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.
You need a DWI lawyer who can help you through all the complications of a DWI charge.
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.
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.
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.
Bloom Legal:
DWIs 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.
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
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.
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?
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.
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.
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."
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.