Judges Have “Different Role” in DUI Cases?

Most of you out there probably thought that citizens accused of drunk driving were afforded the same constitutional rights as citizens accused of any other crime.  Included in this, presumably, is the right to have a fair and impartial judge hearing your case.

Wrong.  The “DUI Exception to the Constitution” applies to judges as well.

Consider the following excerpts from a website entitled ”The Court’s Role in Reducing the Incidence of Impaired Driving: A Resource for General Jurisdiction Court Judges“.   The site is maintained by The National Center for State Courts near Washington, D.C., which provides seminars, conferences, research and educational materials for judges nationwide.
“What is the role of the courts in DUI Cases?”

In DWI cases, courts can have a much broader role than in many other types of cases. Through its interaction with law enforcement, prosecutors, defense attorneys, defendants, the public, and the press, the court establishes a tone toward DWI cases in the community. This is evident when the court addresses a defendant at sentencing to stress the severity of a DWI offense, invites school groups to attend DWI trials or dockets, or explains to law enforcement procedural shortcomings following unsuccessfully prosecuted cases. Judges, through their roles on the bench and in their personal lives, are leaders in the community and the attitudes they express are critical to shape public attitude toward DWI prevention and enforcement.  (Emphasis added.)
Hmm…So the judge’s role in DUI cases is “broader” - to “establish a tone toward DUI cases in the community”, to “shape public attitude toward DWI prevention and enforcement”, and to help the police get more convictions.  I guess high conviction rates, Draconian sentences and turning a blind eye to constitutional violations helps establish that tone.

After 40 years of practice, I can still remember when judges were supposed to be fair and impartial — even in drunk driving cases.

Excerpt from article by California DUI Lawyer, Lawrence Taylor on April 10th, 2010

When determining which attorney will be best to defend you, hiring an attorney who practices in the county where you were ticketed and who is familiar with the judges and prosecutors, as well as the local laws and regulations in that county is extremely important.

All commercial drivers must do the following:

• Notify their employer of any convictions of motor vehicle laws, other than parking violations, within 30 days of the date of conviction; and
• Notify their employer of any revocation, suspension, cancellation or disqualification, before the end of the business day following the day that the driver received notice of the fact.
• Provide any new employer with a 10 year employment history and a 3 year driving history.
• Turn in all licenses issued by other states.

Serving clients throughout Maryland including: Anne Arundel County, Baltimore County (Pikesville, Owings Mills), Baltimore City, Carroll County, Cecil County, Frederick County, Harford County, Howard County, Montgomery County, Prince George’s County, and surrounding areas.

For your FREE consultation contact Mr. Miller today at (cell) 410-746-2271, (office) 410-358-5600, or email.

If there’s anything that could drive your car insurance cost sky-high it’s a drunk-driving (DUI) conviction.

Auto insurance companies may check your motor vehicle record only once every three years or when you’re applying for a new policy. It’s possible that accidents, tickets and DUIs may never make their way to your official motor vehicle record. However, if your insurer does discover your DUI and classifies you as a “high-risk driver,” shopping around at renewal time is the best strategy, as rates will vary greatly among auto insurers. On the other hand, a rate hike may be the least of your problems; your policy could be cancelled or nonrenewed, especially if you are currently in a preferred rate class. Then you’ll be forced to look for new car insurance with the double-whammy of a DUI and a cancellation on your record.

A rate hike may be the least of your problems.
Laws regarding DUIs and car insurance coverage vary by state. Most states requires DUI offenders to get a form called an SR-22 from their auto insurers, so you can’t hide. This form proves to the DMV that you carry liability insurance and removes your license suspension. An SR-22 also requires your insurance company to notify the DMV if it cancels your auto insurance for any reason. You’ll likely have to file proof of insurance for three — sometimes five — years with your state’s DMV.

Some car insurance companies don’t even offer SR-22 policies, so you may be nonrenewed or cancelled because your company can no longer provide what you need.

Source: Progressive
 
It’s possible that your insurance company will never find out about your DUI conviction if you don’t have to get an SR-22. A June 2002 study by the Insurance Research Council revealed that as many as one-quarter of driving convictions never end up on motor vehicle records due to lack of shared information between courts and motor vehicle departments, or because a conviction has been erased through alternative means, such as driving school. If you get your charge reduced in a plea bargain, or have a limited license suspension, such as 30 days, it’s also very unlikely your insurer will find out about your conviction.

