We are looking for a qualified User Interface Designer to join our talented Interactive Creative Team. The UI/UX is responsible for the conception, design, and execution of innovative visual and experiential solutions. The UI/UX will apply knowledge of user-centered design methods, human computer interaction, and industry best practices to drive useful and usable interface design solutions.

Requirements/Qualifications

The User Interface Designer must have the following:

• Minimum 6-9 years UI/UX design experience, with agency experience a plus
• Bachelor’s degree from a four-year design oriented school or program or relevant experience
• Strong written and verbal communication skills
• Strong online portfolio of produced interactive work is a must including site flow and wireframe examples
• A sense of humor, we work hard but have fun doing it!

Skills

The User Interface Designer must exhibit the following:

• World-class conceptual design, collaborative, and organizational skills
• Exceptional interaction design and computing abilities
• Ability to design and create clickable prototypes
• Detailed documentation skills
• Ability to manage a team of UI/UX Designers, Visual Designers, Animators and Production
Artists while still doing hands-on work and juggling multiple projects
• Able to see creative projects through from concept to completion
• Strong client-facing skills

Areas of Knowledge

The User Interface Designer must have knowledge in/learn the following:

• Advanced/Expert knowledge of Visio, Omnigraffle, Fireworks or other UI/Protyping tool
• Advanced knowledge of HTML, CSS, and front-end development technologies and techniques (JavaScript, PHP,XML
• Understanding of motion design and the strengths and limitations of Flash, Ajax, Flex, and other emerging platforms
• After Effects and Video production/technology a plus
• Social space and awareness of online trends, popular and digital culture

Responsibilities/Tasks

The User Interface Designer is expected to:

• Demonstrate a clear understanding and influence of marketing strategies and concepts as they relate to the product and be able to create design solutions around them
• Visualize, design and conceptualize a user experience, including information architecture, functional design and task modeling
• Create detailed documentation including site maps and flows, wireframes and functional and/or presentation specs
• Assure all projects are completed with the highest level of aesthetics while maintaining maximized usability and functionality
• Manage multiple projects and deadlines and consistently deliver creative on target and on time
• Educate internal and external teams on design process, methods, concepts and interaction design directions
• Work closely with Copywriters, UI/UX Designers, Designers, Art/Creative Directors, Project Management and Developers as well as Traditional Creative Teams to execute on digital and cross-channel projects with excellence

Behavioral Characteristics

The User Interface Designer must demonstrate:

• A passion for the interactive space and a desire to execute world class creative
• Be self-motivated with a positive attitude and have strong communications skills
• The ability to adapt to change while still producing quality work
• The curiosity to remain knowledgeable, fresh and relevant in a constantly changing interactive environment

To apply please email your resume, salary history, and wireframes HR@DwiLawyers.com

WERE THE FIELD SOBRIETY TESTS COMPLETED INACCORDANCE WITH THE PROPER PROCCEEDURES AND FEDERAL GUIDELINES?
If the police personally observe you driving improperly or driving in such a manner that you are violating the rules or laws of the road in your state, they are permitted to stop your vehicle and perform a limited investigation. If the police smell alcohol on your breath or have other reason to believe you are operating your vehicle under the influence of alcohol or drugs, or driving while intoxicated, they have the right to ask you certain questions and ask to take certain physical tests. These test are known as “Field Sobriety Tests”. Typical tests involve walking a straight line heel-to-toe or touching your finger to the tip of your nose with your eyes closed.
Weather you perform the test satisfactorily or not, the police will ask you to submit to a scientific test that shows how much alcohol is in your body. This test measures the Blood Alcohol Content, otherwise known as BAC. Most states will offer you one of three choices—give a blood sample, give a urine sample, or take a Breathalyzer test. The Breathalyzer involves blowing into a breath testing machine that measures the percentage of alcohol in your breath (BAC).
The police are not allowed to force you to take these tests and the law provides that you can refuse. However, if you do refuse to perform the tests, the policemay be able to use your refusal as evidence against you in court. Also, in many states, refusal to submit to such tests will result in automatic suspension or revocation of your driver’s license.
There are two methods the police or prosecutor can use to convict you of DWI. First, the prosecutor can successfully convict you if your blood/breath alcohol concentration is .08 or greater. Additionally, the prosecutor can convict you if you have lost or compromised the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances. Therefore, even without the Breath Test sample, you may still be convicted based upon the officers’ testimony or the testimony of other witnesses.
When the police stop you, they are not required to read you or inform you of your Miranda rights (the right to remain silent). While the officer is observing you and your conduct, he is looking for hints or clues of intoxication, smelling for alcohol or narcotics, and listening to the way you answer his questions. If he feels you may be driving under the influence of alcohol or drugs, he will order you out of your vehicle and ask you to perform certain test. While the law requires you to take a breathalyzer test, you are not required to perform the other roadside performance tests.
Nationally, one of the most widely used field “tests” is reciting the alphabet. The Police will instruct you to say the alphabet, “Not sing the alphabet”. However, since we as a country learn the ABC’s by singing it, many people cannot accurately recite the ABC’s without putting it to the same tune we learned it in. Therefore, this test is challengeable and is not an accurate reflection of your ability to operate a vehicle or a determinative method of proving your BAC,

