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New Orleans DWI Lawyers

1. Tizzard, Julie: BUSTED FOR A DUI/DWI? You�ve been stopped, tested, arrested and cited for suspicion of driving under the influence of alcohol and/or drugs. You may have had your license confiscated, car impounded, and spent the night in lock-up. You may face more jail time, the loss of your driver�s license, fines, mandatory DUI/DWI school, the tribulations of a trial, more problems and humiliations. You�re dispirited, depressed, anxious and overwhelmed looking for answers to solve the many questions and myth-information you may have received from friends and family. The only truly qualified person to answer your questions is an experienced and skilled attorney. Counselors can be by your side through the entire process, explaining the details of a DUI/DWI offense and the intricacies of your defense. But first let us answer some of your very basic concerns. WAS IT A LEGAL STOP? A motorist can be stopped for a variety of reasons, including improperly working equipment on your car, erratic driving or if an officer has a reasonable and explainable basis to believe that a traffic law or other law has been violated. WHAT IS A DUI/DWI? It is defined as the act of operating a vehicle under the impaired influence of alcohol (and/or other drugs, including over the counter drugs such as Nyquil or Benadryl, for example.) What does "under the influence" mean? The most common understanding of the term is when an intoxicated person�s judgment and motor skills are impaired or will interfere with the safe and prudent operation of a vehicle. Driving under the influence can be determined via a �breath test�, urine or blood sample. WHAT IS A .08 BAC? In every state the Blood Alcohol Content which determines a DUI/DWI is .08%. However, other factors may apply, such as driving with a commercial license, �zero tolerance� for underage drivers who may be arrested for just having alcohol on their breath. The American Medical Association says that a person can become impaired when the blood alcohol level hits 0.05%. If a person's BAC measures 0.08, it means that there are 0.08 grams of alcohol per 100 milliliter (ml) of blood. In fact, a police officer may make a judgment call and arrest anyone for being impaired even if their BAC is lower than .08%.It is a general rule of thumb that the consumption one standard drink (or one ounce of alcohol per hour) will increase the average person's BAC to roughly 0.05%. Consequently, two drinks in one hour are enough to put you over the legal limit. However, this is not a really good gauge largely because of variation in physiology and individual tolerance according to weight, gender, and body fat. WHAT IS A �BREATHALYZER� TEST? A breathalyzer is a device for estimating blood alcohol content from a breath sample. "Breathalyzer" is a brand name. Other names include, breathalyzer, Intoxilyzer, Intoximeter, AlcoScan, Alcotest, AlcoSensor, Alcolizer, and Datamaster.Because the alcohol concentration in the breath is related to that in the blood, you can figure BAC by measuring alcohol on the breath. The ratio of breath alcohol to blood alcohol is 2,100:1. This means that 2,100 ml of alveolar (lung) air will contain the same amount of alcohol as 1 ml of blood. Every state has penalties for refusing a lawful request for a DUI/DWI test most states allow evidence of that fact to be introduced. Although generally accepted as a form of proof, breathalyzers aren�t always accurate. The validity of the testing equipment, the operator, methods and mathematical relationships for the measurement of breath and blood alcohol have been rigorously criticized. Plus, many everyday items contain forms of alcohol (asthma spray, cough drops and syrup, paints, even fingernail polish) which may cause a �false positive� reading. Failure to submit to such a test may result in automatic suspension of a driver's license. WHAT IS A FIELD SOBRIETY TEST? An officer may administer one or more standardized field sobriety tests (SFSTs). The Standardized Field Sobriety Test (SFST) is a battery of three observational and physical response tests administered to indicate impairment and establish probable cause for arrest. However, this is based on the arresting officer's subjective opinion of impairment, which often can be inept and open to cross examination. Because of medical, physical or emotional reasons, many people should not nor cannot be validly judged by these tests. HOW SERIOUS IS DUI/DWI? Driving while intoxicated represents the single largest category of criminal infractions of all reported cases in the U.S. and is considered the most serious misdemeanor offense. In several states, repeat offenders are considered felons. A DUI/DWI conviction has the potential to remain on your record for life. Generally, a