforcement agencies selects some points on roadside( or on highways ) and detects suspected persons for DWI. These points are known as DWI checkpoints.
But all that is later. If your lawyer is not good enough then nothing will work. How will you know who is the best. Just because somebody charging you a lot. That should not be your algorithm. Please Check:
1) Lawyer past record, how many DWI cases he has handled and what is his success record.
2) Lawyer is a specialist of DWI or handles all types of cases,
3) Financial settlement, what is the cost of lawyer.
4) Does lawyer has his own Intoxilizer 5000 breath machine and he is well familiar with it.
5) Is law familiar with Standardized Field Sobriety Tests?
6) Dwi attorney self confidence, can he satisfy you.

Field Sobriety Test can be performed on you .They are for on the spot determination of weather driver is drunk or not. These tests were developed by the National Highway Traffic Safety Administration (NHTSA).
These are:
A) The horizontal gaze nystagmus (HGN):
if the eye cannot follow a moving object smoothly.
B) The walk-and-turn,
Listen and follow instructions during physical movements.
C) The one-leg stand.


http://www.articlenetworks.com/Article/Procedure-Of-Dwi--In-U-S-A-/2471

8 Resources to Help you Find a Good Attorney

Finding an attorney is not hard you need to know where to look.

It may seem ridiculous but according to those in the know often finding an attorney is harder than finding a husband or wife. An attorney is the one who will ensure that your business stays on the right side of the law, and draft all agreements and contracts so that your interests are protected at all times. If the attorney is to represent you in court you need to have a special relationship with him or her so that they understand you in totality and give you the best representation possible. Remember an attorney is not to be contacted when in trouble but much before he can keep you out of trouble by looking after legal aspects of your work and personal affairs.

So, you must choose an attorney with great care. Ways to locate attorneys are:

1. One way of ensuring you get an attorney of standing is to seek referrals from friends, family members and others in your business. Weigh recommendations carefully because some people may have vested interests. Be sharp.

2. Use a lawyer referral service. The state or bar association will be able to recommend a lawyer referral service to you. Or you could find one from the World Wide Web there are lawyer directories like http://aol.lawyers.com/ .

3. By searching through a public directory like the Martindale Hubbell Law Directory. This directory lists lawyers that practice in the US and 159 other countries. See: http://www.martindale.com/ .

4. You could visit courts in sessions and watch lawyers in action and decide you like x or y and then find out all you can about them.

5. Read about prominent cases in newspapers and magazines to locate a suitable lawyer.

6. Check out local Bar Associations and look through their membership rosters. The American Bar Association has a website with in depth information on law and attorneys.

7. Surf through websites that have information on law as well as lawyers for the state you live in and choose an attorney who has expertise in your area of work.

8. Through advertisements placed by law firms or individual attorneys.

You must be practical and sensible when you need to choose an attorney to handle your affairs. According to experts avoid selecting an attorney from advertisements and self promotional articles in magazines. Attorneys must be chosen from reliable recommendations.

Be sure to check the attorney’s credentials, qualifications, and whether or not he has the membership to the right law associations. Find out his rate, successes, failures, dependability, and whether he handles the cases himself or has a battery of assistants who do his work.

Avoid smooth talkers, those who will not meet your eye while speaking to you, those that dismiss you with a handshake, cup of coffee and a smile. A true attorney is one who will take time to discuss your needs in detail, go over the pros and cons of your case, and give you a clear idea of whether or not you have a chance to win your case.

An attorney will be a partner in your life in many ways. So select with care.


http://www.articlenetworks.com/Article/8-Resources-to-Help-you-Find-a-Good-Attorney/174

10 Ways to Keep Legal Fees Affordable

Hiring a lawyer is step one when you need legal advice or help. Step two is the most crucial as you need to have a clear idea what the lawyer is going to cost. Most lawyers charge by the hour and rates may vary from USD 60-USD 300 per hour. It depends on the lawyer, the extent of your case, and where the case is to be fought.

In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.

While most lawyers do not negotiate on fees you could think about:

1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.

2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.

3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.

4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.

5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.

6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.

7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.

8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.

9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize

Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.


http://www.articlenetworks.com/Article/10-Ways-to-Keep-Legal-Fees-Affordable/158

10 Critical Tips on How to Hire an Attorney

Hiring a lawyer is step one when you need legal advice or help. Step two is the most crucial as you need to have a clear idea what the lawyer is going to cost. Most lawyers charge by the hour and rates may vary from USD 60-USD 300 per hour. It depends on the lawyer, the extent of your case, and where the case is to be fought.

In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.

While most lawyers do not negotiate on fees you could think about:

1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.

2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.

3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.

4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.

5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.

6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.

7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.

8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.

9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize

Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.


http://www.articlenetworks.com/Article/10-Critical-Tips-on-How-to-Hire-an-Attorney/133