Archive for April, 2011
Dui Guilt Myth — Chapter 1
April 27th, 2011 | 
Author: Chapter 1 DWI Lawyer Bob Keefer: DUI Guilt Myth
CHAPTER 1
FACT VS. FICTION—THE TRUTH ABOUT DUI
Driving Under the Influence (DUI) is one of the most common criminal infractions reported, but it is also one of the most misunderstood. Among the public, and even among many attorneys, the truth about DUI is riddled with myth. The unfortunate result is that many of those who are accused of driving under the influence do not know their rights. And because they do not know their rights, they do not obtain adequate legal representation and they receive unfair and unjust penalties, regardless of whether they are guilty or innocent. Before we look at each phase of the DUI process in detail, let us begin by setting the record straight on some common and damaging misconceptions.
Myth #1: “Most people accused of DUI are guilty.”
This is what we call The DUI Guilt Myth. Many people unconsciously assume that, if a person is arrested, “they must have done something wrong.” This assumption is especially widespread when it comes to DUI. Though it is understandable why someone might feel this way, this is not the way the law works. It is not the way the law should work. Being accused of a DUI is not a conviction. No matter what your situation is, if you have been accused of driving under the influence, you have every right to the fairness, justice and protection that the American legal system guarantees.
Myth #2: “These cases can’t be won.”
Because they hold this mistaken belief, and because they do not know their rights, many people end up pleading guilty to a DUI charge when they should have fought the flimsy evidence against them.
Myth #3: “DUI cases are just like any other criminal case.”
This couldn’t be further from the truth. DUI law is markedly different from many other areas of law. Some even say that there is a DUI exception to the Constitution. Most of the time, a police officer must have “probable cause” before pulling you over. In layman’s terms, the probable cause requirement means that an officer must have some concrete reason to believe that a person is breaking the law. While this is always true if a single officer pulls you over on the road, consider the fact that, with sobriety checkpoints, a police officer needs nothing more than for you to drive through it.
Myth #4: “A DUI is a minor offense.”
DUI laws get tougher every year. Politicians know that they can gain points among their constituents by increasing the penalties and prosecutions of DUI. Over the years, a DUI charge has become more and more serious in most States. This is yet another reason why it is so crucial that individuals understand the process and the rights they are guaranteed.
Myth #5: “Once you have seen one DUI, you have seen them all.”
Every DUI case is different. One of the worst mistakes you can make —and a tragically common one— is to assume that your case is just like any other. It is not. While prosecutors must stick to a set mold to prove their case, a good defense lawyer will know how to break the mold in your favor.
Myth #6: “Any attorney can represent a person accused of DUI.”
This is like saying that it is fine to see podiatrist for high blood pressure. Like medicine, law is an area where it is impossible to know and do everything. There is no way for one person to have all the necessary knowledge and experience. You might know a lawyer who you are sure is competent, decent and trustworthy—all of which are important traits to look for in an attorney—but these qualities cannot substitute for experience in the area of DUI law.
Originally published here.
Bob Keefer
Posted in 
Man sentenced for ‘09 crimes
MARTINSBURG – A 22-year-old Martinsburg man, accused of stealing four cars and setting three of them on fire during a single night in 2009, was sentenced to two to 20 years in prison and was ordered to pay more than $30,000 in restitution Monday…
Published Apr 25, 2011.
Read more: The Martinsburg Journal
Do You Need a Montgomery County DUI Lawyer?
Have you been charged with “driving under the influence,” also known as getting a DUI? If you have, you need the services of a Montgomery county DUI lawyer to make positive your rights are preserved.
It’s no longer accurate that driving under the influence is a minor offense. Nowadays, drunk driving punishments, or the punishments of driving under the influence of intoxicants or drugs, are very critical indeed. Laws have been enacted throughout the nation to crack down on drunk drivers, as a means to dissuade those who have been drinking from getting behind the wheel and causing impairment to themselves or others.
The problem is, it’s also sometimes true that you drive without being under the influence of alcohol or drugs, but be pulled over anyway. Because drunk driving penalizations are so severe, you may find yourself facing crucial complaints when you haven’t actually done anything vicious. This is when it’s most crucial to retain the services of a Montgomery County DUI attorney, so that your rights are retained.
What can a Montgomery County DUI attorney do for you?
If you get arrested for drunk driving but are innocent, a Montgomery County DUI attorney can help you get the charges dismissed. Even if you have been driving under the influence such that you are “guilty,” a practiced lawyer practiced in DUI laws can help you navigate the process so that you’re charged fairly and can sometimes minimize the effects of your DUI charges, so that you get the optimum result achievable.
How to handle it if you’re caught for suspicion of driving under the influence
If you’re suspected of driving under the influence, you may be stopped by law enforcement. You’ll be given a series of field temperance tests, to hand the policeman info that will assist him or her see whether or not you really are drunken. You may also be given a breathalyzer trial to find out how much if any alcohol you’ve had to drink.
If officers alleged you’ve had too much to drink based upon the exams they conduct, you’ll be admitted into detention for the suspicion of driving under the influence. If this comes about to you, the most significant thing is that you don’t speak to law enforcement, or give them any information you don’t have to. Instead, once you’re read your Miranda rights, invoke your right to remain silent and request for an attorney. Once you’ve got your Montgomery County DUI lawyer, he or she can help you navigate the coming legal process, so that you have the most advantageous consequence.
Especially if you’re innocent, the attorney may help you such that charges are completely dropped. Even if you are found to be guilty of driving under the influence, a Montgomery County DUI lawyer can still aid you by ascertaining that you are fully represented, so that you get the fairest viable outcome given the judgment of conviction.
In short, if you are stopped for suspicion of driving under the influence, you call for a good Montgomery County DUI lawyer to represent you, even if you know you’re innocent. Don’t assume that simply because you’re innocent, you can’t be convicted of DUI. You can. A satisfactory lawyer can assist make positive that doesn’t come about.
Originally published here.
kelli67usw