first or second offense is considered a misdemeanor. A third or subsequent offense is considered a felony. Penalties for a repeat offender charged with a felony DUI/DWI can be severe carrying mandatory jail time without the benefit of probation or suspension of sentence. WHAT IS THE COST OF AN ATTORNEY? One of the biggest concerns for people charged with DUI/DWI is what a defense will cost. Each case is different and there are many factors shaping each defense, so as cases vary so does the fee. Most people don�t realize that money spent now on a skillful DUI/DWI attorney might save them thousands in the years to come. Jobs, credit ratings, and insurance costs can all be impacted by a criminal record. So, it�s important that you discuss the issues with a competent DUI/DWI attorney. Can you put a price tag on your freedom, your criminal record and your peace of mind? WHAT CAN I EXPECT IN COURT? You will have to appear in court more than once - First for an arraignment, then for a defense if you go to trial and for sentencing if convicted. Your attorney will offer an overview of the court proceedings. WHAT ABOUT MY LICENSE? When charged with a DUI/DWI you also face a possible revocation or suspension of driving privileges, even if charged while driving out of state. The administrative (DMV charge) and will be handled separately and differently from the criminal offense. In most states there are ways to retain your driving privilege for work and emergencies. WILL MY AUTO INSURANCE RATE INCREASE? After being charged most states will demand a SR-22 (high risk and therefore costly insurance policy).
2. H2 Law: *Appellate *Corporate *Criminal Defense *Environmental *Notary Public *Wills and Trusts
3. Coleman, David: * Automobile Accidents * Auto Accidents * Child Custody * Divorce Attorney * DWI/DUI Attorney * Family Law Attorney * Personal Injury Attorney * Traffic Law * Wills & Probates * Work Injuries * Minor Criminal Offences
4. Ceballos Legal Counseling: * Conviction and general appeals * Drug charges * DWI and traffic * General criminal
5. Stephenson, Ch�varri & Lambert: * DUI/DWI * Drunk driving * Traffic violations * Assault and battery * Burglary * Domestic violence * Embezzlement * Kidnapping * Arson * Pornography and sex offenses * White collar offenses * Immigration violations * Juvenile matters * Drug and Narcotics charges
6. Fields, Tim: Consequences for DUI/DWI charges are severe, but are often mitigated by the involvement of an experienced criminal defense lawyer. We are experienced in fighting for the rights of individuals who are accused of drunk driving in New Orleans and across Louisiana. For example: * Did the police break the law when pulling you over? We can investigate the circumstances of your charges, and often succeed in having clients' charges fully dismissed. * If convicted, you may lose your license and pay a fine of up to $1,000. We can work to obtain a hardship license, which allows you to drive to work and back each day. We can also fight for your right to take driving- and substance abuse-related classes, which can lessen other consequences like jail time and fines. * A common result of a DWI/DUI conviction is the placement of a lock mechanism on your steering wheel. This breath-test mechanism will prevent you from starting your car unless you blow into it. This lock is expensive, is paid for by you, and is frequently mandated by the court, especially if there is no attorney present to plea bargain your rights.
7. Bagert Law Firm: A person arrested for driving while under the influence of alcohol or drugs (DUI) (DWI) faces long term and serious consequences. For example, if prompt action is not taken to challenge a claim that a breath test was refused, a person will lose his driving privileges. DUI/DWI Consequences If you are found guilty, your sentence can include fines, jail time, probation, community service, mandatory substance abuse evaluation and driver improvement school. You will lose your driver's license for at least 90 days. You may be required to install an ignition interlock device at your own expense. Your vehicle may be confiscated. If you have a professional license of any kind � from a medical license to a commercial driver's license � a DUI/DWI conviction may put your license in jeopardy. Having a DUI/DWI on your criminal record can make it harder to get a job, a loan or even a place to live. Don't Put Your Future at Risk Just because the policeman says you blew .08 or over on the breath test doesn't mean you are guilty as charged. There are still defenses that may be successfully urged. Was the breathalyzer in proper working order? Was the officer properly trained in its use? Did the police have a legal basis to stop your car and to ask you to submit to the test? The answers to any of these questions could lead to an acquittal.
