Archive for May, 2011

Beat Breathalyzer Test Results From Your Dui Arrest

Almost every dui charge consists of a breathalyzer test reading giving a blood alcohol content level. If you have been in this unpleasant situation then you understand the importance of the test results. If you blew 0.09 to 0.14 you have an excellent chance at challenging the breath test results and beating your dui charge. The fortunate reality is that you can beat breathalyzer test results in court with proven tactics.

Every dui arrest has a persuasive police officer that forces you to take the breathalyzer test. You may have been told that you will be let go if you took the test no matter what the results were. These unfair tactics are solely used as evidence in court against you. You do have the right to refuse all tests but most first time dui offenders are not aware of the laws. Respectable people have been all too often misled in dui testing occurrences and face thousands in fines just because an unreliable breathalyzer machine says they had too much to drink. Now if you took the test under those circumstances then you might have a case in court to beat or dismiss the breathalyzer test results. Here are some more ways to prove breath tests inaccurate:

· Breathalyzer results have a 12% fluctuation in results and leave room for error

· Breath testing may have been administered too soon after your last drink

· Machine calibrations were not properly performed and can cause invalid readings

· Portable breath tests are not accurate and results should be admissible in court with proper representation

Your next step in beating the breathalyzer test results is finding the proper representation in court. Beware that many attorneys are not qualified to challenge these test readings and inaccuracies. Some will quickly take your money upfront and settle your dui case with an easy plea bargain. This plea bargain outcome will most likely be on your record every time you go apply for a job. This is not what you are paying thousands of dollars for. Remember that you should have the final say with the outcome in your dui case; not your attorney. An experienced dui attorney understands this and works with his clients and points out all possibilities.

Learn all the possible ways you can beat the breathalyzer test result in court and all other aspects of the arrest. Your understanding of what your up against will give you the upper hand before you step foot in the courtroom and give you the chance to beat dui charges.

Originally published here.


Peter Sands

Will a DUI Ever Come off My Record?

DUI records are usually a part of the adult criminal record and a matter of public record. This means that anyone willing to seek out those records can be able to learn about your criminal history. DUI convictions are also regularly found in local newspapers. The question is will a DUI ever come off your records? Read more to seek the answer.

In most of the cases, A DUI conviction can continue to be on your driving record until further notice. However, you can appeal the court to remove a DUI from your record. Make sure you are well aware as the legal process varies by state for clearing a DUI from your driving record.

If the judge declines to grant you a new trial or you drop your second trial then you may be entitled to petition your DUI conviction. If there is a blunder of law at your trial or the board of judges entirely overlooks the facts then you may have justification for an appeal. An appeal engages filing briefs with the court and an oral dispute. However, you will not be needed to be present or participate in the appeal. If your appeal turns out to be successful then your conviction will be inverted and your record will be cleared.

If your appeal turns out to be unsuccessful, then you still have some alternatives. In many states, you may be entitled for an expungement. An expungement is a legal procedure in which, following the passage of an assured amount of time, after your conviction or arrest which is normally one year, your DUI attorneys or DUI lawyers can apply to have your DUI conviction wiped out from your criminal record. However, in most states an expungement is not accessible for an offensive conviction and in many states it is not even accessible for a crime or even for trial.

If you or someone else has been involved in a DUI or if you have been arrested or charged for a drunk driving offense, simply don’t wait for any miracle to happen or keep on wondering will a DUI ever come off my record. If you do, you could endanger the precious legal rights.

 

Originally published here.


page lynx

Expunge Your Criminal Record in Texas – Expungement in Texas

Please visit www.RecordGone.com Expungement Attorney Mathew Higbee talks about the benefits of expungement.This video will briefly go over Expungement and Record and Sealing in Texas and provide viewers information on how to have their criminal record removed in a fast and safe manner.