Dwi attorneys

Monday, May 31, 2010

KCBD SobrietyCheckPoints

DWI Trial Attorney Stephen Hamilton discussed the proposed legislation would allow Texas that alcohol sobriety checkpoints,



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Sunday, May 30, 2010

Why Virginia Field Sobriety Tests Can Hurt Your DUI/DWI Case

www.stellyvirginialaw.com Field Sobriety tests administered to Virginia police officers, DUI / DWI suspects are voluntary and are not reliable indicators of a driver's impairment. 804.726.4778 Also Field Sobriety tests are voluntary - you do not have to do it. Richmond, Virginia criminal defense lawyer Tony Stelly discuss why one should think long and hard before implementing a voluntary Field Sobriety Tests, if you are stopped on suspicion of DUI



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Saturday, May 29, 2010

DWI Attorney

Drunk driving (DWI) also) known as Driver Under the Influence (DUI is a major traffic violation under the code of law in all 50 states. A person with and found guilty as the face and may DWI jail time, revocation the license, registration and completion of the course in drunk driving and alcoholism / or probation.

Most states have expanded their statutes to allow tougher DWI penalties for those charged with. In cases where aPerson causes injury to another person while driving under the influence of intoxicating substances, that person with a crime punishable with jail time may be charged. In an even more severe scenario, the drunk driver charged with manslaughter, murder or assault if a deadly weapon if found in the drunken driver's car.

First DWIs are treated as a misdemeanor if and only if no one is injured in the incident. If found guilty of DWI two times, the next time that iswhen the third strike will automatically be treated as a crime.

A very common measure to adopt in order to avoid multiple DWIs is to use an ignition interlock device that detects the driver's breath and analyzes the BAC (blood alcohol concentration) of the driver. The device only allows the driver to the vehicle when his BAC is below a certain level to start.

If you are a lawyer charged with DWI / DUI, you should seriously consider the setting of a DWI.Given the fact that most people who pay with DWI have serious consequences if found guilty of, it is essential that you ensure that you use the benefit, each element or each instance of the event that you can work in . A DWI attorney can review information about DWI / DUI case, gather all who witness interview, the search for defects that the machine can also defective or poorly maintained breath have blood samples independently analyzed and get expert witnesses in court. A good lawyer can also DWI issue of whether the blood technician received adequate training or when the blood sample is analyzed correctly. And because the prosecutor could count on the laboratory results which cast doubt on the accuracy of the results in a not-guilty verdict, or even result in the dismissal of the case.

It is important that you find a reputable lawyer DWI, with a proven track record of success. There is a wealth of DWI> Lawyers, but not so many that are actually qualified to handle the freedom of such a sensitive matter as you. So sure that your lawyer DWI is one of the best. You will not find a better shot of being-guilty or getting your case dismissed.



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Thursday, May 27, 2010

Orange County DUI Second Offense

Orange County Criminal Defense Attorney Virginia Landry talks about the consequences of a second offense DUI and how they can help. The Law Offices of Virginia Landry handles all criminal charges including driving under the influence of alcohol. You can contact Virginia Landry www.DUIQueen.com or by phone (877) DUI-QUEEN.



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Tuesday, May 25, 2010

Should I take a breath test when arrested for DWI?

www.brockdukelaw.com | 214.953.9367 | Breath Tests are usually offered to anyone arrested for DWI. The instrument used to test ones breath is constantly questioned as to its accuracy and reliability. This information is not intended to teach you to beat a Driving While Intoxicated charge. It is intended to educate people about the rights they have when stopped for DWI or DUI.



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Monday, May 24, 2010

Not Guilty by DWI Defense Lawyer Mark Stevens

New Hampshire DWI case? Call New Hampshire DWI defense lawyer Mark Stevens today for a free consultation at 603-893-0074.