Another popular test the police use is called the “Head Tilt Test.” For this test, the police must properly advise you to hold your head back with your eyes closed, place both arms stretched out and touch your nose with your forefinger. The officer should then proceed to demonstrate the test to you so that you understand what is expected of you. Occasionally, the officer may also ask you to bend over at the waist and have your arms hang in front of you. This is not a good predictor of your ability to operate a vehicle or a good predictor of your BAC. If you have back problems, injured your leg or foot, are older, are overweight, have balancing or vertigo problems, stressed, weaving long heals, or even normal, unless you walk everyday with your head back and your eyes closed, you are not likely to do well on these tests. These tests are designed to induce you to sway, and consequently, fail the test. These tests induce you to sway. That is exactly what they are designed to do.
Counting on your fingers in a complicated pattern is another popular test the police use. It is interesting to note that the police sometimes have difficultly demonstrating the test.
According the National Highway Traffic Safety Administration (NHTSA), three common police tests can be used to determine if a person’s BAC (breath/blood alcohol content) is more than 0.10%, and therefore to impaired to operate a vehicle.
These are the tests that the Police use in addition to the alphabet test:
1. Typically, the first tests the police use is called the One Leg Stand. Provided that the police properly instructed you on how to do the test and demonstrated the test to you, the One Leg Stand has a 65% reliability of predicting if a person’s BAC is 0.10% or greater. However, all of the proper instructions must be given to you for the test to be reliable. You must be advised of the following statement, and the officer must demonstrate as he is instructing you:
1. Stand with your feet together and your arms at your side.
2. Keep that position until you are told to begin.
3. The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
4. When told to start, raise either leg approximately 6 inches off the ground with your foot pointed out.
5. Keep both legs straight, arms at side.
6. Count 1,001, 1,002 etc. until told to stop.
7. Keep your arms at side and keep watching raised foot.
8. The officer must again ask if you understand the instructions and receive an acknowledgement from you that you do.
9. The officer will then start the test.
10. The test can last no more than 30 seconds of actual time.
There are four scoring factors for the one leg stand test:
1. Sways while balancing.
2. Arms for balance.
3. Hopping.
4. Puts foot down.
If you put your foot down three or more times, you are considered to have reached a “decision point” on the testing.

