Ten Things to Do after your DWI

Ten Things to Do after your DWI
by MinnesotaLawyers.com

Ten.

If you need to save your driver's license you or your attorney must

usually notify the drivers license bureau immediately!



Nine.

You must notify the licensing bureau in writing and have a receipt of

delivery, even by fax if necessary. If time is running out or you are late, contact an attorney ASAP!



Eight.

Don't rely on a telephone call alone. It is well known that when the employee tells you, "you'll be contacted later", something will go wrong.



Seven.

Even if you did not receive a temporary license paper from the officer, the licensing bureau will take action against your driving privileges immediately.



Six.

Even if you have a license from another state, and even if the officer did not take your license, your state may also take action against your driving privileges.



Five.

TEMPORARY DRIVER LICENSES are only valid for 7 days after your arrest.



Four.

Do not confuse this page's license issue with your criminal court date! Minnesota punishes you both by taking your license in a civil proceeding and then punishing you again in court on criminal charges.



Three.

There are three (3) issues at most hearings if you completed a chemical test. (Stop, Charge, Test). If you refused, this fact will be used against you to show your guilt. Usually you must explain refusals completely to win.



Two.

The government has the burden of proof to prevail on all DWI issues, or refusal matters. If the government meets the burden of proof on only part of the issues, you win. It's the law!



One.

All your attorney has to do is knock out one issue to save your license & you avoid the harsh civil and criminal penalties!



--------------------------------------------------------------------------------



FOR A FREE CONSULTATION CALL 612.240.8005



Maury D. Beaulier is a criminal defense and DWI attorney licensed in Minnesota and Wisconsin. He operates a website dedicated to Minnesota legal issues located at www.minnesotalawyers.com. Recognized as a leader in Minnesota law, Mr. Beaulier can be reached through his Ask-A-Lawyer page at www.ask-a-lawyer-online.com





Article Source: Articles Free Articles Submit Articles Directory Submission:

Challenging the Breath Test in DWI

Challenging the Breath Test in DWI
by MinnesotaLawyers.com

The state of Minnesota and the State of Wisconsin currently require a person suspected of a DUI/DUI to submit to a blood, breath or urine test to determine the blood alcohol content of the subject. A refusal to submit to such a test may have more serious ramifications than a test result with a BAC over the legal limit.



The Intoxilyzer 5000 is the current breath-testing machine that is used. This is the machine that is used when a DWI/DUI suspect is taken to the police station and should not be confused with the preliminary breath test (PBT) that may be used at the scene of a DWI/DUI stop. The PBT is not admissible as evidence in Court whereas, the results of the Intoxilyzer 5000 may be critical to a prosecutor's case.



The manufacturer of the "Intoxilyzer" is CMI, a Kentucky corporation. Though the Intoxilyzer has the potential to be accurate, it is not infallible. Breath testing in general is based upon the principle that there is a direct relationship between the amount of alcohol in a person's deep lung air to amount of alcohol in the person's blood in the aveolar tissue of the lungs. Breath testing equipment is calibrated based upon the assumption that the ratio of alcohol in the air to the alcohol in the blood is 1 to 2100.



THIS RATIO IS INACCURATE BASED ON INDIVIDUAL DIFFERENCES.



Research has clearly demonstrated that the ratio between breath and blood may vary between individuals. This is critical since a person with a ratio lower than 2100 to 1 will result in an inaccurate and high blood alcohol test result from a breath sample.



BREATHING TECHNIQUES MAY AFFECT TEST RESULT



Breathing techniques may also affect the Intoxilyzer 5000 reading. A longer breath sample - over ten seconds - may result in a higher BAC reading by more than 100% since the machinery is calibrated to test a 10 second sample. Additionally, a person who breaths shallow or holds their breath may accumulate residual mouth alcohol resulting in a higher reading than their true BAC. Hyperventilation may also impair the test. The affect of breathing techniques on Intoxilyzer results was confirmed in recent research conducted at the University of Washington Department of Medicine by by Dr. Michael Hlastala.