8. Lindner, Nicholas: A charge of driving while intoxicated (DWI) or driving under the influence (DUI) is a very serious offense in Louisiana, especially if you have been previously convicted of such an offense. If you are charged with one of these crimes or suspicion of DWI, it is important to contact an attorney promptly. If you do nothing or wait, your license could be automatically suspended within weeks of your arrest or citation. The legal limit in Louisiana is .08% blood alcohol content. If you are under 21, the limit is only .02%. The trend in the legislature is to view these offenses as increasingly serious, and lawmakers have instituted harsh penalties for conviction. If you choose us for your defense, attorney Nicholas Lindner will work hard to defend your driving record, good name, and liberty.
9. Guichard, Andre: If you have a traffic ticket, DWI, or other traffic-related offense, you need help! The City Attorney knows the law. You need an attorney on your side that knows the law too and who is ready to protect your rights. DRIVING WHILE INTOXICATED In 2009, Louisiana will follow the growing trend in the United States to stiffen DWI penalties. The new DWI laws stiffen fines, impose jail time even on first offenders, set longer probationary periods, mandate high fees and the installation of expensive breathalyzer equipment in motor vehicles, and generally make even a first offense DWI a very serious charge. That is why it is more important now than ever to get quality, experienced representation from an attorney who regularly practices in traffic court. Like doctors and other professionals, most attorneys specialize in one or a few closely related fields. Most attorneys will go their whole careers without ever trying even one DWI case! Don�t trust your future, your driving record, and your insurance rates to an attorney who �thinks he can handle your case.� Trust an attorney who KNOWS he can handle your case quickly and efficiently! Many people faced with DWI charges also often believe that there is little that any attorney can do for them. Many falsely believe that the court will simply believe whatever the police officer says and there will be little an attorney can do to change that. Don�t believe that! An experienced attorney ... will challenge the officer�s testimony, dispute the results of the Field Sobriety Tests and Intoxilyzer 5000 test, and confront the prosecution�s case with effectiveness and zeal. Don�t give up without a fight!
10. DiGiulio Utley: Theft and property crimes: We aggressively defend clients facing property crimes charges including vandalism, shoplifting, robbery, burglary, scams, purse snatching, pick-pocketing, auto theft, mugging and shoplifting. In federal, state and municipal court. White collar crimes: Our practice is experienced with complex white collar crimes defense in cases involving embezzlement, fraud, Internet crimes, forgery, money laundering, RICO Act violations, public corruption and bribery. Louisiana and federal drug crimes: We handle the defense of state and federal drug crimes including possession, intent to sell, distribution, trafficking, cultivation, manufacture and prescription drug crimes. LEARN MORE ABOUT OUR DRUG CRIMES PRACTICE. DWI and Other Traffic Offenses Sex crimes: When facing sex crimes charges we wage an aggressive defense in cases of sexual assault, rape, child abuse, pornography, Internet crimes, and prostitution to protect the rights of our clients and prevent lifetime sex registry. Violent crimes and murder: Our violent crimes and murder defense practice handles cases of assault and battery, murder, homicide, abuse, domestic violence, manslaughter and homicide. LEARN MORE OUR VIOLENT CRIMES AND MURDER PRACTICE Expungements: Often times clients are unable to obtain employment because employers conduct criminal background checks on potential employees only to find that the person has a criminal record. We have experience in obtaining expungements for clients so that they can clear their record and obtain employment. Depending on the crime, an expungement may be possible in state, municipal or traffic court.
11. Massa, Paul: For many people, a DWI is their first arrest and criminal charge. A New Orleans DWI can result in serious consequences, including jail time, fines, surcharges, community service, and a loss of driving privileges. In addition, people with DWI convictions on their records find their motor vehicle insurance premiums going sky high, if they can get insurance at all.
12. Conry & Associates:

    You need a DWI lawyer who can help you through all the complications of a DWI charge.

    1. The first step in a DWI case is to appeal the automatic suspension of your driver's license. Since that needs to be done within 15 days of an arrest, talk to our DWI lawyer as soon as possible.