If you stop at any point during the testing, you should be given the opportunity to resume the testing.
2. THE WALK AND TURN TEST
The next standardized test is the Walk and Turn Test. According to the NHTB, the walk and turn has a 68% reliability of predicting that a person’s BAC is 0.10% or greater provided That you were properly instructed,. All of the proper instructions must be given to you for the test to be reliable. You must be told the following, and the officer must physically demonstrate the test as he is instructing you:
1. Place your left foot on the line.
2. Place your right foot on the line ahead of your left foot, with the heel of your right foot against toe of your left foot.
3. Keep your arms to your side.
4. Keep this position until you are told to begin.
5. The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
6. When told to start, take 9 heel-to-toe steps, turn, and take 9 heel-to-toe steps back.
7. When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot.
8. While walking, keep arms at side, watch feet at all times, and count steps out loud.
9. Once you start, don’t stop until test is completed.
10. The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
11. Begin the test and count first step from the heel-to-toe as “one”.
The police use eight (8) scoring factors to determine your ability to complete the Walk and Turn test:
1. Cannot keep balance while listening to instructions.
2. Starting before instructions are finished.
3. Stopping while walking.
4. Did not touch heel-to-toe (more than 1/2 inch on any step).
5. Stepped off line.
6. Used arms for balance.
7. Improper turn.
8. Incorrect number of steps.
3. The third standardized test is called the Horizontal Gaze Nystagmus (HGN) Test and is not submissible as reliable evidence in every jurisdiction. Proving that you were properly instructed, the Horizontal Gaze Nystagmus has a 77% reliability of predicting that a person’s BAC is 0.10% or greater.
In order to complete this tests successfully, the police must you must advise you of the following:
1. I am going to check your eyes.
2. Keep your head still and follow this stimulus with your eyes only.
3. Keep following the stimulus with your eyes until I tell you to stop.
The police use six (6) scoring factors for the HGN test. One for each eye:
1. The Lack of Smooth Pursuit – The eyes “bounce” as they follow a smoothly moving stimulus.
2. Distinct Nystagmus at Maximum Deviation – Distinct Nystagmus is evident when the eye is held at maximum deviation for a minimum of four seconds.
3. Onset of Nystagmus Prior to 45 Degrees – They are looking for the point at which the eye is first seen jerking.
Field Sobriety Tests are not a reliable indicator of intoxication, nor do they have any real scientific validity. There are many factors can influence the outcome of Field Sobriety Test. You must look at the suspects Age, weight, mental and physical challenges, uneven pavement, dangerous conditions, tiredness, confusion, ability to understand English, and the like can make the tests unreliable. In all honesty, Don’t you think that an 18 year old can perform the test better than a 60 year old? Don’t you think that a heavy or unfit person will not be able to perform as well as a fit person? What about a sick person? How about a person who takes prescription Medications? How about someone with back problems. They cannot lift their leg and tilt their head back completely sober? Doesn’t a cold affect your balance? Was it hot and sunny out that you were heat exhausted? Perhaps it was so cold out that the person was shaking from freezing. Was the person wearing shoes or high heels? Were they barefoot on a road with pointy rocks or perhaps even hot pavement that no one could possibly stand on? What about wearing glasses or not? It may even be something as simple as nervousness that could influence your ability to perform the Field Sobriety Tests under pressure.
Additionally, the testing should be done on a well-lighted, dry, flat, hard, non-slippery surface with sufficient room to perform the tests. Often, the side of the road is sloped for water run-off or may be uneven for many reasons or may have broken pavement. This would affect the outcome of the tests.

Many attorneys do not know how to challenge a DUI or DWI charge. Only a DUI lawyer or DUI attorney can effectively represent you if you are charged with a DUI or DWI. If you or someone you know has been charged with a DWI or DUI offense, you need an experienced lawyer who focuses his or her practice to defending those accused of DWI or DUI related charges to help you.

The Sixth Amendment to The United States Constitution guarantees all criminal defendants the right to a speedy and fair trial. In an effort to codify these constitutional protections, Congress enacted the Speedy Trial Act, 18 U.S.C. § 3161 (2006). The Speedy Trial Act requires that the trial of a defendant, who has been indicted or charged in an information and has plead not guilty, begin within seventy days. § 3161(c)(1). The Speedy Trial clock begins ticking when the filing date of the information or indictment is made public, or from the date, in which the defendant appears before a judicial officer, whichever date occurs last. § 3161(c)(1).

The Speedy Trial Act allows for exclusions of time from the
seventy day rule under various circumstances. For example, any
delay resulting from the transportation of a defendant to and
from places of examination or hospitalization shall be excluded,
with the exception of “any time consumed in excess of ten days
from the date an order of removal or an order directing such
transportation, and the defendant’s arrival at the destination
shall be presumed to be unreasonable.” 18 U.S.C § 3161(h)(1)(F)
(2006 & Supp. 2009).