OUTSIDE RADIO SIGNALS MAY AFFECT DEVICE



Numerous reports and scientific articles have demonstrated that the Intoxilyzer 5000 becomes unstable if it is in proximity to any other devices emitting radio waves. A police officer's radio or proximity of the machinery to the airport may cast doubt on the accuracy of test results.



MOUTH ALCOHOL AND CONTAMINATION FROM OTHER SOURCES



Today's breath testing equipment relies on and infrared analysis of the breath sample to determine how much alcohol is present in a breath sample. A major flaw in the the instrument is its inability to differentiate between alcohol in a subject’s mouth and alcohol from the lungs (the deep lung air).. analysis is that many of these instruments are non-specific for alcohol. Residual mouth alcohol can be created by having foreign objects in the subjects mouth which retain alcohol, such as denture adhesives, chewing tobacco, gum and others.



MACHINES MAY DETECT OTHER CHEMICALS AS ALCOHOL



The Intoxilyzer machine has great difficulty detecting molecules which have a similar structure to ethyl alcohol. There are many molecules in the methyl group which includes ethyl alcohol. The Intoxilyzer bombards a breath sample with infrared light. The light absorption is then tested based upon the Baer-Lambert theory stating that organic substances absorb infrared energy at different wave lengths. The wave lengths tested by the Intoxilyzer 5000 are 3.39 and 3.48 microns. However, there are a number of other similar substances that also absorb infrared light at these wave lengths. Chemicals that are commonly used in wood working or construction may be inhaled, or even a strong presence of chemicals on a person's clothing may be read by an Intoxilyzer as alcohol.



PHYSICAL DISABILITY MAY AFFECT READING



Certain illnesses or disabilities may also create chemical reactions in the body which affect an Intoxilyzer reading. A person with heartburn, liver disease or diabetes may have chemical reactions in the body that the impairs a breath sample. . The same can be said of people with certain diets, or those on certain medications. Hyperventilation or sitting in certain positions may also cause sample error on a breath test. Further, the subject’s exposure to certain chemicals such as acetone may result in an inaccurate breath alcohol test result.



BREATH TEMPERATURE MAY AFFECT READING



the temperature a person's breath may have a critical impact on the accuracy of a breath test. The Intoxilyzer 5000 is calibrated to test breath at 34 C. This is the same temperature that is used for simulator solutions. However, breath samples provided may not always register at exactly 34 C. Even a slight difference may have a critical impact. may not always. A variation of only one degree may result in a BAC reading that is 7% higher.



HOW ARE RESULTS CHALLENGED



Intoxilyzer results are challenged by reviewing intoxilyzer maintenance records, police reports and subject test results. Often, these documents will clues will provide clues to inaccurate testing. Erroneous tests may be suppressed so that they cannot be used at trial and if suppressed, may render the prosecutor's case weak and impossible to win.



Maury D. Beaulier is a criminal defense and DWI attorney licensed in Minnesota and Wisconsin. He operates a website dedicated to Minnesota legal issues located at www.minnesotalawyers.com. Recognized as a leader in Minnesota law, Mr. Beaulier can be reached through his Ask-A-Lawyer page at www.ask-a-lawyer-online.com





Article Source: Articles Free Articles Submit Articles Directory Submission:

DWI and Vehicle Forfeiture

DWI and Vehicle Forfeiture
by MinnesotaLawyers.com

Another potential consequence to a DWI is the loss of your vehicle. The State may seek to retain the vehicle of a driver convicted of a DWI if:



The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or

The new DWI violation is the 2nd offense in 10 years and the driver's blood alcohol concentration was greater than .20;

The new violation occurs with a Blood Alcohol concentration of .20 or more and there is child endangerment (child in the vehicle at the time of offense);

The new DWI violation is the 2nd offense and there is child endangerment (child in the vehicle at the time of offense);

The New DWI occurs and the driver's license has been cancelled as inimical to public safety.

This is called a forfeiture action. In a forfeiture the state may retain the vehicle so long as any security interests against the vehicle are satisfied. No payment is made to the owner. In order to forfeit a vehicle the State must be able to demonstrate that the drunk driver is the registered owner of the vehicle or that the owner of the vehicle knew or should have known that the driver intended to use the vehicle unlawfully (while intoxicated or without a valid driver's license).



