FREE EVALUATION

50 Things YOU Need to Know about Your DWI Case that NO ONE is Telling YOU

5 things the District Attorney does not want you to know :

1. He does not have all the witnesses available to prove his case.
2. He has exculpatory evidence which would prove your innocence.
3. You have a right to a trial within one year of the charges being filed against you.
4. He has evidentiary problems in proving your blood alchol level.
5. He's bluffing.

7 of the facts that must be proved before you can be found guilty:

1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the state of Louisiana, while
5. Your blood alchohol level was over one of the prescribed limits or
6. You were under the influence of alcoholic beverages or
7. You were under the influence of certain controlled dangerous substances (drugs).

What you must do at the Motor Vehicle Division immeadiately to preserve your right to drive:

• You must request an administrative hearing with the Division within fifteen days of your arrest. It is advisable to subpeona all of the officers to be present at the hearing. There is a box to fill in the hearing request form and a money order for $40.00 must also be sent for each subpeona.

10 questions your attorney must ask you.

1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer's stated reasons for stopping you.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed for 20 minutes prior to a breath test,

What are the 5 items crucial to your defense?

1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. A sound understanding of DWI procedures and law.
5. An experienced attorney.

What is the one thing your attorney must do to raise objections based on the Bill of Information (Charging Document)?

• Move to Quash the Bill of Information.

Why a jury trial is advisable:

• Six out of six or ten out of twelve people have to agree on your guilt instead of one.

What is necessary to get a jury trial?

• You automatically have a right to a jury trial if you are charged with a crime that provides for more than 6 months in jail or more than $1,000. Otherwise, you are tried by a judge.

How the arresting officer's testimoney can be discredited:

1. Inconsistant statements.
2. Failure to recollect.

5 requirements which must be followed for chemical and roadside tests to be valid:

1. The officer must have had a reasonable suspicion that you were violating the law.
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
3. The officer must tell you that you have a right to refuse a portable breathalizer test.
4. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
5. The officer must give you your Miranda rights after you are arrested, if he is going to interogate you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you.
2. The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it.

• It's a cost benefit analysis. How much do you have to defend your case?

What effect will this arrest have on my license and when will I be able to drive?

• If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for 90 days to a year and a half. An interlock device is available for you car to shorten these periods. If you are convicted in Court, you may be faced with a suspension, but you may apply for a hardship or restricted license. You can drive when you have a valid license given to you by the Division of Motor Vehicles and not until.

How to save your license if you're found guilty in court?

• Place an ignition interlock device on your car and request a restiricted license through the Department of Motor Vehicles.

7 defense tactics in pre-trial motions:

1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given
6. Contest the use of a Portable Breath Testor.
7. Contest the constitutionality of any search and seizure.