After a DWI charge, don't let your license go without a fight

Let's say that you were just arrested for drunk driving, and as the days and weeks pass, you are put in front of a judge multiple times. During one of these courtroom visits, you are informed that your driver's license is being revoked, and hearing this breaks your heart. Your job, your life, your responsibilities to your family and friends -- all of these things are being ruined because of this determination.

Losing your driver's license can be, and usually is, a crippling consequence of a DWI charge. Your job could be at risk, as well as your freedom and ability to get from place to place. This is a massive punishment that people who are accused and convicted of driving while intoxicated need to fight as soon as they possibly can.

Here in Minnesota, you have to inform the Minnesota Commissioner of Public Safety that you intend to challenge the decision to revoke your license within 30 days of receiving notification that your license is being revoked.

It's also important to note that here in Minnesota, there are two separate cases going on with your DWI charge. Even if you win the DWI case, you could lose your license in the other case.

Given the high-risk nature of this DWI setup in Minnesota, you need to defend yourself by consulting with a criminal defense attorney that has extensive experience with DWI cases. If you're in the state of Minnesota, consider us at Strandemo Sheridan & Dulas. We can help you with both of the court cases you have to deal with after a DWI. Don't give up your license without a fight.

Tags: Drunk Driving Charges

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Oakland Raiders Wide Receiver Plans to Fight DUI Charges at Trial

By guest-writer

Oakland Raiders wide receiver Darrius Heyward-Bey plans to fight his recent DUI charge at trial, according to a recent San Jose Mercury News report on the NFL player’s legal troubles.

This offseason has been full of drunk driving arrests by NFL players, and the league and its teams have started to take notice. Both the NFL and several teams have threatened to increase penalties for such legal troubles, but they must first wait for the legal system to sort out the players’ alleged crimes.

In this case, it appears that Heyward-Bey is planning to fight his charges, which include one count of driving under the influence of alcohol.

Sources say that the wide receiver told a San Francisco judge last week that he was planning to plead not guilty to the charge, and that he intended to have his guilt determined by a jury trial. That trial is slated to begin on July 23.

The majority of DUI cases in most states are usually handled through plea bargaining, which saves the defendant and the state time and money, but many people who are arrested for drunk driving opt to fight the charges during a trial.

According to sources, Heyward-Bey’s DUI attorney believes that there may have been some procedural errors during the wide receiver’s arrest that invalidated the charges.

In his attorney’s words, “[a]fter investigating all the procedures and all the chain of events, it appears not everything was done according to the rule of law, and there may be some questions that need to go before a jury.”

Common procedural errors that may occur during a DUI arrest include a failure to read the arrestee his or her Miranda rights, improper use of breathalyzers or other equipment used to detect blood alcohol levels, and other police mistakes.

If one of these mistakes occurred during Heyward-Bey’s arrest, it’s entirely possible that his DUI arrest could be deemed unlawful, and he would escape punishment for his alleged drunk driving incident.

Still, the 25-year-old wide receiver has a tough task ahead of him, as sources say that his blood alcohol content at the time of his arrest was 0.12, which is well above the legal limit of .08.

In the meantime, the Oakland Raiders are withholding judgment on their player’s actions until they know the outcome of his trial.

According to his coach, Dennis Allen, the team is “monitoring” the situation and will wait and see “how the whole legal proceedings carry out.”

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Another Reason to Fight Your DUI: Increased Car Insurance

Increased insurance rates can cost you thousands over time.

There are many reasons why you should fight your DUI charges. A professional DUI attorney can guide you and help you calculate the penalties involved.  One of the long-term costs associated with a DUI conviction are increased auto insurance premiums.

Especially for those who do not have a perfect driving record, a DUI can really make their rates sky-rocket.  In some cases, people convicted of DUI have not been able to find coverage for an extended period of time.  Since it is illegal to drive without insurance, this serves as an additional de facto license suspension.

The best-case scenario (which isn’t very good at all) is that you get to keep your insurance but have to pay much, much more.  Over time this adds up and could end up costing you tens of thousands of dollars.

If you are charged with a DUI in PA call now to get the facts so you can make the right decision.  Call 1-866-MCSHANE to learn more about how a DUI can affect your future.

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Why You Should Fight Your California “Driving Under the Influence of Drugs” Charge

As is most often the case with a holiday weekend, California law enforcement officers stepped up their patrols this past weekend. Not only were they operating a number of DUI / driver’s license checkpoints but they were also engaging in roving DUI saturation patrols. If you were unfortunate enough to be arrested for driving under the influence of drugs, here are a few reasons why you should definitely fight the charge.

First, because of the fact that it was a holiday weekend, officers were expecting drivers to be under the influence. This inherent bias can easily lead to incomplete or shoddy investigations…investigations that lead to an illegal or hasty arrest. We will highlight the officer’s bias to prove that…in the officer’s eyes…you were guilty from the word go.

Second, unlike a DUI involving alcohol…where the jury typically sees a blood alcohol reading…allegations of driving under the influence of drugs “DUID” are often more difficult to prove. Even if there was a blood test that revealed drugs in your system, that doesn’t mean that you were under their influence at the time of driving. We know the most persuasive arguments to convince prosecutors, jurors and judges that innocent explanations such as fatigue, anxiety or illness could have been responsible for your alleged impairment.

Third, even if it appears that you were guilty of the offense, if we can present proof that the collection, storage or analysis of your blood test was improper, the prosecutor will likely reduce or even dismiss your charges.

These are just a brief sample of why it is important to fight a California “driving under the influence of drugs” charge. The fact is that there are countless other defenses that…depending on the specific facts of your case…may also be applicable. Don’t assume that just because you were arrested for DUI means that you must be convicted of DUI because it just isn’t the case.

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