Phoenix DUI Abogados

In the First Appellate District Court of California, the law firm of Kapsack & Bair won an appeal of their earlier lower-court victory over the California Department of Motor Vehicles (DMV). The Appellate Court not only agreed with the lower court, but chose to issue a “published opinion,” to create a precedent for how law enforcement officers can legally conduct chemical tests.

You can read the full press release or jump right to the published decision.

The next step is to have an evaluation done on your DUI case.  Contact an attorney that specializes in DUI Defense.  We offer a free 30 minute evaluation of your case.  Many people think their case is hopeless.  A lawyer who specializes in DUI Defense has the ability of spotting issues that many people miss.  For example, a client came to me who had hired the family friend lawyer that did not specialize in DUI Defense.  The client’s prior lawyer advised her to plea guilty to a slightly less charge because the toxicology report showed she was over the legal limit of .08.  What the lawyer missed is that it was a urine test, not a blood test.  A urine test is not helpful in showing an amount because of the bacteria in urine.  A Urine test is only useful in saying a substance is present, not a quantitative amount.

There is nothing to lose in spending a little time in allowing your case be evaluated.  After the evaluation you can decide whether to hire the lawyer.

Our process is to have you meet with us in our office so we can get to know you and listen to you.  We explain to you the process, the points in your case that will help your defense, and the path that we should take to defend  your case to get the best possible result.  We explain our fee to you, payment options, and sensitive time frames involved with your case.

Hiring a lawyer that specializes in DUI Defense will most likely be more expensive than a lawyer that does a general law practice.  There is a reason.  The specialist knows how complex these cases are and what goes into them.  Many hours need to be spent on a DUI case.  Motions need to be filed; and the specialist needs to know how to try a DUI case.

There are Ogden DUI Attorneys, Salt Lake DUI Attorneys, and others.  Because of our specialty, we go all over the State.  People hire us to go up to Logan, down to St. George, over to Kanab, Monticello, Vernal, and virtually every corner of the State of Utah.

Questions to ask the Lawyer:

• How many cases have you taken to trial? (Glen Neeley has taken more than 100 trials to verdict).
• How many cases to you have?  (You don’t want a dump truck lawyer that has hundred’s of cases that will put minimal time in to your case).
• How can I contact you?  (We provide a 24 hour phone call service, email, text, and social media to be contacted).
• How many years have you been in practice?  (Glen Neeley has been doing DUI Defense work since 1998).
• What training have you had?  (Glen has taken intoxilyzer training, owns his own intoxilyzer and Portable Breath Test, Standard Field Sobriety Test Training and Standard Field Sobriety Test Instructor Training, Drug Recognition Expert Training, ARIDE Training, Toxicology and Gas Chromatography training…virtually all the same training the police and the state expert witnesses are required to participate in.)
• What Organizations do you belong to?  (Glen is a member of the National College of DUI Defense, the State Delegate, and Board Certified in DUI Defense, Trial Lawyers College Graduate taught by Gerry Spence, National Criminal Defense College Graduate, Utah Association of Criminal Defense Lawyers member and regular Seminar Speaker…and the list goes on). 

Pending Bill would elevate punishment for repeated drunk driving offenders from misdemeanor to felony.

House Minority Leader, State Rep. Mark Waller, has introduced HB 13-1214, which would increase the classification of certain repeat drunk driving offenses from misdemeanors to felonies. Although Colorado punishes repeat offenders more severely, it is currently one of only five states that does not have a “repeated-DUI” felony law.

The current text of the HB 13-1214 goes even further than legislation in many other states since it classifies the lesser offense of driving while ability impaired (DWAI) as a DUI offense for purposes of the repeat offender bill.

Under the proposed legislation, a person is subject to the penalty provisions for a class 5 felony if he or she is convicted of a fourth DUI, DUI per se, or DWAI offense at any point in his or her lifetime, or if they are convicted of any three such offenses within a period of seven years. Class 5 felonies currently carry a presumptive range of 1 to 3 years to the Colorado Department of Corrections, followed by a two year period of mandatory parole. See C.R.S. section 18-1.3-401(1)(a)(IV). Upon a finding of extraordinary aggravating circumstances, the range can be doubled.

Similar proposals have been rejected by the legislature in the past due to prison overcrowding, budget constraints, and the relative expense of extended incarceration. Rep. Waller has indicated that, at least this year, due to a reduction in Colorado’s current prison population, no new prisons would have to be built to house the expected influx of repeat-DUI inmates.

The post Felony Charge Proposed for Repeat Colorado DUI Offenders appeared first on My Denver DUI Lawyer.