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Thursday, May 20, 2010

The Cruel Reality of DUI Cases

The best and the worst part of this modern world is that everyone including us is in a hurry. We are constantly on the move, we hurry from home to go to office, and we hurry from office to get some leisure. Most of us do not think and analyze why there are so many restrictions which have been imposed on us and thus, we end up breaking many of these vital rules. One of the most common of them is driving when we are drunk. Drunk driving has become a very serious social nuisance wherein people are not aware of the danger which lies hidden when you are not in your proper senses.

DUI cases have become such a common factor in our daily lives wherein survey and research on the matter has proved that 39% of road incidents or vehicle-related accidents are caused due to the influence of alcohol. Also, the fact that almost 44% of traffic fatalities have been caused due to DUI is a very terrifying and disturbing piece of information. Drinking under the influence (DUI) or DWI is a very serious offense and stringent measures have been applied on the area to ensure safety of fellow drivers on the road. One of the most important of these measures is the blood alcohol content test or the BAC test. The percentage of alcohol in the given amount of blood is tested in the BAC analysis and a BAC more than 0.08% is supposed to be the illegal limit while driving in the United States.

With the intervention of various organizations such as the Mothers Against Drunk Driving, stringent measures on drunk driving cases have been initiated. The punishment for DUI cases range from heavy fines to several years of prison imprisonments. If you are involved in a DUI case, it is always wise to immediately get in touch with an experienced DUI attorney who will be able to help you out with your case.

DUI is a really big offense and even in the busiest of times, care should be taken not to drive on the roads while you are drunk.



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Wednesday, May 19, 2010

Requirements and the Selection of a Cheaper Bail Bonds Company

Bail bonds are a process in which any person or company which provides confirmation and guarantee in form of property or money for further procedure of bail. This is made compulsory for the designated criminal to attend the court for hearing. This is done on some rule and regulations of the court. The amount is decided by court for bail of designated criminal. Bail-bonds are the proper methods releasing the designated accused who is waiting for trial or criminal charges.

Mostly the designated criminal needs help of a bail agent who charges money of 10 or 20 % of the amount on the bail. Bail agents are the person who helps you to get out of the jail. They are aware of rules and regulations of the state and will help you in getting release easily or you can get avoidance of jail custody for designated criminal.

Any types of accidents or illegal works can happen anytime. For every illegal work you do, you get arrested in jail. Bail is necessary to get out easily or avoid from the custody of jail. You can apply for the bail before your custody in jail too. You should get in contact with the right company who would help you in your bail matters.

Bail-Bonds Companies helps you in getting through the procedure of bail service. Agencies or companies gives you copy of money they spend on the documentation and other expenses during your case. There are many companies which are located near you in your city which helps you in preventing bail bonds.

There are some requirements for getting Bail Bonds.

• You need to provide some details to agent who fills these details in application. Details should be mentioned like name of the person who is designated criminal, occupation, age, name of jail in which he is arrested and the amount you have given for the bail. This application is sent on the court for the further procedure of the bail. Usually, bail is given in 8 to 10 hours.

• When you contact Bail Bond companies for helping you getting designated criminal out of the jail, you are asked to pay some fees to them. Some people can afford the fees while others cannot afford. They have option of paying in form of collateral. Collateral can be form of legal documents of your house, of your vehicles. These papers are in form of security to these agencies. If the person who is designated criminal appears in the court, then these legal papers are returned back.

You have option to choose from list of bail Bond Company. There are many companies in LA which works 24 X 7. You can consult with different companies which helps you in getting right decision. Many companies give you advice for free and help you with experienced professionals. Bail bond companies offer you services of notary public services, drug offenses, drunken driving offenses, spousal abuse offenses, all felonies, misdemeanors, etc.

Know about the agency completely before getting anytime of this service. Agency professional or members should be well aware of law and their regulations. An agency should be legal and should have experience of it.



