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1. Troisi, James: DWI Did you know that refusing a breath test automatically results in a mandatory minimum six months license revocation by the Department of Motor Vehicles? This is in addition to any court imposed penalty which would include further revocation of license and additional fines.
2. Donovan, Patrick: Trust Your Lawyer - He Represents You, Not the Police If you have been arrested, or if you are stopped by the police for questioning, remember that your lawyer is the person you should trust. Law enforcement investigators are specifically trained to get people who don't want to talk to them to open up and talk with them anyway. Just politely, but firmly, tell the officers, agents or detectives that you will need to retain an attorney before you can speak with them. Do not answer their questions. This cannot be stressed enough. Can I be arrested for questioning? No. Police can request that you accompany them to a police station for questioning, but you are not required to go unless you have been arrested for an offense. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer or independent witness to be present during questioning. What is Bail? Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. What happens at a Bail Hearing? The accused is brought before a magistrate or judge when an arrest happens for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results: * Recognizance - This is the defendant`s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required. * Unsecured Bond - This release pending court appearance is based on the defendantŐs written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set. * Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set. * Ineligible for Bail - The defendant is denied a release pending court appearance. The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance could result in the issuance of an "Order to Show Cause" why the release should not be revoked. What is Probable Cause? This is a difficult one. There is not a clear-cut rule establishing precisely what is and what isn`t probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officer's hunch, with nothing more, will not satisfy the requirements. Example: Officer Doright observes Tom and Dick walking down the street. Officer Doright has a hunch that Tom and Dick are up to no good. Armed with nothing more, Officer Doright goes to the local judge and attempts to get a search warrant for the boy`s home. Should a judge grant the warrant? No. A police officer`s hunch, with nothing more, will not satisfy the probable cause requirement. However, if Officer Doright observed Tom and Dick conduct a drug deal, then probable cause would likely exist for a warrant to search their home. What is a Plea Bargain? Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged- all the way to trials doorstep. Usually, however, the best bargain can be obtained earlier rather than later in the process. And in many cases, it is a question that should be analyzed immediately so that good opportunities to settlement arenŐt given up because of pride or inattention.
3. Burdin, Willaim: Driving While Intoxicated (DWI) The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving under the influence of alcohol (DWI) and drunk driving.
4. Richard Gaudreau: Know your legal rights and have an aggressive advocate on your side.
5. Mark Stevens: Many people believe that breath testing is an accurate method of determining the amount of alcohol in a person's blood. In fact, breath testing is far from accurate and as currently used is fraught with error which can lead to false high readings that are significantly higher than a person's true blood alcohol content at the time of the test or at the time of operation based upon a number of variables not taken into account by the machine.