As of today, there is a split among federal circuits
regarding whether unreasonable delay in transporting a criminal
defendant for a competency determination is excludable when
determining if there has been a violation of the Speedy Trial
Act. The First, Fifth, Sixth, and Seventh Circuits have found
that an unreasonable delay in transportation, past ten days, are
non-excludable from the seventy day time limit. See U.S. v.
Noone, 913 F.2d 20, 25-26 (1st Cir. 1990); U.S. v. Castle, 906
F.2d 134, 137 (5th Cir. 1990); U.S. v. Tinklenberg, 579 F.3d
589, 596 (6th Cir. 2009); U.S. v. Garret, 45 F.3d 1135, 1139
(7th Cir. 1995). The Second Circuit has ruled that any delay
associated with transporting a defendant to and from a
competency testing is excludable. See U.S. v. Vasquez, 918 F.2d
329, 333 (2d Cir. 1990)(holding that ten month delay between
motion for psychiatric exam and receipt of competency report by
court is excludable). An unreasonable delay in transportation of
a defendant to a competency hearing should be non-excludable
when determining if there has been a violation of the Speedy
Trial Act. Federal circuits should adopt the reasonableness
standard applied in Tinklenberg, 579 F.3d at 596.

Ultimately, the federal circuits should universally adopt the Tinklenberg approach because it creates harmony within § 3161 and does not violate a defendant’s constitutional right to a speedy trial.

By adopting the Tinklenberg approach and not excluding
unreasonable delays in transportation, courts will effectively
create harmony within the § 3161. If a court adopted the Second
Circuit approach in Vasquez, which allows for an unlimited
amount of time to transport a defendant to competency hearings,
then an “internal conflict in the statute would arise.”
Tinklenberg, 579 F.3d at 596. An internal conflict would arise
because § 3161(h)(1)(F) expressly limits the transportation time
of a defendant to ten days. Conversely, § 3161(h)(1)(A)
expressly states that any delay resulting from any proceeding,
including any examinations, to determine the mental competency
or physical capacity of the defendant shall be excluded when
computing the time limit required by the statute. The only way
to avoid such a direct conflict would be to read § 3161(h)(1)(F)
as an exception to § 3161(h)(1)(A). Tinklenberg, 579 F.3d at
596. Therefore, all delays caused by proceedings to determine a
defendants competency shall be excluded, except for the time
spent transporting the defendant, which is “presumptively
unreasonable if longer than ten days.” Id.

Proponents of the Second Circuit approach argue that §3161(h) (1)(F) pertains to instances when a defendant may need to be transported to a hospital for testing. Tinklenberg, 579 F.3d
at 602. However, as the majority argues in Tinklenberg, it is a stretch to exclude competency testing from “places of examination” because such testing is the most basic type of pretrial testing for defendants. Id. at 597 n. 3.

By adopting the Tinklenberg approach and not excluding
unreasonable delays in transportation, defendants will receive
as speedy of a trial as possible, preserving their
constitutional rights. When § 3161(h)(1)(F) is strictly
interpreted any transportation time exceeding ten days is
unreasonable and therefore, non-excludable. The very essence of
the statute is being upheld. The Speedy Trial Act was created to
ensure that a defendant’s constitutional right to a speedy trial
was not violated. By allowing for an unlimited time of delay in
transportation, it is quite conceivable that such a
constitutional violation will occur. In essence the government
would not be held accountable to a speedy process and defendants
could be held indefinitely, all under the umbrella excuse of
transportation delay and budgetary constraints.

However, the ten day limit in transportation is a rebuttable presumption if any transportation time exceeding ten days can be justified. If the government can prove that some “extraordinary event occurred in the case to make compliance with the directions of Congress unfeasible” then delays may be excluded from the seventy day period. Castle, 906 at 138. Extraordinary circumstances could be such occurrences as natural disasters or terrorist attacks that directly impact the transportation of a defendant.

A rebuttable presumption approach is a compromise between
the Second Circuits approach and that of the Sixth Circuit in
Tinklenberg. A strict statutory interpretation is applied
affording defendants their constitutional rights to a speedy
trial, while also not holding the government strictly liable for
unforeseen or extraordinary circumstances beyond human control
during the transportation process.

In conclusion an unjustifiable and unreasonable delay in
transporting a criminal defendant for a competency
determination, past the ten day statutory limit, should not be
excluded when determining if there has been a violation of the
Speedy Trial Act.