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Tuesday, May 18, 2010

Muller & Sommerville PA Criminal Defense in Central Florida

Criminal charges? Going to court? Criminal defense attorneys Chandler R. Muller and Thomas D. Sommerville, with an office in Winter Park, Florida, will work to protect your rights and guide you through the often overwhelming legal process. With over 50 years combined experience, they offer defense for crimes including DUI, drug charges, white collar crimes and felonies. With competence and compassion, they'll help you and your family through a tough time. Visit us www.yellowpages.com



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Sunday, May 16, 2010

Attorney Baltimore MD Law Offices Mark Macaluso

(410) 319-9322 Attorney Baltimore MD Law Offices Mark Macaluso Bankruptcy Drunk Driving Personal Injury Lawyer DWI Defense Uncontested Divorce Debt Relief MVA Hearings DUI Defense Divorce & Custody Suspended License (410) 319-9322 The Law Offices of Mark D Macaluso provides Attorney Services to the Baltimore MD area. We can assist you with the following types of cases: - Bankruptcy and Debt Relief - DWI / DUI, Drunk Driving - Uncontested Divorce - Divorce & Custody - Personal Injury - Suspended License - MVA Hearings and more! When you need a professional, reliable and knowledgeable attorney, call The Law Offices of Mark D Macaluso. We also offer house calls!



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Saturday, May 15, 2010

Laws For Underage Drivers Under the Influence

Underage Drivers Under the Influence in Texas

It is well known that underage partiers are frequently faced with with minor in consumption (MIC) or minor in possession (MIP) charges, but there are also guidelines set for those minors who choose to take their party on the road. DUI laws vary from state to state, and the State of Texas hold very specific laws for who can be charges with driving under the influence of alcohol by minor.

What is Driving Under the Influence of Alcohol by a Minor?

Driving under the influence of alcohol by a minor makes it illegal for any person under the age of 21 to be operating a motor vehicle in a public place with any trace of alcohol in their system. This is known as a "zero tolerance" policy. In this case, minor is seen as anyone under the legal drinking age, which is 21. Furthermore, motor vehicles can include cars, trucks, scooters, and motorcycles. A public place is defined as any public road or on any public property.

Texas has a "zero tolerance" policy because minors are by law not allowed to consume alcohol, and therefore should not be driving under the influence. The state takes this very seriously.

Punishments for Underage DUIs

The legal repercussions for a DUI vary depending on the record of the offender. For minors who are charged with their first driving under the influence of alcohol by a minor, the offense counts as a class C misdemeanor and usually requires community service and probation.

For minors who have previously been found guilty of driving under the influence, there is at minimum a larger community service requirement. However, for those who are under 21 but over the age of 18 (in other words, not a child), the punishment for multiple offenders is more severe. Typically, for those adults under legal drinking age who have been charged with driving under the influence of alcohol previously, the sentence will consist of jail time, a fine, or both.

For More Information

With any substance abuse, there are stricter guidelines for those who are underage. As can be seen above, this is certainly the case with minors accused of operating a motorized vehicle under the influence of alcohol. Because of this it is important that those accused of this violation know their rights and responsibilities.



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Friday, May 14, 2010

Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

Sexual intercourse in which one partner is an adult and the other a minor is legally referred to as statutory rape. In the case of one Florida sexual offense law, an adult is defined as someone aged 24 or older. A minor is defined as anyone under the age of 18.


Florida Statute Title XLVI Crimes Chapter 794 Sexual Battery 794.05 - Unlawful sexual activity with certain minors. This law makes it a felony for anyone 24 years of age or older to have sex with a 16 or 17 year old. Ignorance of age cannot be raised as a defense for this crime.


QUESTION: Does this mean that anyone between the age of 18 and 24 can have sex with minors under the age of 18?

ANSWER: No, it does not.


Florida Statute Title XLVI Crimes Chapter 800 Lewdness; Indecent Exposure - 800.04 Lewd or Lascivious offenses committed upon or in the presence of persons less than 16 years of age: This law makes it a felony of the second degree for "A person" 18 or older, to engage in sexual activity with a person 12 years of age or older, but less than 16 years of age.

Florida Statute Title XLVI Crimes Chapter 827 Abuse of Children 827.04 Contributing to the delinquency or dependency of a child; states that a person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree.

Statutory rape laws are meant to protect young people.