    2. Next, we will do a thorough investigation of your DWI arrest. Why were you stopped? What were the circumstances? Were the breathalyzer and blood alcohol tests administered correctly? Your DWI attorney will protect your rights and challenge illegally obtained evidence.
    3. If this was your first DWI arrest, you may be eligible for a diversion program and be able to keep your license. Talk to our DWI defense lawyer about your options. If this is a third offense, you will face felony charges.
13. Bloom Legal: DWI�s are serious offenses. If you or someone you know has received a DWI you must hire an attorney to make sure the result is the best possible.You have fifteen days form the date of the DWI to file for an administrative hearing to possibly prevent the suspension of your license. This is a very important first step and is why is it very important to hire an attorney to start the legal process for you. Driving While Intoxicated (DWI)/Driving Under the Influence (DUI) in Louisiana It�s New Orleans, after all. You�ve had a great night, and you�re on your way home. You have a nice buzz from the party, but you don�t think you�re drunk by a long shot. Then, you see the flashing lights in the rear view mirror. What should you do? 1. You don�t have to take a field sobriety test if you�re pulled over by a Louisiana police officer. However, your driver�s license will automatically be suspended for six months if you don�t. 2. DWI and DUI are considered serious offenses in this state. Louisiana law (R.S.14:98) provides that anyone over 21 years old and with a blood alcohol content of .08% is legally drunk. Under the age of 21? You are legally drunk with a BAC of only .02%. Drivers will be guilty of the crime of driving while intoxicated if their BAC tests at these levels, or they are under the influence of any other controlled substance, and they are driving a car, boat, aircraft, or any other kind of �means of conveyance.� 3. If your BAC shows an intoxication level, then you will be arrested for DWI. In Louisiana, you have only 15 days from an arrest for DWI (Driving While Intoxicated) to request a DPS (Department of Public Safety) hearing, or your license is AUTOMATICALLY SUSPENDED. What if you�re arrested for DWI or DUI? What happens after the arrest? That all depends. Was this your first drunk driving arrest? Maybe you can get a suspended sentence. Was your BAC over 0.15? If so, you must spend 48 hours in jail under the law. Do you have prior convictions? How many? A history of driving drunk can mean serious fines and lengthy jail time. The law is complicated, with a variety of results depending upon a number of different contingencies. When do you need a DWI lawyer? If you, or someone you know, has been arrested for DWI or DUI, it is very important that you hire an attorney fast, to make sure the result is the best possible. Deadlines under the driving drunk laws come very quickly, and they cannot be extended. Negotiating the different punishments (fines, suspensions, jail time, classes, etc.) under the law requires skill and experience.
14. Trahan & Davis: The Fourth Amendment of the United States Constitution guarantees the right to be free from "unreasonable" government searches and seizures. As a general rule, law enforcement officers must obtain a validly issued warrant based on probable cause prior to conducting a search or seizing property. In instances where a warrant is not obtained, and no exceptions to the warrant requirement justify the search, the "exclusionary rule" takes effect and prohibits any evidence that was gathered from being introduced in trial. In the landmark U.S. Supreme Court case Mapp v. Ohio (1961), the Court ruled that evidence obtained in violation of the exclusionary rule is inadmissible in both federal and state courts. Despite the exclusionary rule's seemingly widespread protections, several exceptions, if properly established, allow evidence connected with an illegal search to still be admissible at trial. Such exceptions include the following: Attenuation Independent Source Inevitable Discovery Good Faith
15. Stephen London: The Court has always maintained that the right to counsel requires courts to ensure that criminal defendants are provided with adequate legal assistance. In 1984, the Court set forth a general test for determining ineffective assistance of counsel in criminal trials and capital sentencing proceedings in Strickland v. Washington. Pursuant to the Strickland test, the two components of ineffective assistance of counsel include: (1) Deficient attorney performance, and (2) Resulting prejudice to the defense so serious as to bring the outcome of the proceeding into question. The Court explained that the standard for judging attorney performance is that of "reasonably effective assistance considering all the circumstances." Generally, this means that a defendant must show that attorney performance fell below an objective standard of reasonableness in order to prove a Sixth Amendment violation. In addition, the defendant must show that the result of the proceeding would have been different but for the attorney's deficient performance. The Court has since refined the test to require that the outcome of the proceeding was also fundamentally unfair or unreliable as a result of deficient attorney performance.
