Saturday, June 26, 2010
The Traffic Attorney - Field Sobriety Tests
As a Virginia DUI attorney, I usually advise people against taking field sobriety tests. But I had to post this video, because it actually made me laugh out loud. What is the moral of the story? If you are stopped, and the police officer suspects you of DUI, don't say anything. But know that if you're this guy, you are going to get a DUI citation and will need the services of an experienced DUI attorney.
The Traffic Attorney - I Am What I Am
So the other day The Traffic Attorney was speaking with another attorney - a well-respected family law attorney in Maryland - and he asked why I defend people who put other people at risk by committing traffic violations. Before I could answer, he went on to say that people who drive after drinking alcohol are the scum of the earth and should be sentenced to life in prison, since they are being selfish. This particular attorney was very passionate about this subject, so I decided to indulge him.
I am not offended by this question. In fact, I get it a lot, both as a Maryland DUI attorney, and as a Maryland traffic ticket attorney.
But the answer is quite simple. So I explained to him. Some people fight for free speech or freedom to associate with whomever they wish. Others fight for equal rights. Still others fight for the right to bear arms. All of these principles are entrenched in the Amendments to the Constitution of the United States of America, which we (as attorneys) have a duty to uphold.
My main passion is to fight for the rights of the accused. You see, two of the most basic tenets of our criminal defense system are the right to a competent defense and the right to a presumption of innocence. The right to a criminal defense attorney is embodied in the Sixth Amendment, while the presumption of innocence stems from the Fifth, Sixth, and Fourteenth Amendments. Every day, I help support the document that serves as the foundation of our great country. If that means defending someone who had a couple of drinks then chose to drive, then I am okay with that.
I then asked this family law attorney how he can represent people every day who argue over who gets to keep a piece of property, or how much child support should be paid for the aid of a two-year old. He didn't have a good answer, and that was the end of the conversation.
I am not offended by this question. In fact, I get it a lot, both as a Maryland DUI attorney, and as a Maryland traffic ticket attorney.
But the answer is quite simple. So I explained to him. Some people fight for free speech or freedom to associate with whomever they wish. Others fight for equal rights. Still others fight for the right to bear arms. All of these principles are entrenched in the Amendments to the Constitution of the United States of America, which we (as attorneys) have a duty to uphold.
My main passion is to fight for the rights of the accused. You see, two of the most basic tenets of our criminal defense system are the right to a competent defense and the right to a presumption of innocence. The right to a criminal defense attorney is embodied in the Sixth Amendment, while the presumption of innocence stems from the Fifth, Sixth, and Fourteenth Amendments. Every day, I help support the document that serves as the foundation of our great country. If that means defending someone who had a couple of drinks then chose to drive, then I am okay with that.
I then asked this family law attorney how he can represent people every day who argue over who gets to keep a piece of property, or how much child support should be paid for the aid of a two-year old. He didn't have a good answer, and that was the end of the conversation.
Monday, June 21, 2010
The Traffic Attorney - On Driving Records
One of the most important items in any traffic case is the driving record. It can either be the best tool to use in your favor, or the document that is the bane of your existence. In any event, most likely you wouldn't be looking at The Traffic Attorney blog if you had a clean driving record. For example, if you are a Virginia driver, presumably you are in need of a Virginia DUI attorney, or are looking for advice because you received a speeding ticket, DUI citation, or are otherwise headed to traffic court.
The first thing a police officer, prosecutor, or judge will look at is your driving record. You need to keep it under control. Because of that, the first thing your Virginia traffic ticket attorney is going to ask for is a copy of your driving record. The strategy that your attorney chooses to recommend will, in a lot of cases, be based on your driving record. For example, if you have six DUI's and are charged with a seventh DUI, your attorney is not going to recommend a driver diversion program (that just won't be possible) or, most likely, that you plead guilty. Another DUI conviction in most jurisdictions will mean incarceration. On the other hand, if you have never received a ticket for anything, and you are charged with reckless driving, perhaps your attorney will recommend speaking to the prosecutor in an attempt to reduce the charge.
As you can see, if your driving record is ten pages long, you're in trouble. Consequently, be careful out there. You never know when something stupid is going to catch up with you. If you don't need to speed, then don't. Always use your traffic signals. Keep your automobile in working condition. Don't drink and drive.
Of course, if everyone followed my advice, then I would be out of a job. But our streets would be a much safer place.
The first thing a police officer, prosecutor, or judge will look at is your driving record. You need to keep it under control. Because of that, the first thing your Virginia traffic ticket attorney is going to ask for is a copy of your driving record. The strategy that your attorney chooses to recommend will, in a lot of cases, be based on your driving record. For example, if you have six DUI's and are charged with a seventh DUI, your attorney is not going to recommend a driver diversion program (that just won't be possible) or, most likely, that you plead guilty. Another DUI conviction in most jurisdictions will mean incarceration. On the other hand, if you have never received a ticket for anything, and you are charged with reckless driving, perhaps your attorney will recommend speaking to the prosecutor in an attempt to reduce the charge.
As you can see, if your driving record is ten pages long, you're in trouble. Consequently, be careful out there. You never know when something stupid is going to catch up with you. If you don't need to speed, then don't. Always use your traffic signals. Keep your automobile in working condition. Don't drink and drive.
Of course, if everyone followed my advice, then I would be out of a job. But our streets would be a much safer place.
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