Knowing that jail time is a possible consequence deters many (but unfortunately not all) adults from becoming sexually involved with minors. When the act on a minor has already been committed, protection comes in the form of punishing the offender, usually with a felony offense.

Problem is, most minors that have sexual relations with adults rarely feel victimized and therefore don't feel the need for protection. As a result, parents who suspect their underage children of being sexually active with older adults face a dilemma. If they report their suspicions to authorities, the report sets in motion a long and complex legal process which usually alienates them from their children.

If they don't report their suspicions, they may feel they've failed in one of their primary responsibilities as a parent: Protecting their child from potential danger.

Do you suspect statutory rape?

If you're a parent and suspect your minor child is sexually involved with an adult you have every right to decide how to handle the situation. Depending on your child's maturity level, you might decide to speak frankly about the possible consequences and then allow some time for them to seek a resolution themselves.

Or you may feel it necessary to take legal action. If so, start gathering evidence of the relationship now. Read your child's journals, dairies, text message logs and email and make copies of any relevant information, especially anything that is dated, before your child has a chance to destroy evidence. If you think there's evidence on a computer, be sure to make a backup copy of the hard drive, too. If you don't know how to do that, find someone who does.

Reporting statutory rape in Florida

The general procedure for reporting suspected cases of statutory rape in the state of Florida is as follows:

Start by reporting the suspected statutory rape violation to the Sheriff's office or local police department. Based on the evidence provided, the law enforcement agency usually will either dismiss the case if insufficient evidence is provided; place the case on hold until resources can be devoted; or initiate an investigation right away.

An investigation entails gathering the names of and interviewing everyone involved including witnesses and following up on leads and any new information learned as a result of the interviewing process. A review of all evidence is also undertaken.

If this investigation is inconclusive, the case likely will be dropped at this stage. However, if the investigation determines that a violation of Florida statutory rape laws has taken place, the case is forwarded to the appropriate district office of the State Attorney for prosecution.

Once under the jurisdiction of the State Attorney's Office, district attorneys take sworn testimony from all witnesses. From there they will make a determination as to whether charges should be filed. If warranted, the specific charges are determined next. The district attorney's office then files a case with the Clerk of Courts, an action that signifies the start of the prosecution phase.

No one really wins in court

If all this sounds overwhelming, remember there is a better way. Keeping the lines of communication open may help prevent statutory rape from developing in the first place. So do the right thing and talk openly, honestly and regularly with your child.



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Thursday, May 13, 2010

David P LiBassi Attorney At Law Lowell MA

David P LiBassi Attorney At Law www.localedge.com accidents, bankruptcy, divorce, DWI, business law, OUI,attorney, felony, wills & trusts, real estate, restraining orders, lawyer, criminal law, medical malpractice, personal injury, arrested



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Wednesday, May 12, 2010

What to Do If You Are the Victim of a Car Accident

I hope you will read this article because you are only trying to prevent something terrible, but if you try, information on what to do when you get the victim of a car accident with a drunken driver or you were the person who was unfortunate enough to be the drunk driver, you have stumbled on the correct item.

If you are the victim of a drunk driving situation is, it's probably best to a lawyer as soon as you can get. Depending on theGravity of the situation, you may be able to get a large sum of money because of the accident. The good news is that there are lawyers that lawyers are specialized in dealing with these types of cases. DWI are usually a dozen or so it is actually really hard to choose who you represent. It would be a shame, a lawyer who can not very well calculated and then present you a fortune for you.

If you choose an attorney, it is probably best to find that someone Nearby already for this kind of thing has begun. Whether for a civil case as a divorce or a criminal, a good lawyer will walk you through it to get quiet.

If you cause an accident, drunk driving are, the situation looks a little more dim for you. The worst scenario is that you spend time in prison before have your court date. If you can not afford bail, you could be forced to stay there. Even if you can not afford a lawyer, the State will try, many find one of the DWI> Lawyers to represent you. Even if you have a great lawyer at this point, you are probably looking at some hard time, because it is a crime and depending on the severity of the injuries, you can search for years, if there are any deaths involved.