16. Didriksen Law Office: As trial approaches, the two most important decisions of your life: �� Will I be testifying? �� Will I plead guilty? These are your choices, alone, and you need to know everything available to help you decide. If you are charged with DWI, these issues and questions should be considered: �� You have a limited amount of time to request an administrative hearing to protect your license. Check the paperwork given to you when you were arrested! �� What is the difference between the criminal charge of DWI, and the Administrative Hearing?
17. Andre Guichard: You're never guilty until you either enter a plea of "guilty" or are found guilty by a judge after your case is tried in open court. The prosecutor has to get the police to come to court to testify against you and must prove your guilt beyond a reasonable doubt. The Intoxilyzer (sometimes called the "breath test") is evidence the prosecutor can use against you if you took the test. You are not automatically guilty if you took the Intoxilyzer test and tested over the legal limit. By the same token, if you didn't take the test, that does not necessarily mean you will be found not guilty either. Either way, there will have to be a trial to prove your guilt or innocence, unless we can come to a mutually-agreeable plea arrangement between you and the prosecution.
18. Craig Gibbs: If you are stopped for suspicion of DWI/DUI and refuse the breath test, your license will be suspended for one hundred and eighty days unless you request an administrative hearing. The administrative hearing must be requested within 15 days from the date of your arrest. At the hearing, an administrative law judge will decide whether the police officer had probable cause to arrest you for driving while intoxicated. Common questions regarding DWI/DUI If a police officer asks you whether you've been drinking, what should you say? You are not required to answer this question. However, you do not have the right to an attorney until you have submitted to (or refused) blood, breath or urine testing. Nevertheless, this does not mean that you cannot ask for one. What is the officer looking for during the initial detention at the scene? Symptoms of intoxication taught at the police academies are: 1. Flushed face 2. Red, watery, glassy and/or bloodshot eyes 3. Odor of alcohol on breath or and/or clothing 4. Slurred speech 5. Fumbling with wallet trying to get license 6. Failure to comprehend the officer's questions 7. Staggering when exiting vehicle 8. Swaying/instability on feet 9. Leaning on car for support 10. Combative, argumentative, jovial or other "inappropriate" demeanor 11. Soiled, rumpled, disorderly clothing 12. Stumbling while walking 13. Disorientation as to time and place 14. Inability to follow directions What should I do if I'm asked to take field sobriety tests? The field sobriety tests (FSTs) used in Louisiana are heel-to-toe walk, one-leg stand, horizontal gaze nystagmus (they look at your eyes while using a pen light). Most officers will use a set battery of three tests. You are not legally required to take any FSTs. Most police officers have made up their minds to arrest you when they give the FSTs; the tests are additional evidence to use against you in court. Your results on those tests are determined by the completely subjective interpretation of the officer. This is why it is usually best to refuse to do these tests if you have been drinking. Should I represent myself or obtain the services of an attorney? You can represent yourself -- although it is not a good idea. "Drunk driving" is a very complex field with increasingly harsh consequences. In fact, the third DWI is a felony and the State can go back ten years on previous DWI convictions. Additionally, DWI's affect your insurance and drivers license. A qualified attorney, however, can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc. What defenses are there in a DWI/DUI case? Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: 1. Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. For instance, in the case of accidents, there are no witnesses to the suspect being the driver of the vehicle. 2. Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present other legal issues. 3. Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. 4. Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a breath test, or gave it incorrectly, this could affect the admissibility of the breath test as well as the license suspension imposed by the motor vehicle department. 5. "Under the influence". The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Additionally, witnesses can testify that you were not drinking and appeared to be sober. 6. Blood-alcohol concentration (BAC). There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. 7. Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results. The BAC must relate back in time from the test to the time of stop and arrest. 8. Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test and machine complied with state requirements as to calibration, maintenance, etc. If you are charged with DWI for being under the influence of any controlled dangerous substances or under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription, it shall be an affirmative defense that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol. After Arrest: What should I do now? Contact us as soon as possible and prior to your arraignment if possible. You were probably given a 30 day temporary license. You have 15 days to request an administrative hearing regarding the suspension of your license. If you are represented by an attorney at the arraignment, you probably will not have to attend. At an arraignment, the court will enter a plea of not guilty on your behalf and give a date to return to court for a pre-trial conference or trial. Suspension of Drivers License If you are stopped for suspicion of DWI/DUI and refuse the breath test, your license will be suspended for one hundred and eighty days; if you are stopped for suspicion of DWI/DUI and take the breath test and the results show a .08 percent or higher, your license will be suspended for ninety days. If you refuse to submit to the test, your driving privileges shall be suspended for one hundred eighty days from the date of suspension on a first refusal. Additional refusals cause longer suspensions. The suspension is automatic unless you request an administrative hearing. The administrative hearing must be requested within 15 days from the date of your arrest. At the hearing, an administrative law judge will decide whether the police officer had probable cause to arrest you for driving while intoxicated. No matter what anyone tells you, it is possible to avoid the suspension and get your license back. LOUISIANA PENALTIES FOR DWI/ DUI CONVICTION 1. On a first conviction the offender shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months. 1. If the offender had a blood alcohol concentration of 0.15 percent as determined by breath test or blood test, at least forty-eight hours of the sentence imposed pursuant to Paragraph (1) of this Section shall be served without the benefit of parole, probation, or suspension of sentence. Additionally, your license shall be suspended for one year. 2. On a conviction of a second offense, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars, nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Imposition of the remainder of the sentence shall not be suspended unless: 1. The offender is placed on probation with a minimum condition that he serve fifteen days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or 2. The offender is placed on probation with a minimum condition that he perform thirty eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, and participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program. 3. If the offender had a blood alcohol concentration of 0.15 percent as determined by breath test or blood test, at least ninety-six hours of the sentence imposed pursuant to Paragraph (2) of this Section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with Subparagraph (a) or (b) of this Subsection. 3. On a conviction of a third offense, regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years, and shall be fined two thousand dollars. At least six months of the sentence of imprisonment imposed shall be without benefit of probation, parole, or suspension of sentence. If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved substance abuse program and participate in a court-approved driver improvement program. 1. In addition, the court shall order that the vehicle being driven by the offender at the time of the offense shall be seized and impounded, and sold at auction. 4. On a conviction of a fourth or subsequent offense, regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be sentenced to imprisonment at hard labor for not less than ten nor more than thirty years, and shall be fined five thousand dollars. 1. In addition, the court shall order that the vehicle being driven by the offender at the time of the offense be seized and impounded, and be sold at auction.
19. Stephen Rue: THERE IS NO SUCH THING AS A RELIABLE BATTERY OF STANDARDIZED FIELD SOBRIETY TESTS. In fact, the National highway Traffic Safety Administration (HNTSA) has found that "the tests and procedures used vary between local agencies and officers."
20. David Band: A Driving While Intoxicated Conviction will kill you for years While there is never a guarantee, the fact is most police officers almost never appear in New Orleans Traffic Court to testify, and the chances of getting a plea reduction are quite good. DWI's are much harder, but can very likely be plea bargained down to a manageable non alcohol related plea, saving you thousands of dollars in increased insurance premiums. It is IMPERATIVE that a defendant having received a DWI file for an administrative hearing within 10 days of receiving the ticket - otherwise your license will be administratively suspended for 90 days just because you blew in excess of .10, the presumptive limit of Blood Alcohol Level. But bear in mind that the Administrative Hearing and Administrative Process for a license suspension is in addition to the criminal proceeding in Traffic Court, where you will have to go before a Traffic Judge to defend your charges. David Band will appear in both proceedings for you, ensure that the proper subpoenas are issued for the arresting officer in the administrative proceedings so that, if he dosen't show (and they usually don't) you win by default and do not suffer the automatic suspension of your license for a minimum of 90 days.