Individual States, along with the United States Supreme Court, have made laws and Judicial findings which allow the police to stop a motor vehicle for DWI for DUI offenses. Police officers are allowed to pull a vehicle over based on a “reasonable articulable suspicion” that you are committing a crime, committing an infraction or driving under the influence of alcohol or drugs. The police can even stop your vehicle and ask you questions without first having advised you of your constitutional rights, your right to remain silent, or the right to an attorney. This is called an investigative detention. As a driver, you have the right to refuse to answer any questions. However, the likelihood is that if you refuse to speak with the police, you will be arrested. One the other hand, if you answer the officers questions and incriminate yourself, the more likely you will be arrested. Welcome to DWILawyers.com
During the vehicle stop, (the “investigative detention’), the officer is looking; observing, listening and using his sense of smell to determine if you have consumed any alcohol. The officer is also evaluating your dexterity, sense of balance and the sound of your speech, and if you are slurring your words as you speak. Other factors such as your ability to remain focused during the conversation and your ability to respond without repetition and confusion is also important. If the police officer asks if you consumed a drink containing alcohol, it is likely that the police officer will ask you to exit your vehicle and perform several “sobriety tests” to determine if you are indeed operating a vehicle under the influence of alcohol or drugs.
At this point, the police are attempting to turn the investigative detention into ‘probable cause” to arrest you. Depending on which state you are being stopped in, the officer will ask you to perform several of the following field sobriety tests; an eye test called the Horizontal Gaze Nystagmus test, the Walk And Turn Test and the One Leg Stand Test. The officer will first give you exact instructions on what to do for the test, and then possibly demonstrate how the test should be done. Then, he will ask you to perform the same tests. The offer does this in order to determine if alcohol has affected your ability to listen to instructions and then perform the tests according to those instructions.
Whether you are intoxicated or not, these tests are specifically designed for you to fail. If, for some circumstance you find yourself doing these tests on the side of the road, prepare yourself to be arrested.

DUI DEFENSE: FIELD SOBRIETY CHECKPOINTS AND DUI ROADBLOCK STOPS IN THE UNITED STATES
If you have been arrested for Either “DWI” Driving While Intoxicated or “DUI” Driving Under the Influence, after being stopped at a sobriety checkpoint, it is important that you consult an experienced DUI attorney immediately. Calling an experienced DUI lawyer should be your priority and the first phone call you make. Your future now depends on your DUI Attorneys ability to defend the charges against you.
One of the first things your attorney will do is investigate the area and terrain that the police directed you to perform the Field Sobriety Tests. First understand that the Field Sobriety Tests are specifically designed for you to fail. Most American adults cannot perform the DUI tests even completely sober. If the surface was uneven, slippery, wet, lose dirt that would impair a woman’s shoe heal, or a rocky surface, there are many reasons why you may fail a DUI sobriety test for a legitimate reason. Our DUI Attorneys and DUI Lawyers can properly advise you on the best and leading criminal defense strategies to any case involving a DUI investigation which arises from a Sobriety Checkpoint.
Working with an experienced DUI attorney or DWI Attorney who is specifically experienced with DUI roadblocks and DUI checkpoints is a critical component to your defense. An experienced DUI attorney may be able to build a successful defense for you in proving that the checkpoint you were stopped at may have been set up in violation of certain laws. For example, the DUI or DWI Checkpoint may have violated the balance between an individual’s Fourth Amendment rights and the communities need for a checkpoint. With the correct evidence in your favor, your DWI attorney may be able to prove that you were improperly stopped, or unfairly subjected to unnecessary testing.
DUI Sobriety checkpoints, or DUI roadblocks, are established as a means to cut down on the number of drunk drivers. Whether you are stopped in California, New York, Texas, Florida, Connecticut, Massachusetts, or any other state, the implementation of these checkpoints has been controversial due to their possible infringement upon fourth amendment rights as outlined in the U.S. Constitution. However, in 1990, the Supreme Court ruled that sobriety checkpoints were constitutional when the intrusion on the individual’s rights is rightly weighed with the effectiveness of the roadblock.
Police officers may set up a roadblock and stop drivers as a means of a sobriety checkpoint, as long as certain factors are met, and ultimately proved by the prosecution in a DUI or DWI case:
• The Public must be given prior notice of the checkpoint.
• In many states, there must be a turnout option prior to the DUI checkpoint so that people who do not want to proceed through the Motor Vehicle stop have the option to turn around. These people cannot be pulled over based solely on their decision to not to proceed through the checkpoint.
• There must be a random, impartial formula for stopping cars (such as every other car or every 5th car)
• Safety conditions must be monitored at the checkpoint
• The length and nature of the drivers detention must not be obtrusive
• The DUI Checkpoints location, duration and time of day must be reasonable.
Police officers are trained to look for certain signs of driving under the influence of alcohol or driving under the influence of drugs at the DUI checkpoint. Any one of these can give the police officer cause to subject you to field sobriety tests: These are some of the things that the officer is looking for:
• Do you have Slurred speech
• Your ability to recall where you came from
• Your ability to remember where you are going
• Do you Bloodshot eyes
• Do you have poor hand-eye coordination
• Do you have the inability to follow directions
• Do you possess open containers of alcohol in the vehicle
• Is there an odor of alcohol on the driver’s breath
• Are there any visible signs of other intoxication
• Are there any visible signs of drug use