Whether you're the victim or the person who caused the event, it is always wise to try to get a lawyer as soon as possible. You have to be trustworthy and competent. There are websites who vote online to do basic lawyersStatistics on merit and they have posted there also. You might want to find it after a big lead at one.



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Tuesday, May 11, 2010

Ask an Attorney Questions 1 www.theQshow.com

Trosch talks about drinking under age, DWIs, and the affects of DWI in the search for jobs. To ask a legal www.theqshow.com Trosch related question.



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Saturday, May 8, 2010

Virginia DUI and Reckless Driving Attorney Bob Battle

If you are charged in Virginia with a serious criminal traffic offense like DUI/DWI or Reckless Driving/Speeding, you have to make some big decisions in a hurry. Probably the most significant choice you will make will be which lawyer you choose to represent your legal rights.



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Thursday, May 6, 2010

Tampa DUI Attorney and the Field Sobriety Test

Tampa Criminal Defense Attorney Jeff Paulk discusses the field sobriety exercises and how they may help your case. The attorneys at Thomas and Paulk handle all felony and misdemeanor criminal charges including DUI, DWI, drug crimes, theft crimes, sex crimes, violent crimes, white collar crimes, domestic violence and more. You can contact Mr. Paulk at www.TampaCriminalAttorneys.com or by calling (800) 239-3195.



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Wednesday, May 5, 2010

DWI Trial Preparation: Behavior and Common Questions

This segment covers behavior, body language and comments plus common questions. It does not coach nor instruct the defendant on what to say during questioning under oath.



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Tuesday, May 4, 2010

The Basics of Public Intoxication

If you have just went out with your friends and gotten drunk in public, this is technically classified as public intoxication which is a serious offense in the state of Texas. There are many types of behavior that can be considered public intoxication and you need to make sure that you are aware of all the consequences that will go along with this type of behavior.

The first thing that you should understand is that public intoxication is considered when a person is acting disorderly in a public place because of alcohol or illegal drug substance. This means that the person ingested or used some type of alcohol or drug and was therefore acting in a way that was causing them to make a nuisance of themselves. Although some people say that getting a PI is only for those who were drunk in public, but they are incorrect. When you are drunk in public, a police officer can see this behavior and will most likely give you a ticket and arrest you. The reason that they will arrest you is because they consider you to be a danger to both yourself and others. The police want to make sure that you don't cause harm to anyone including yourself.

The next factor that you should understand is that when they arrest you, you are not going to be able to leave the jail immediately after. The police are quite likely to hold you in the jail for up to 6 hours in order to make sure that you sober up enough to get yourself back to your home in safe manor without hurting any other bystanders. If you are over the age of 21 the penalties are not as severe as if you are a minor and arrested for Public Intoxication.

Being arrested for Public Intoxication is considered a Class C Misdemeanor. Depending on what your past criminal record looks like will determine what your sentence will be on your PI. The process for a PI is that you first are arrested. During your time spent in jail, they will also write you a ticket that you will be assigned to take care of as well as a court date that you will need to attend. If you fail to appear at the assigned court date, the police will automatically put out warrant for your arrest for your lack of appearance in the court room. During your court hearing you will be given a sentence by the judge depending on how lenient the judge is toward your case. The sentence can be anywhere up to $500 in a fine that you will be required to pay the court. They will also probably give you some type of alcohol awareness classes that you will be required to take.



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Sunday, May 2, 2010

NJ Supreme Court Holds New Alcotest DWI - Breath Testing Machine Results Admissible

The Supreme Court on 17 March was adopted in 2008, as amended, the reports and recommendations of the Special Master Judge King. This landmark decision changed the prosecution of DWI cases in New Jersey forever. Under certain conditions, the court held that the Alcotest is scientifically reliable and that its results are acceptable, drunk driving prosecution. State v. Chun 194 NJ 54 3-17-08

The Supreme Court held:

1st There is enough credible evidence to supportcontinued use of the 2100-1 blood / breath alcohol ratio to estimate BAC from a breath sample. The overwhelming evidence shows that this ratio tends to use the actual BAC in the vast majority of persons whose breath is tested underestimated. Despite being a small number of people who are disadvantaged by a device that can be used 2100-1 blood / breath ratio, there is a solid scientific basis for its further use.

