DUI Lawyer Las Vegas

Paris Hilton Jail Sentence, Click to Larry G Jones – the Man of 1002 voices. Impressionist-Singer. Survey of people in Las Vegas re: Paris’ DUI Conviction. Physical Comedian Joe Trammel(the TV Guy) and Impressionist Larry G. Jones -(the Man of 1002 Voices) team up to Raise Money for ‘Stop DUI’ and ‘MADD’. Joe will spend the full length of Paris’ sentence in a tiny cell outside on the 3rd street stage on Fremont Street in Las Vegas next to Fitzgeralds Casino Hotel where Larry performs nightly in the Showroom. See Joe Trammel in V the Variety show at Planet Hollywood

When you think of Nevada you most likely think of Las Vegas, and when you think of Las Vegas, certain things always come to mind: the blur of the neon lights, the monstrous scale of the strip, and the cacophonous, smoke filled casino’s where day is night and night is day and the alcohol is free for anyone who gambles long enough. Las Vegas may be just one of many Nevada cities, but the people who come to play and stay in Las Vegas may be at a higher risk for DUI than people visiting, say, the Hoover Dam.

With more than enough out of state tourists, Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Although many states’ DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.

Few Tips:

1. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Your constitutional right to speak with an attorney doesn’t allow you to consult with one before deciding whether to remain silent, or before deciding whether to submit to an evidentiary test of your blood or breath. It is only after you answer the officer’s question, and after you submit to the testing, that you can call a lawyer to determine what you should have done.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with the controlled substances, you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

2. I have the right to refuse a test of my blood or breath, even if the officer tells me to submit to one.

Years ago, it was possible to refuse to submit to a blood or breath test, without very much fallout. Today, however, should you refuse to submit to a “preliminary” test of your breath, the officer is permitted to arrest you, if he has “reasonable grounds” to do so, and to force you to take an evidentiary test of your blood or breath. If you are asked to submit to an “evidentiary” test of your breath or blood, and you refuse, the officer can use reasonable force to compel you to take the test.

TIP: Cooperate, but don’t volunteer to take tests. Your refusal to take a test may result in your being charged with an additional charge of obstructing or resisting an officer. Be polite, and if told that you have to submit to a test, then submit to it and fight about it later, in court.

3. If I am stopped and arrested for Driving Under the Influence, I am as good as convicted.

Despite the attitude of many courts and prosecutors, there are defenses to the crime which should be raised by you. Sadly, there are law enforcement officers who are not above coloring the truth and are willing to do so. Also, many officers who investigate DUI cases are not qualified to administer the sobriety tests, and they make serious mistakes in so doing. Remember this: If you plead guilty, you have a 100% chance of being found guilty. If, however, you are willing to fight for your rights, and to contest the prosecution’s case, you will have the best chance of a satisfactory outcome.

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

4. I can defend myself effectively in this kind of case, if I just let the judge know the facts.

If you have a headache, it is perfectly acceptable to take an aspirin or two. Similarly, a small cut on your may heal perfectly well without your doing anything to remedy it. If your appendix bursts, however, you need to consult an expert, and no one would suggest that you should personally attempt to remove that appendix. If you are arrested for Driving Under the Influence, you need professional help to get past the many pitfalls and adverse consequences. You need a competent lawyer, one who is experienced in the defense of Driving Under the Influence cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

TIP: Hire the best attorney you can afford, one with depth of knowledge and experience in defending other drinking drivers.

Originally published here.

Andy Taylor runs websites on DUI Lawyer. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.

“In the United States the National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died in 2006 in “alcohol-related” collisions, representing 40 percent of total traffic deaths in the US. Over 500,000 people were injured in alcohol-related accidents in the US in 2003.  NHTSA defines fatal collisions as “alcohol-related” if they believe the driver, a passenger, or an occupant of the vehicle (such as a pedestrian or pedalcyclist) had a blood alcohol content (BAC) of 0.01 or greater. NHTSA defines nonfatal collisions as “alcohol-related” if the accident report indicates evidence of alcohol present.  NHTSA specifically notes that “alcohol-related” does not necessarily mean a driver or nonoccupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60 percent of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drivers with a BAC of 0.10 are 6 to 12 times more likely to get into a fatal crash or injury then drivers with no alcohol.”

STOP

Let’s analyze this carefully and see if we can gleen what is going on here.  I’ll go point by point to make sure we’re on the same page:

1. NHTSA puts out yearly statistics

2. they contend that 40% of all traffic fatalities are “alcohol related”

3. alcohol related “fatality” is defined by them as – driver, passenger, occupant or even a pedestrian, or pedacyclist has a BAC of 0.01 or greater.