10 MISTAKES SUSPECTS OR DEFENDANTS MAKE AFTER BEING ARRESTED

First Mistake: NOT TAKING THE DUI CHARGE SERIOUSLY. If you are found guilty, you will lose your license to drive and you could lose your vehicle too. To make matters worse, you could be fired from your job, or not be employable for many other positions. If you work for a company with fleet vehicles, their own insurance policy may prevent you from being hired. Moreover, you may have a criminal record based upon the mere fact that you were arrested for the offense. Your name will most likely be published and anyone conducting a simple Google search for the next 50 years will certainly find out what happened to you.

Getting arrested is very serious. Perhaps you do not need to drive, but do you need a criminal record?

Your credit score could be affected as well as your ability to receive government backed loans, financial aid or government subsidized housing. I have seen it come up on mortgage applications, life insurance policies as well as establishing a basis to deny health insurance. In addition, you also face the possibility of going to jail, even for a first offense. Plus, if you were operating someone else’s car and they knew you were to drunk or under the influence to drive, they too may be charged and face the same consequences as you do.

Be smart and make an intelligent decision. Hire a skilled attorney to defend you and protect your rights.

Second Mistake: CHOOSING AN ATTORNEY BASED ON PRICE

This mistake is so common it truly defies logic. Your goal is to get the best representation for your DUI Charge that you can get. A true DUI Lawyer is your priority. It should come before sports, playing, and everything else other than food. A DUI Conviction can cost you tremendous hardships for the rest of your life.

It is true that you could probably find an attorney to represent you on a DUI Arrest or DUI charge for $1,000. But if the attorney is just going to have you plead guilty withoutunderstanding your case, I assure you that this attorney will cost you substantially more than his fee. Consider all the fines and other financial loses you will face and you will understand.

A DUI Attorney or DUI Lawyer is a specialist at understanding and challenging the DUI and DWI laws. This is what they do every day. A DUI or DWI is a very serious charge. It is very technical and requires even a police officer to exercise a certain level of skill to conduct all the procedures properly in order to seal a conviction. The opportunities for the police to make a mistake or deviate from acceptable practices and standards is immense. Speak to an attorney who handles DUI and DWI matters. A general practitioner may have no idea on recent DUI laws or pending legislation that may affect your rights. Hire the attorney that will defend you and do the right job for you. Spending a little more now may save you much more in the end.

Third Mistake: UNDER-ESTIMATE THE SIZE AND RESOURCES OF THE STATE

Have no doubt; if you have been arrested and charged with a DUI or DWI, you will be prosecuted to the full extent of the law. If you are a defendant, than understand that the State has only one goal. That goal is clear and concise, get a conviction. The prosecutor is a professional attorney that has experience and substantial practice on securing convictions of Defendants like you. To make matters worse, the prosecutor has an endless supply of resources and money to aid the State in achieving a guilty verdict.

The prosecutor has police, detectives, toxicologists, lab technicians, and a host of other professionals that will testify against you. Your defense is contingent on your ability to secure an attorney who can skillfully maneuver and cause reasonable doubt in the States case. Never underestimate the size and strength of the prosecution. Hire only a DUI attorney or DUI lawyer who understands the DUI laws.