2nd The four criteria of the use of the deviceObtain a valid breath sample, having a change, is appropriate. The Court adopts the recommendation that the minimum breath volume requirement should be reduced for women over sixty years, only 1.5 liters to 1.2 liters and comes to the conclusion that this change is not against equal rights. Regardless of at least breathing requirements, no test is of the machine to the infrared measurement plateaus, which occurs only when a suspect expulsion deep acceptedLung air.

Further, while selective reduction of breath volume requirement is a different level, can bring on the women over sixty with rejection, creating shows the protocol that this group, and only this group may not have the physiological function of providing a larger sample . carried out in criminal proceedings and in the future to the prosecution prior to the implementation of Directives of the court, an Alcotest AIR is not based with an insufficient volume errorbe used as evidence for the rejection of women over the age of sixty, unless they have a different sample of at least 1.5 liters.

3rd The Supreme Court refused the recommendation that an air temperature sensor be added to the Alcotest adopt conclude that this device is both unnecessary and impractical. The record contains little evidence of a correlation between temperature and increased breathing breath alcohol concentration, and no evidence that the theoretical increaseBreath alcohol concentration would translate into an inaccurate BAC increased. In addition, any possible impact from the 2100-1 blood / breath ratio and by using cut, rather than rounded, results, both of which improved serve to underestimate the search results. The demand of the addition of a touch sensor temperature would also have a disproportionate burden of maintaining New Jersey breath test program.

4th A tolerance range of an absolute 0.01 percent (plus or minus 0.005 percentfrom the mean) BAC standard, coupled with the use of a percentage expressed as tolerance of five percent plus or minus standard deviation from the mean, is both scientifically appropriate and in accordance with the will of the legislature in the adoption of per se limits. The device must therefore be re-programmed to meet this standard. carried out in criminal proceedings and in the future to the prosecution prior to the implementation of Directives of the court, located where the airReports a BAC using a doubled tolerance range, must verify the given breath samples to determine whether the findings from this tolerance needs. Each AIR are that it can not two valid attempts within the tolerance of this standard is not admissible as sufficiently scientifically reliable and are not considered evidence admitted as evidence per se violation.

5th The Alcotest the use of fuel cells "drift" algorithm does not undermine its reliability.The scientific evidence proved that fuel cell start age when they are put into operation, and will eventually lead to underestimate the power of the Alcotest chemical test for BAC. While there are other ways to be compensated for this "drift," this budget will end up not more advantageous than the defendant minor upward adjustment that the algorithm effects. However, the court takes the Special Master's recommendation that the devices are calibrated
biannualinstead of annually. A semi-annual calibration is in line with the recommendations of the manufacturer and provides a useful by providing a regular opportunity to evaluate and replace aging fuel-cell protective

6th The Supreme Court ruled that the Alcotest's "weighted averaging" algorithm, a corresponding calculation that results in a more precise infrared measurement. There is a greater emphasis on the breath, that inevitably affected the deepest air from the lungs. ItTherefore, the analysis focuses on the part of the breath sample that most accurately represents the theme of the BAC

7th The buffer overflow error is a genuine error in the programming that cause the Alcotest can produce incorrect results in situations where a third breath sample that was taken only when the measurements from the first two tests will not be reported in tolerance. The buffer overflow error in the programming has to be corrected, only the final result BAC reported on the air.Because the infrared and electro-chemical measurements for all samples exactly on the air, the right BAC-value can be reported and must, from which measurements by applying a correction formula to be calculated. In criminal proceedings and in the future on law enforcement tests conducted prior to implementing the Court's guidelines are based, must write to the State all air, which includes three tests, perform calculations to identify the correct BAC in accordance with thatCorrective action formula, and return the data to the court. The calculations shall be made a part of the evidence in any prosecution in order to facilitate an appeal.

