Criminal Law
What a criminal client should expect from our firm:
Preparation is the key to a successful defense. A private attorney can meet with the defendant prior to the initial appearance in Court, review the case, and provide the client with step-by-step assistance throughout the Court process. Michael Wolff, a former prosecuting attorney and a Defense attorney for over 25 years, has the experience to represent you effectively in Court. |
DUI Law Information
Reasons police officers stop suspected drunk drivers:
1. Turning with wide radius.
2. Straddling the center line or lane marker.
3. Appearing to be drunk.
4. Almost striking object or vehicle.
5. Weaving.
6. Driving on other than designated roadway.
7. Swerving.
8. Slow speed (more than ten miles per hour below limits).
9. Stopping (without cause) in traffic lane.
10. Following too closely.
11. Drifting tires on center or lane marker.
12. Braking erratically.
13. Driving into opposing or crossing traffic.
14. Signaling inconsistent with driving actions.
15. Slow response to traffic signals.
16. Stopping inappropriately (other than in lane).
17. Turning abruptly or illegally.
18. Accelerating or decelerating rapidly.
19. Headlights off.
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DUI COMMON QUESTIONS AND DEFENSE TIPS
Q:
What is DUI ?
A: DUI is a traffic offense a person commits if he or she drives a motor
vehicle in a public place while under the influence of alcohol.
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Q:
What does intoxicated mean?
A: Intoxicated is defined in two ways: First, a person is intoxicated when
he drives and, when, through the use of an alcoholic beverage, drug, controlled
substance, or any combination thereof, has lost the normal use of their faculties
and is impaired to the slightest degree. Second, a person is intoxicated when
he drives and has an alcohol concentration of .08 or more in his body.
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Q:
What does .08 alcohol concentration mean?
A: It is defined as the number of grams of alcohol per 100 milliliters of
blood; the number of grams of alcohol per 210 liters of breath; or the number
of grams of alcohol per 67 milliliters of urine.
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Q:
What are the penalties for DUI ?
A: They are serious and can involve jail time. The penalty may be greater
if it is a second or third offense, or if there was an accident or injuries,
or if death occurred. There is also a fine and could result in a driver's license
suspension or revocation as well mandatory attendance at an alcohol screening
and education or counseling. A conviction may also cause your insurance rates
to skyrocket.
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Q:
Are tests required?
A: Yes, a breath test is mandatory and you can also request a blood test
at your own expense within two hours. Refusal can result in suspension of your
driving privileges for up to one year. The penalties for refusing to submit
to the test are actually frequently more severe, as far as driving privileges,
than the conviction for a DUI.
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Q:
Are there penalties for refusing the field sobriety test?
A: No. Be very careful before submitting to these tests, as many completely
sober people cannot pass them, even if they have not been drinking.
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Q:
Can I refuse the tests?
A: Yes, and an officer only has authority to force a blood sample from an
arrested person if there has been an accident where there has been a death,
or serious bodily injury. However, refusing to submit to the tests can result
in suspension of your driver's license for up to one year.
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Q:
What should I do if I am stopped?
A: First, drive your vehicle to the right lane as cautiously and quickly
as possible, and continue there until you can either safely park on the shoulder
of the road, or in a parking lot. Next, take your vehicle out of gear, shut
off the engine, and radio, and turn on your emergency flashers. Act normal.
Second, find your driver's license and proof of insurance. These two items will
usually be the first things requested by the officer. Third, without acting
jerky or mechanical, get out of your vehicle and refrain from using your vehicle
for support, either while walking, talking, or standing. Fourth, do not admit
to drinking an alcoholic beverage.
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For further information, call the Law Offices of Goren, Wolff & Orenstein, LLC.,
at 301-984-6266 or e-mail us at lawyers@gwolaw.com
We also offer consultation or
referral on other legal matters.
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