Fourth Mistake: KEEP TALKING TO THE POLICE
Police generally read the Miranda rights to criminal and DUI defendants who are about to be questioned. While some states vary in the exact wording, they must clearly state the following information; “You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning.”
The Miranda rule became law to protect the suspects or individual’s Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.
If a defendant in indicates or invokes in any manner a desire to consult with an attorney before speaking. The police must stop questioning the suspect. Thereafter, if the police continue to question the suspect, statements by the suspect are generally inadmissible at trial. This means that what the suspect said cannot be used against himself or herself at trail. For example, the police usually ask Where were you drinking? Or How many beers did you have? What kind of alcohol do you drink? Who were you drinking with? If you answer any of these, they can and will be used against you in a court of law.
On the other hand, if you invoke your Miranda rights to remain silent or have an attorney present before questioning, and you voluntarily start asking questions or speaking to the police, than you give up your constitutional rights and everything you say can and will be used against you. However, you can at any time re-invoke or reestablish your rights be clearly stating to the police that you choose to remain silent or have an attorney present during questioning.
It is important to note that Miranda rights do not go into effect until after an arrest is made. The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time. The answers to these questions are admissible in court.

If the suspect is placed under arrest and not read Miranda rights, spontaneous or voluntary statements may be used against you in a court of law. For example, if the suspect starts using excuses justifying why he or she committed a crime these statements can be used at trial.

Important: You have the right to remain silent, but only if you tell the police that you’re remaining silent.
You have a right to a lawyer — before, during and after questioning, even though the police don’t have to tell you exactly when the lawyer can be with you. If you can’t afford a lawyer, one will be provided to you. Do you understand these rights as they have been read to you
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?”

Law enforcement can only ask for specific information such as name, date of birth and address without having to read the suspects their Miranda warnings. Confessions and other information that you provide them will not make up admissible evidence unless you have been made aware of and waived your “Miranda rights”.
The fifth amendment prevents individuals from being deprived of life, liberty, or property without “due process of law.” Accordingly, the Bill of Rights specifically states

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Moreover, the Fifth Amendment provides that “The Fifth Amendment protects witnesses from being forced to incriminate themselves. To “Plead the Fifth Amendment” is essentially a suspects right to refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct”.
The new law on the Right to Remain Silent is ….All the criminal suspect needs to say is he or she is remaining silent. “Had [the defendant] made either of these simple, unambiguous statements, he would have invoked his ‘right to cut off questioning.’ Here he did neither, so he did not invoke his right to remain silent.” Because of this recent change in the laws, suspects or defendants who choose to remain silent must now “break their silence and tell police they are going to remain quiet if they want to invoke their “right to remain silent” and stop an interrogation, just as they must tell police that they want a lawyer.”

Fifth Mistake: FORGET TO APPEAR IN COURT ON TIME COURT OR OTHERWISE SIMPLY FAIL TO APPEAR IN COURT AT ALL.

If you fail to appear for a DUI court date, the court will issue a bench warrant for you arrest. While that alone may not get you immediately arrested, understand that the police who originally arrested you are sitting in Court and know you chose not to show up. The most likely result, those officers are going to find you and arrest you again. Perhaps this time at home in front of your family, or at your place of employment. In ether event, it is embarrassing and everyone will know what happened.

To compound the issue, if you fail to appear in court for a regularly scheduled hearing date, you may forfeityour bail. That is, if you posted bail to get released from jail after being arrested, your bail is now property of the state and you lost your rights to it. If you reappear in court, you may be required to pay the bail amount again or pay a higher amount since the previous amount set to secure your appearance was clearly not sufficient to secure your return.

If you posted bail using a bail bondsman and you missed your court date, the bondman will actively and relentlessly pursue you for an arrest. Additionally, they will immediately start contacting all the people you listed as references in order to locate you and arrest you. Bail Bondsmen are not police. They need not abide by the laws that limit the police and their conduct. If you ever saw an angry bondsman on TV, they have the potential to be a lot worse when you cause them to lose money because you failed to show up for court. Certainly, if you miss a Court date, you need the advice and assistance of an attorney to help you.

Sixth Mistake: JUST PLEAD GUILTY AND HOPE FOR THE BEST.

If you simply appear in court and pled guilty, you give up all your rights to challenge any issues that could potentially exonerate you. Many times issues exist that cause the breathalyzer machines not to work properly. In addition, if you were chewing gum or ingested a mint just prior to taking the breath alcohol test, you may show as being intoxicated when in fact you are not.

There are also many improper reasons why the police may have stopped your vehicle. Perhaps it is because of your race, color or sexual origin. The police are constantly found to have violated civilian’s rights for their own biased reasons. DO not just simply pled guilty, review the entire discovery in your case, discuss the options and possible challenges with a qualified attorney, and make educateddecisions about your case.

