Archive for April, 2011
Drunk Driving Defense: How to Beat the Rap

This book is the ultimate answer to any DUI / DWI / OWI or drunk driving charge. Discover all the secret investigative techniques that are used by law enforcement officers to trick motorists into incriminating themselves and getting a drunk driving conviction. Learn all the insider information about classified legal tactics that are used by prosecutors to get drunk driving convictions. Everything is revealed in this insightful, comprehensive and enlightening book.
Dispel the myths and learn all the tactics necessary to prevent a drunk driving arrest and conviction. For example, you can learn: 1) How to avoid being suspected of drunken driving; 2) What you should never reveal to a police officer; 3) How to properly answer police officer questions; 4) Whether field sobriety tests are mandatory; 5) Things to avoid during a police stop; 6) Creating “reasonable doubt†to a jury; 7) Knowing what evidence persuades a jury to acquit, not convict, and
Decreasing the cost of litigation.
You also learn the legal technicalities of a drunk driving charge: 1) What constitutes probable cause for a legal and valid police stop; 2) What are the flaws in standardized field sobriety tests; 3) Whether chemical breath, urine or blood tests are mandatory; and 4) When it is appropriate to leave the scene of an accident.
This one book can save you the embarrassment of an arrest, the loss of driving privileges, thousands of dollars in legal fees, months of anxiety, a lifetime of criminal convictions on your record, and the torture of enduring substance abuse education classes and treatment.
San Jose Dui Lawyer Says Police Do Make Mistakes!
If you have been arrested in California for DUI having a good lawyer is critical.
Understanding law is one thing. As a practicing defense lawyer, my court experience goes far beyond my Stanford Law School credentials.
As a practicing lawyer for over 30 years, a former deputy district attorney and being intimately familiar with the local courts, I have the “street” knowledge of our legal system necessary to get my clients the best results possible.
You may think there is no point to fighting a DUI, but I often negotiate great terms for my clients. Even better, in many cases I can get charged dropped!
“And they say you can never beat a DUI! Not only did you get them to drop that charge, but I never went to jail.” -Peter-James J., Oakland, CA
How do I do this for my clients? You may surprised at the number of possibilities in your favor.
Police often make mistakes. Here are some examples of police mistakes you can use to your benefit:
Failure to read Miranda rights
Mis-calibrated breathalyzers
Improper sobriety tests
Invalid tests due to medical conditions such as acid reflux or diabetes
Improper seizure of blood sample
There’s more…
I know the DA only wants to move forward with serious cases, especially in these difficult fiscal times. Despite the fact that the DA has a number of resources to draw on, time and workload is often not on their side. There are times when the criminal court system is overburdened, especially now when budgets are so tight.
By working with the DA to resolve your case quickly, I am actually doing them a favor. And, of course, you benefit the most from this.
It’s a win-win-win for everyone.
And there’s more your case may have going for you but I think I’ve made my point.
With your freedom and reputation at stake, you cannot afford to have an inexperienced lawyer represent you.
You have enough to deal with, let an experienced lawyer take on this burden for you and sweat the legal details, so you will have less.
Here’s what I can do for you:
DMV HEARING
I will represent you at your DMV hearing.
I will contact the DMV and set a date for your hearing. I will ask for all the evidence to see if there are any mistakes. I will try and save your license.
COURT
I will appear at the arraignment and obtain the discovery I will appear at the pre-trial conference and, when appropriate, file one or more motions to suppress.
I have motions for most situations. If you felt something about the arrest was unfair I will fight for you. Even if the police did not make any mistakes I can still negotiate the best offer.
POLICE REPORT
In the two page police report, I look at the field sobriety test location, the preliminary alcohol screen information (PAS) information—the breath test—and then I check the chemical test information (Breath, Blood or Urine).
Attached to the police report is the officer’s narrative. This contains the first observation, the observations after the stop, the field sobriety tests, one leg stand, Romberg balance, walk and turn and PAS (breath test), other details of the arrest and any recommendations.
Then there is the sworn officer’s statement in the DMV’s form called the DS-367. This is where the officer gave his or her account to DMV in a sworn statement.
BLOOD TEST
This is a chemical test, with sometimes two separate pieces of evidence. There may be a document from the person who actually took the blood and another document from the person who analyzed the blood.
SERVICES AND FLAT FEE
I charge an inexpensive flat fee for first and second time DUI matters, usually no more than $3000 and often as low as $2500. First, I will explain to you the system, talk about the case and answer your questions.
I am usually looking for two or three openings. The field sobriety tests offer opportunities for motions, as do check points, breathe tests, and blood tests. I will be looking for mistakes that can make all the difference in terms of winning your case or getting a better offer.
You should do what you think is best based on an informed understanding of the situation and my suggestions.
If you don’t know this already, you must take action right away — Taking the first step now gives you the best chance for the best results. Waiting too long to get started planning your defense could be detrimental to your case.
Originally published here.
Doug Slain
Dupage County DUI Attorney| Ramsell and Associates Wheaton Illinois
Ramsell & Associates, LLC is the only Illinois DUI and Criminal Defense firm from DuPage County to appear before the United States Supreme Court in the Supreme Courts entire 213 year existence. Founding partner, Donald J. Ramsell was recognized by his peers as an “Illinois Leading Lawyer” in the Chicago Daily Law Bulletin, and he was recognized as an “Illinois Super Lawyer” in Chicago Magazine in 2005, an honor only 5% of attorneys in Illinois achieve. Having defended over 12000 clients in DUI and criminal cases since 1986, Illinois DUI and Criminal Defense Attorney Donald Ramsell, has a combined experience in DUI and Drunk Driving Defense of over 50 years. Nationally recognized in the field of DUI & Criminal Defense, Ramsell & Associates, LLC regularly represents clients in DUI Defense, Drinking and Driving Defense, and Criminal Defense in DuPage, Kane and Cook Counties, Illinois. All attorneys at Ramsell & Associates are certified in Standardized Field Sobriety Testing under the National Highway and Traffic Safety Administration (NHTSA) standards. When you choose Ramsell & Associates, LLC, as your criminal defense law firm, you’re choosing criminal defense attorneys with a proven track record of success in negotiations and in jury trials.


