DWI Case Study 2

DWI Case 2

Robert R. was charged with a second offense of driving while intoxicated and aggravated DWI. He was stopped for going the wrong way up a one-way street. The officer ordered my client out of the car and had him perform two field sobriety tests. After the tests were completed, Robert R. was arrested and subsequently submitted to a breath test. The results indicated he had a Blood to Breath Alcohol level of a .23–almost three times the legal limit of .08.

At the DMV hearing, I was able to exclude the Breath Test because the Certification for the Intoxilyzer was not properly filled out. The DMV dismissed the State’s petition to revoke his license for two years.

At trial in the District Court, I attacked the field sobriety tests as not accurately portraying my client’s sobriety. The client had a large laceration on his foot and his balance was affected by his injury. I also attacked the police for failing to administer a complete battery of tests to rule out other possible causes for his performance. Additionally, I was able to exclude the breath result; again, the State was unable to establish that the .23 result was accurate when the certification records reflected an error.

Cases taken from DWI Attorney Russman’s website

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DWI Case Study 1

DWI Case 1

Melissa B. was charged with her third DWI offense. She was stopped because she crossed the yellow line twice and the white line once. After the stop, she performed three field sobriety tests: the HGN (also known as the “eye test,”) the walk and turn test, and the one leg stand test. According to the arresting officer, she failed all three. Once taken to the police station and refusing to take a breath test; her license was automatically suspended per New Hampshire DWI laws.

At the DMV hearing on the refusal, I was able to discredit the officer’s testimony through cross-examination on the field sobriety tests. Ten days after the hearing, the DMV issued an order dismissing the license suspension, citing that the officer did not have a reasonable basis to order a test. The case proceeded to trial in the District Court. At the conclusion of the State’s case, I moved to dismiss because the State had failed to properly provide the foundation for the prior convictions. The Court dismissed the Case as the State had failed to meet its evidentiary burden.

Cases taken from DWI Attorney Russman’s website

Contact Attorney Russman for a free case review

Picking a DWI Attorney

No matter what state you live in, you will have a variety of DWI attorneys to choose from, each seemingly as skilled as the other. When accused of Driving while Intoxicated and frightened of the legal consequences, choosing your best defender can fuel an already upsetting circumstance. There are things you can do, however, to ensure your decision is a sound one.

Referrals

Talking to people who have had their own DWI cases is always helpful, but do not forget about people who are truly knowledgeable.

The arresting officer has probably seen more than a few DWI attorneys in action. Ask whom they would choose if he or she were in your situation. You can also seek a referral from a court clerk, security guard, court reporter or even a bailiff from the county of your arrest.

Your family lawyer, if not skilled in DWI defense, should be able to recommend a quality DWI attorney. In addition, your local library will have a copy of the Martindale-Hubbell Law Directory, which lists attorneys by state. The American Bar Association and your state and county Bar Associations may offer a referral service. Make a list and begin your own research.

Training

Use the Internet to search profiles. Look for lawyers with advanced training, and certification from the National College for DUI Defense (NCDD) or The National Association of Criminal Defense Lawyers (NACDL). A handful of lawyers across the country are even certified in Field Sobriety and Evidentiary Breath Alcohol testing. You want to know the lawyer you choose has advanced training and is keeping up with ever-changing state laws.

Publications and Seminars

The best lawyers in each state are typically active in public service, give seminars, and advanced training to other lawyers and police departments. Some attorneys create informational publications for consumers. Question the lawyers you interview to see how active they are in promoting and educating.

Technology

Though using technology in the courtroom is not common yet, innovative attorneys use technology for everything from speeding up the movement of information to visual effects, jury education and enhanced proceedings. PDA’s, laptops, projectors, PowerPoint presentations, instant courtroom research, and electronic litigation reports are becoming more important in legal proceedings. Technology definitely has its advantages. Ask your potential attorney if and how s/he uses technology to help win DWI cases.

Follow Your Instincts

Initial consultations should always be free. Use the consultations to get a feel for your lawyer. A good attorney will ask you many questions, be genuinely interested in your situation, and will explain how the process works and how it will affect you. They will not seem rushed or distracted. If an associate will be handling your case, the attorney should introduce you and make you feel comfortable.

He or she should be available to you if you have questions or concerns. Some attorneys will even give you their home or cell phone numbers, in case you have concerns or problems after office hours.

Most lawyers have a flat fee for DWI cases. Do not end your interview until you have discussed fees and obligations.

Choosing the Attorney

How you feel when you are sitting in front of the attorney means a lot. You should be comfortable with this attorney and feel that he or she has a true interest in your case. You need to know that he or she will respond to emails or phone calls, that they and the law firm staff will be available to answer your questions and keep you informed.

Research your choices carefully. You will be closely involved with this person for the next six to twelve months and must believe in your lawyer’s abilities to defend you.

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NH DWI Van is a Waste of Taxpayers’ Money

As reported by the Union Leader, a DWI mobile command center will be at sobriety checkpoints by midsummer. The van holds the technologies necessary to test blood and take fingerprints, has room for holding cells, computers and even a bail bondsman. The single van will be available to police throughout the state and will be used at target areas and DWI saturation points.

Liquor Commission enforcement division chief Eddie Edwards states that the van will be for “public safety, for public health and to generate revenue”.

Though the van might make processing easier, with a $450,000 price tag, I believe the money would have been better spent putting additional cops at DWI target areas across the entire state, instead of one van at one spot.

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