Seventh Mistake: YOU BELIEVE THAT SINCE YOU HAVE AN OUT OF STATE LICENSE, YOU ARE SAFE.

This is simply not true. First, almost every state is a member of the Non-Resident Violator Compact Agreement. Basically, it says that if you lose your license in one state, you will lose it in the other. This is now true of many international courts as well. A DUI conviction overseas in a foreign court may affect your license status here in the US.

At this time, every state is a member of either theInterstate Licensing Compact Agreement, DLC or the NRVC. As a result, each state accept motor vehicle and criminal reports from other states. You state may chose not reciprocate and may reserve the right to decline to impose punishment set forth by another court in a separate jurisdiction. This means that if you receive a summons, ticket or other charge for an offense that is punishable by a driver’s license suspension or revocation, your state may receive that report and act on it. But while not every state is a member state, they are not bound to impose a suspension or revocation per the terms of any compact which they are not a party too. However, those states typically assess derogatory points for out of state motor vehicle convictions.

It is a genuine mistake to assume that because your home state is not a member of one of these compacts that they simply ignore information relayed to you by other states. While your state may not be required to take any action, many states do reciprocate penalties and suspensions.

Eighth Mistake: DRIVING WHILE YOUR LICENSE IS SUSPENDED FOR A DUI
A DUI charge is bad enough. Your license may be suspended, you may be required to do jail time, community service, and pay substantial fines. If you are caught driving while your license is suspended as a result of a DUI or DWI, you seriously compound the problem several ways.
Whether you are ultimately found guilty or not guilty for Driving Under the Influence or Driving While Intoxicated, most states laws do not allow you to continue to drive without a Division of Motor Vehicle hearing first. If you are caught driving before that hearing, you will face mandatory penalties. These penalties may include Mandatory Jail Time, substantial fees, lose of you license for an indefinite period of time, and substantial fines and fees.
Ninth Mistake: REPRESENT YOURSELF IN COURT
Do you really know the DUI and DWI laws?
Did you learn the law from watching it on TV?
Do you know and understand the serious penalties you are facing?
Do you know the correct procedures to challenge the States’ evidence?
Do you know how and when to file and argue specific court motion?
Do you understand the alternative to mandatory Jail requirements?
A charge of Driving While Intoxicated or Driving Under the influence is a very serious charge. The laws are different in every state. The fines, procedures and penalties also vary between different states.
Just not every lawyer or attorney is knowledgeable to represent a criminal defendant, neither are you. DUI Laws and DWI Laws are complicated. The challenges to proper blood alcohol testing devices takegreat skill and understanding as to exact procedures and chemical analysis. Lawyers study this for years. Then there arethe constitutional arguments. Do you know them all? Lawyers spend years in law school and still some attorneys do not know them all. This is why Lawyers and Attorneys attend Continuing Legal Education Classes. These classes are designed to keep the lawyers and attorneys on top of the new laws and procedures of DUI defense and DWI Defense. Unless you have the same education, you need to speak with a qualified attorney before you make any decision about how you will be properly represented.
Tenth Mistake: TAKING ADVICE FROM A PERSON WHO IS NOT A LAWYER, OR NOT AN ATTORNEY TRAINED IN DUI DEFENSE OR DWI DEFENSE.
I must know a thousand people who think they are lawyers. They always seem to know the answers. However, If they are an attorney who specializes in criminal defense or DUI defense, their advice may be more damaging than your DUI charge. “Jailhouse lawyers” never give the correct advice in a DUI case. If they knew so much law, they wouldn’t be advising you from behind bars.
Your family and friends are no different. First, you risk turning your friends in to witnesses who may be called to testify against you at trial. Remember, that every time to tell your situation to a non-attorney, that information is legally unprivileged and is subject to the subpoena power of the state. Do yourself a favor and only discuss the matter with a qualified DUI Lawyer or DUI attorney.
Additionally, the people you speak to may not understand that each case has its own very specific facts and circumstances. Not all cases are exactly alike and not all cases fit the same mold. Each case must be studied and evaluated on its own merits in order to formulate a proper defense.
Lastly, recognize that when you are advised that “Anything you say may be used against you in a Court of law,” that anything you say to anyone besides your attorney can be used against you. Be careful who you take advice from. The law is constantly changing and new cases change the way and method laws are applied to specific situations. If you find yourself speaking to a non-lawyer about your case, you are truly making a mistake.