4. alcohol related “non-fatalities” is defined by them as – alcohol is somehow present at the scene of the accident: including passenger compart; trunk of car.

5. alcohol related – as defined by them, does not imply that anyone was tested for a BAC.  60% of the reports they receive have no BAC tests whatsoever.

6. based on their experience NHTSA simulates the presence of BAC information – meaning they make it up with no evidence.

I have it on good authority, data present by a different source that says of all traffic only 2% is actually alcohol related.  This source also concludes that “driver inattentiveness” is the number one source of all traffic accidents.  2% is a far cry from 60%.

Follow the Money

The question is, why would the NHTSA put out such outrageous claims?  You know when you hear illogical facts like this, you must always say to yourself “follow the money”.  Who is benefiting from these statistics?

The first benefactor of these statistics, that comes to mind, is MADD [ mothers against drunk drivers ]  However, MADD, if you look deeper are simply the simptom and not the root of the problem.  Yes MADD makes blunder after blunder like – nominationg a cop for cop of the year who then turns around and get arrested himself for drunk driving; or nominating a cop for cop of the year – who turns out is sent to jail for thousands of complaints of him stopping and sexually harassing female drivers; or worse putting out statistics showing how data shows drunk driving is on the rise and is the cause of huge percentage of accidents when in fact the source was in error and the true data wa nowhere near those numbers.

No MADD is not the root of this illogical process.  Next, it could be the state?  The state benefits from a plethora of fees and fines.  The police gets a cut of these tickets they right as direct support of their budget.  I’m sure that plays a heavy roll in them even stopping vehicles.  There is definately and incentive to do so.  I often see traffic cops one a month sitting in a parking lot stopping car after car.  When asked what they are doing, they tell you quite frankly, they are meeting their quota.  No the police are merely the thugs, the hired muscle in the process and the state benefits from these thugs, but that doesn’t go to the heart of the problem.

In any situation where you are trying to follow the money, it always ends up at the feet of a private citizen or business, even if the government is involved.  Governmental involvement is simply the smoke and mirrors of it.

The person holding the smoking gun, that benefits from these statitics, that puts forth tougher DUI laws resulting in more fees and fines and Americans losing their freedom and going to jail are the private run jails and prisons.

Private prison is a booming, multi-billion dollar business.  Since 1971 privately held prisons have skyrocketed and has squirreled away billions from tax payers.

1. illegal immigration laws? – privately held prisons

2. dui laws? – privately held prisons

3. war on drugs laws? – privately held prisons

4. every major criminal law on the books? – privately held prisons

They have backed, started, encouraged and endorsed every piece of criminal legislation in every state since 1971.

The Solution to DUI

So what’s the solution?  Well obey the constitution first of all.  A lot of these laws and legislations completely violate the constitution.  Next remove all incentive for cops to “meet their quota”.  A police department shouldn’t even be in the mindset to “run at a profit.”  Lastly, sending a U.S. citizen to jail should be the last resort for DUI.  2% of all traffic accidents doesn’t warrant the witch hunts.  2% doesn’t warrant villagers with pitch forks and torches at the gate.  2% doesn’t warrant a multi-million dollar ad campaign during the super bowl.

Sure it’s tragic when a teenager dies from a drunk driver.  Sure it’s tragic when a person is ruined financially from the medical bills from an accident.  However, it’s also tragic that we are selling our own up the river when there is tampering with these tests results, outrageous claims of statistics and the highest rate of encarceration in the entire world, including communist China.

We don’t need to be lied to.  We don’t need to be sold a bill of goods.  We need to hold politicians feet to the fire and these quasi governmental agencies like the NHTSA from reporting bad numbers.  We are made to fear the roads.  We are made to be angry at drunk drivers and want to toss them in jail and throw away the key.

Let me put the numbers in perspective.  I am saying, out of 100 people who get into any car accident, fatal or not, only 2 people are DUI / DWI.  I repeat, 2 out of 100.  Does that bring it home for you enough?

Yes I am sad about those 2 people, but we are forgetting the other 98 people.

Originally published here.

Boundless Enterprise presents information for everyday use such as the Nevada DUI Attorney website. http://www.lasvegasnevadadui.com I am a recovering Law School student. Make sure to consult your lawyer for any legal information you ever read or hear about.