The defenses to a vehcile forfeiture action are numerous. However, the owner of the vehicle must challenge the forfeitiure within thirty (30) days of receiving a forfeiture notice. There is an innocent owner exception for some owners whose vehicle was being operated by a third party. Additionally, challenges to the stop and arrest may also be valid to challenge the vehicele forfeiture.



Given the short timelines, it is imperative that any vehicle owner contact an attorney experienced in such issues immediately. In many cases, a return of the vehicle with certain stipulations may be negotiated with the government body that is seeking to forfeit the car.



To challenge your Minnesota vehicle forfeiture call (612) 240-8005.



Maury D. Beaulier is a criminal defense and DWI attorney licensed in Minnesota and Wisconsin. He operates a website dedicated to Minnesota legal issues located at www.minnesotalawyers.com. Recognized as a leader in Minnesota law, Mr. Beaulier can be reached through his Ask-A-Lawyer page at www.ask-a-lawyer-online.com





Article Source: Articles Free Articles Submit Articles Directory Submission:

How a Social Security Attorney Can Help With Your Claim

By Matt Berry

Suffering from a disability is challenging enough without having to struggle through the complicated tangle of government legalese regarding Social Security disability benefits.



Among other conditions, if you suffer from bipolar disorder, breast cancer, congestive heart failure, colitis, Crohn's disease, COPD, depression, diabetes, heart disease, IBS, MS, Parkinson's or schizophrenia, you may be eligible to receive disability benefits.



Disability benefits are available to people who fall into three categories: disabled, insured workers under age 65, people who have been disabled since childhood and a disabled widow or widower age 50-60. People with financial need and children may also qualify for benefits.



If you believe you might be entitled to Social Security disability benefits, consider contacting a Social Security disability attorney who specializes in the field. An attorney's expertise in navigating the complications of Social Security disability benefits can go a long way towards making the process seem easier. People with attorneys win a lot more often than those that self-represent.



First Step:



The first step towards receiving Social Security disability benefits is establishing that you are, in fact, disabled. The Social Security Administration (SSA) calls their evaluation for disability the sequential evaluation process. Basically, this process entails the government considering the age, education, work history, severity of disability and functional capacity of the person requesting benefits.



They'll also contact doctors who have treated the applicant, and perhaps request a consultative exam, with the applicant's existing doctor or with another doctor. The general information will be verified by the local Social Security field office, and the evaluation of the disability is the responsibility of the state's Disability Determination Services (DDS).



Disability Application Determination:



Determination of whether the applicant has a disability is made by a disability examiner and a medical or psychological consultant. There are 4 potential outcomes: the examiner might ask for more evidence of the disability, the examiner might refer the applicant to vocational rehab, the applicant might be found not disabled, or the applicant might be determined to be disabled.



If benefits are denied, there are a series of appeal processes.



First Appeal:



If the state determines that the applicant does not have a disability, don't lose hope. This is where a lawyer specializing in disability law becomes even more important, as you'll have to dispute the determination. The Social Security Disability appeal process will be very similar to the first process, but with a different two-person team making the final determination of disability. If the appeal results in a non-disabled determination, further appeals are also possible.



Second Appeal:



The second appeal of a disability benefits case is heard by an administrative law judge at the Hearing Office of the SSA's Office of Disability Adjudication and Review. In this case, the administrative law judge usually conducts a hearing that allows the applicant's attorney to present a case. Generally, the applicant has more evidence of the disability to present at this point, from previous or new medical sources. It's important to work closely with your Social Security disability lawyer at this point.



Once it's determined that the applicant does have a disability, the Social Security Administration computes the benefit amount and begins making payments. The disabled person might be able to receive benefits as quickly as the first full month after they applied.



It is important to remember during the application process that the sooner a lawyer becomes involved the sooner the process can be affected. Good luck with your disability case!



About the Author: Matt Berry is a Social Security lawyer . As a Social Security attorney he works with various disabled people, including those with MS disabi



Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=285086&ca=Legal