8th The Supreme Court noted, enabled adequate support in the record that catastrophic error detection should be returned to the Alcotest. This finding allows the machine to recognize and respond to catastrophic failure by shutting down. There is no basis for the court to conclude that, the lack of catastrophic error detectionResult in an inaccurate AIR in any pending prosecution.

9th The Supreme Court found all the programming style and design of the source code to be acceptable. The final rating in this case, found that only a few factual errors or problems within the source code. As no evidence in the record that any other alleged deficiencies are more than stylistic or theoretical challenges require the court to reject a particular programming language standards at this time.

10th Infuture revisions to the Alcotest software ruled that the Supreme Court of the State must: the Alcotest software, so that only the manufacturer can make the source code revisions locked, have the software that identifies and prints the Alcotest software version that revised it to use any air, and provide detailed notice in accordance with due process to the public and the New Jersey State Bar Association of any future revisions.

11th The Supreme Court ruled, must DraegerAlcotest training, comparable to the state made available, those available to licensed New Jersey attorneys and their experts at reasonable times and places in New Jersey and at a reasonable price.

12th The Supreme Court identified the twelve basic documents of the Special Master must be made during discovery in all areas provided. The operator of the device must be available to testify and has to produce proof of his qualifications to operate the equipment. Thefollowing basic documents that prove a good state of the machine occurs, evidence based certified in criminal proceedings shall be on Alcotest breath testing results: the latest report of calibration, including inspections, tests, linearity and the credentials of the Coordinator, who performed the calibration, the latest new standard solution report used against a defendant to test and certificate of analysis of the 0.10 simulator solution in a defendant's control.These basic documents are not "testimonial" as the United States Supreme Court in Crawford v. Washington and its progeny defined. In so holding, the Court is directed by a majority of other courts, which found that such documents business records, which do not imply not have the confrontation clause.

13th The Supreme Court ruled the air itself, an "explanation" of a machine is not under Crawford recommendation because it does not imply Crawford a central concern - it isnot one report of a past event, given as an answer police questioning, with the purpose of verifying that a defendant has committed a crime. Although the air evidence not testimonial, the Court protect nevertheless mandates various safeguards to an accused a fair trial rights: the ability to cross-examine the operator of the Alcotest, the routine production of all essential documents for discovery and the approval of the core basic documents as evidence toStudy.

The court issued an order simultaneously evacuate its 10th January 2006 to stay of drunk driving prosecutions, appeals, and condemnation, which shall proceed in accordance with the guidelines set forth herein.

The full 130 page opinion is available at http://www.njlaws.com/statevchun.htm

Kenneth Vercammen is the 2008 District Court Attorney of the Year by the Middlesex County Bar Association. He was a lawyer only one of three lawyers selected as Super2008 in New Jersey Monthly in Penal Code - DWI category. Kenneth Vercammen, the New Jersey State Bar Court Advocate of the Year and was a former president of the Middlesex County Municipal Prosecutor's Association. ((He is the past chair of the NJ State Bar Association District Court section. He is the vice chairman of the ABA Criminal Law Committee, GP Division.

KENNETH VERCAMMEN LAWYER

2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

NJ LAWS LEGAL WEBSITE:http://www.njlaws.com

Criminal website http://www.BeNotGuilty.com

Kenneth Vercammen was one of only three lawyers a Super Lawyer in New Jersey Monthly 2007-2008 in the Criminal Code - DWI. Kenneth Vercammen was the New Jersey State Bar Court Advocate of the Year and past president of the Middlesex County Municipal Prosecutor's Association. ((It in the last chair of the NJ State Bar Association District Court section. He is the vice chairman of the ABA CriminalLaw Committee, GP Division.

KENNETH VERCAMMEN LAWYER

2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

NJ LAWS LEGAL WEBSITE: http://www.njlaws.com

Criminal website http://www.BeNotGuilty.com



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