If your insurance company misses the conviction at the time it happens, it may still have a few years to raise rates if the DUI is discovered later.

Your ultimate destiny rests with your car insurance company.

For example, State Farm’s action depends on which subsidiary you’re with. The insurer reviews rate-increase decisions on a case-by-case basis. If you have a preferred policy with State Farm Mutual Insurance Co. and receive a DUI, State Farm will likely move you into State Farm Fire & Casualty, which is its standard-policy company for riskier drivers and higher rates.

If you’re with Progressive, you will not face nonrenewal or cancellation because of a DUI, but you may face a rate increase. Progressive also reviews rates on a case-by-case basis, with multiple factors such as age, gender, driving history and your vehicle model going into your rate.

It doesn’t end there. Your DUI conviction will follow you if you apply for life insurance and could affect your premiums there, too.

Last Updated May 7, 2008 
Source: Insure.com

As an experienced DUI/DWI Defense Attorney, Richard Miller has experience disputing the Breathalyzer and field sobriety test results.

There are many ways to challenge evidence from the Breathalyzer and field sobriety tests. Richard Miller, a TOP DUI/DWI defense attorney, is able to effectively cross-examine the arresting officer’s testimony on the accuracy of the  Breathalyzer’s and field sobriety tests.

During a drunk driving stop, police officers gather evidence that consists of a field sobriety test. Additionally the officers will observe the driver’s speech and the way the driver smelled, walked, etc. These observations are supposed to aid in the officer’s assessment that the person suspected of drunk driving was actually impaired. Recent studies have shown that field sobriety tests are not given uniformly or in strict compliance with the standardized training. An experienced DUI Lawyer may be able to prove that the field tests don’t have any reliability at all and no scientific basis exists for claiming the tests are valid.  In addition, as an experienced DUI attorney, Richard Miller can dispute the officer’s assessment and may be able to prove that the officer was not trained in proper administration of field evaluations or that your response to the tests may have been due to a health or medical condition, not alcohol or drug use. Mr. Miller will attempt to obtain a pre-trial ruling that the field sobriety test and their alleged indication of impairment should be excluded from evidence.

The consequences of your DUI arrest can be devastating.  It can cost you money, your Driver’s License, or possibly your freedom. Choosing the right attorney to represent your case is one of the most important decisions you’ll need to make. For your FREE consultation contact Mr. Miller today at (cell) 410-746-2271, (office) 410-358-5600, or email.

You’ve been arrested for DUI, but it doesn’t mean that a conviction is automatic.

Do not allow the arresting officer, the prosecutor, or anyone else, pressure you into pleading guilty.

Often skilled police officers cajole a suspect into an admission or incriminating statement that may ultimately be the evidence that will get you convicted.  The U.S. Constitution guarantees you cannot be forced to be a witness against yourself if the police suspect you of a crime or have arrested you for a crime. For this reason knowing your rights is critical.  DO NOT believe or assume that the police will tell you your rights or how to assert them.  You must know what to do, what to say, and how to act if confronted by police.

• You have the right to seek advice from counsel from the roadside prior to submitting to the Brealthalyzer and field sobriety tests.

• If asked if you were drinking, how much you drank, or even where you were heading, you have the right to politely decline to answer these questions until seeking advice from counsel.

See DUI FAQ…

A conviction of guilty will remain on your record. Talk to an experienced attorney before falling into the trap of having your rights violated. Richard Miller has successfully defended some of the most serious DUI and DWI criminal cases in Baltimore, Maryland, and will ensure your constitutional rights are protected.

Mr. Miller is an expert in Maryland DUI laws and will build a solid DUI defense and review all aspects of your case to determine if your rights were violated in any way or if procedures were not followed properly.

Know that you have rights throughout the entire process.

• Did the arresting officer have probable cause to pull you over?
• Did the officer administer the field sobriety and Breathalyzer tests properly?
• Was the Breathalyzer properly calibrated and maintained?
• If there was a blood test, was it done within your rights and did it follow the proper chain of custody?

Serving clients throughout Maryland including: Anne Arundel County, Baltimore County, Baltimore City, Carroll County, Cecil County, Frederick County, Harford County, Howard County, Montgomery County, Prince George’s County, and surrounding areas.

Any other questions? For your FREE consultation contact Mr. Miller today at (cell) 410-746-2271, (office) 410-358-5600, or email.

This is an excerpt from the blog entry: Case Results DUI Vehicular Homicide. Summary of case will be posted here.