Reader’s Question:

During the arraignment can I represent myself in trial? What can a lawyer do for me? What will is the asking price to get a lawyer in Montgomery, AL?

Carrie

Montgomery, AL

These are really good questions. Carrie, you can stand for yourself — though it is not really an excellent idea. DWI is an extremely multifaceted field with more and more harsh penalty. There is a field of complex bureaucratic, evidentiary, legitimate, punishment and administrative license matters.What can a lawyer do for you? In actual honesty, there is nothing. If he is not capable in this extremely specific turf then he really could not help you. A capable attorney, on the other hand, can evaluate the case for imperfections, hold back evidence, force discovery of such things as regulation and maintenance records for the breath machine, have blood samples separately analyzed, bargain for a lesser accusation or reduced sentence, get hold of expert witnesses for trial, and dispute the administrative license suspension.This differs, of course, by the status and familiarity of the lawyer and by the location of the firm. Generally, the more skilled the attorney is, the more expensive their fees are. An associated factor is the quantity of time a lawyer dedicates to his cases: the good lawyers take less clients, spending more time on each.In Montgomery Alabama the standard range for an attorney is approximately from $1,500 to $2,500. Aspects that may be the basis of the fee to be amplified or reduced include: Is the case a misdemeanor or felony? If former convictions are suspected, the measures for attacking them might put in to the cost. The cost may or might not include hearing or pleas. Expenses such as skilled witness fees, autonomous blood analysis, refurbish of subpoenas, and others may be extra.

Reader’s Question:

What are my rights as the citizen of Montgomery, Alabama regarding
DWI?

Jessie

Montgomery Alabama

Jessie, you have a right to remain silent. This means, you do not have to respond to any query which a police officer asks you throughout a Montgomery DWI investigation. You need to remember that everything you say will be used against you. Jessie you are not required to do field sobriety tasks. If you think that you may be under the influence, a polite denial to carry out these tasks will do well to you greatly in the predictable procedures which will follow. Politely say no and look downward or away when the officer tries to carry out the Nystagmus test on your eyes. If it is past dark and you have the smell of an alcoholic beverage on your breath, the officer is going to take you into custody whether or not you believe you have passed the tests.

You have a right to say no to a breath or blood test. You are not obligated to blow into the breathalyzer at the sight of the traffic stop. There is no punishment for this negative response. The consequences of this machine are not allowable in court. If you are asked to carry out a breath test after you are detained and while you are at the police station, you are not obligated to surrender to this test. There is at present no criminal sanction for this negation. On the other hand, there is a possible driver’s license suspension sanction for a negative response.

You have a right to a trial prior to the suspension of your license. Whether you did not succeed a breath test or you say no to a breath test, the Alabama Department of Public Safety will try to suspend your driver’s license. However, they are not at all times successful. You or your legal representative has to request that trial within fifteen days after your detention or the hearing is put aside and your license will be automatically suspended. You have a right to a lawyer and a jury hearing. A lot of people suppose that they have unpromising cases, that a defense is excessively pricey, that the majority of people be beaten their cases, and that a guilty appeal is their most excellent and cheapest alternative. Every one of these anxieties are imprecise notions, or just simply wrong! You are not in a place to critic your case, you require a lawyer.

Reader’s Question:

A friend of mine was charged with DUI her in Alabama and she was never advised by the arresting officer with a Miranda warning. Can she have her case dismissed?

Jane

Birmingham, AL

Thanks for asking, Jane.

If your friend was arrested for DUI in Alabama and she was not advised by the police officer of her Miranda rights, I’m sorry to tell you but your friend’s case cannot be dismissed for this reason. The officers are under obligation to advise her of the 5th Amendment after the arrest has taken place. However, in some cases, they do not fulfill this requirement. If this happens, the prosecution will be unable to use any of your statements after the arrest as evidence in the case.

Another unfortunate, but common, situation occurs when the police officer does not inform her of her rights with chemical testing. Alabama has an “implied consent” that addresses her legal obligations to consent to chemical testing and the consequences if she refuses. This is a particularly important regulation for her to be aware of as it can potentially affect the suspension of her driver’s license.

Reader’s Question:

If I was arrested by the police officer in Alabama, should I agree to take a blood alcohol test? What happens if I don’t agree?

Mark

Birmingham, AL

If you do not want to take the test nor are unsure whether to take it or not, ask the Alabama officer if you can call a lawyer before you make your decision. They most likely will not give you the opportunity. You need to talk to the police courteously and politely and be firm with your request to talk to a lawyer before deciding whether you will take a test or not. The police officer will then tell you that you cannot get a lawyer. Just keep insisting that you are requesting to talk to a lawyer. The officer will then eventually tell you that if you do not agree then they will consider that you are refusing. You will have set a stage for a jury trial. The prosecutor cannot also argue that you refused to take the test because you knew you would fail.

The truth is that even if you pass the chemical test, you can still be charged with DWI. You were actually arrested because the officer formed the opinion that you had lost the normal use of your physical and mental faculties when he stopped you. At this point, the officer did know what, if any, the alcohol level was in your body. Even if you pass the chemical test, the officer can still charge you with DWI. But if you pass the test you will not lose your driver’s license.

If you fail the test, you will be charged with DWI. Depending on the result of the Administrative License Revocation hearing, you may not lose your driver’s license. If you fail, the officer shall immediately take your driver’s license from you and give you a temporary driving permit. It is necessary for you to request an ALR hearing.

Reader’s Question:

We were driving home from Huntsville, Alabama one night when my brother and I got pulled because of a traffic violation. He was asked to have a breath test for drunk driving and unfortunately, he was over the limit. How accurate is this breath test and can we challenge the result of these tests?

Bryan

Huntsville, AL

Of course you can challenge the result of a breath test. First you need to know the law about drunk driving in Alabama. A driver may be charged with DUI (driving under the influence) if the Blood Alcohol Concentration (BAC) Level is at .08 percent or above. It is necessary to obtain a suitable sample of the arrestee’s blood, urine, or hair at the time of arrest in order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving. Using the breath test is the most popular scientific method for establishing that drunk driving has occurred.

The breath test for drunk driving measures the amount of alcohol in an appropriate sample of exhaled air. This is considered as an “indirect method” and thus subject to variability. The chemical composition of the alleged offender’s blood, his/her physical activity, the temperature and the atmospheric pressure are just some of the factors that can lead to variable and questionable results. Many courts in Alabama have allowed drunk driving defendants to present expert testimony of the scientific inaccuracy of Breathalyzer test results based on these inherent variables. Getting a good defense lawyer can definitely help you in challenging the result of the breath test.