joe_schmoe All American 18758 Posts user info edit post |
a friend of the family got a DUI while visiting my brother when she was in Raleigh a while back. It caught up to her and now she needs to deal with it. it wasnt anything extraordinary; but she blew a few points over the legal limit.
(i think it was like a .11 or .12 -- apparently the case has been "dropped with leave", meaning she cant get her license reinstated until its resolved)
does anyone know a *really good* DUI lawyer who can work with an out of state client to get it resolved?
[Edited on March 14, 2006 at 3:25 AM. Reason : details] 3/14/2006 3:22:11 AM |
NCSUkitten04 Starting Lineup 97 Posts user info edit post |
it won't be reinstated unless she pleads guilty 3/14/2006 7:06:14 AM |
occamsrezr All American 6985 Posts user info edit post |
How does something like a DUI just "catch up with you?" 3/14/2006 7:09:35 AM |
crazywill722 All American 9019 Posts user info edit post |
Rick Gammon 3/14/2006 7:27:29 AM |
omghax All American 2777 Posts user info edit post |
Quote : | "How does something like a DUI just "catch up with you?"" |
3/14/2006 9:22:19 AM |
Lowjack All American 10491 Posts user info edit post |
im glad the bitch is off the road 3/14/2006 9:23:38 AM |
OmarBadu zidik 25071 Posts user info edit post |
russell dement - the rest are jokes 3/14/2006 9:24:37 AM |
sober46an3 All American 47925 Posts user info edit post |
Quote : | "it wasnt anything extraordinary" |
yes it was...it was a DUI.3/14/2006 9:55:04 AM |
ncWOLFsu Gottfather FTL 12586 Posts user info edit post |
Daniel Kaffee 3/14/2006 12:44:04 PM |
ComputerGuy (IN)Sensitive 5052 Posts user info edit post |
Hart Miles 919-834-8650
Got me out of my 77 in a 60 work zone BS 3/14/2006 12:44:47 PM |
john kruk All American 5325 Posts user info edit post |
.11 BAC isn't shit
that's about 4 beers 3/14/2006 12:53:53 PM |
DiscGolfer All American 2710 Posts user info edit post |
^x5 I'm pretty sure Russell Dement retired, but his son Rusty is practicing but he is a DICK and a big douche so I wouldn't mess with him.
I used Bill Young, who took care of mine with no problem 3/14/2006 1:00:14 PM |
ncWOLFsu Gottfather FTL 12586 Posts user info edit post |
i'm tellin you he's the way to go. most of his cases never even see the inside of a courtroom. he's that good. he's a Lieutenant too.3/14/2006 1:20:11 PM |
LivinProof78 All American 49373 Posts user info edit post |
Quote : | "it wasnt anything extraordinary; but she blew a few points over the legal limit.
(i think it was like a .11 or .12 " |
the DUI-land that's a pretty big deal...
trust me...I know....3/14/2006 1:23:27 PM |
rogueleader All American 12297 Posts user info edit post |
.11 or .12 isn't even aggravating. really no worse than a .09. Still fucked up but that alone shouldn't knock you down to schedule IV sentencing from schedule V (lower # = harsher sentence).
my guess is said person didn't go to court, got "called and failed" and is now proper fucked.
lawyer's probably not going to help but you'd best get one just in case. Gammon is the best in town but he's not cheap. 3/14/2006 7:04:49 PM |
Sputter All American 4550 Posts user info edit post |
http://www.lawyers.com/manning&crouch/jsp2267777.jsp
I hear that this guy is the best there is in Raleigh. I know several bars who use this guy to get their waitresses, etc. out of trouble. You know how those people like to party. 3/14/2006 7:12:27 PM |
mtfrazi2 All American 2395 Posts user info edit post |
Quote : | "im glad the bitch is off the road" |
3/14/2006 8:22:02 PM |
occamsrezr All American 6985 Posts user info edit post |
I just don't understand how someone can be like
"Well, my friend got a DUI, it's not a big deal, but her license got taken away."
I mean, wtf, if your license got taken away, you done fucked up. 3/14/2006 8:23:51 PM |
lavalamplad All American 1992 Posts user info edit post |
here's a good strategy for DUI lawyers
Quote : | "
DUI Defense Lawyers Challenge Breath Test
By CURT ANDERSON Associated Press Writer
MIAMI (AP) -- Timothy Muldowny's lawyers decided on an unconventional approach to fight his drunken driving case: They sought computer programming information for the Intoxilyzer alcohol breath analysis machine to see whether his test was accurate.
Their strategy paid off.
The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret. A county judge tossed out Muldowny's alcohol breath test - a crucial piece of evidence in a DUI case - and the ruling was upheld by an appeals court in 2004.
Since then, DUI suspects in Florida, New York, Nebraska and elsewhere have mounted similar challenges. Many have won or have had their DUI charges reduced to lesser offenses. The strategy could affect thousands of the roughly 1.5 million DUI arrests made each year in the United States, defense lawyers say. "Any piece of equipment that is used to test something in the criminal justice system, the defense attorney has the ability to know how the thing works and subject its fundamental capabilities to review," said Flem Whited III, a Daytona Beach attorney with expertise on DUI defense.
The Intoxilyzer, manufactured by CMI Inc. of Owensboro, Ky., is the most widely used alcohol breath testing machine in the United States and is involved in the vast majority of these legal challenges. It is used exclusively by law enforcement agencies in 20 states, including Florida, and by at least some police agencies in 20 other states, according to the company.
Most states have "implied consent" laws for motorists requiring DUI suspects to blow into a breath analysis machine if asked to do so by a police officer.
"The breath test is an integral part of any prosecution," said Earl Varn, an assistant state attorney in Sarasota.
In Florida, state law currently considers a breath test valid if the machine is approved by the Florida Department of Law Enforcement and the person administering the test is qualified. The law also says that a defendant is entitled to "full information concerning the test taken" if such a request is made.
The meaning of that phrase is the key to the DUI challenges in Florida and other states with similar laws.
DUI defense lawyers insist that "full information" means every minute detail about the Intoxilyzer, including the source code used by its computer processor to analyze breath samples, should be subjected to review by expert defense witnesses. Some judges have agreed.
"It seems to us that one should not have privileges and freedom jeopardized by the results of a mystical machine that is immune from discovery," Florida's 5th District Court of Appeal ruled in Muldowny's case, which resulted in his charges being reduced to reckless driving.
Judges in the Florida counties of Manatee, Sarasota, Seminole and Volusia counties are among those who have ruled in recent months that the defense was entitled to the Intoxilyzer's source code to see if the test results are reliable.
There also have been successful legal challenges involving the source code of other machines, including a 2005 case in Bellevue, Wash., in which a defense lawyer obtained the code of the BAC Datamaster testing machine, sold by National Patent Analytical Systems Inc.
But many judges in Florida have ruled the opposite way on the Intoxilyzer, including a panel in Palm Beach County that recently denied challenges by 1,500 DUI defendants who sought the source code under state public records laws.
The tactic has led lawmakers to introduce a measure in the Florida Legislature to clarify that such source codes don't have to be produced for DUI defendants.
Last November, a similar challenge in Omaha, Neb., was rejected on grounds that Nebraska did not have the source code. In Rochester, N.Y., a DUI suspect whose lawyer was seeking the source code was convicted of a lesser charge when the technician who maintained the machine was unavailable to testify.
Because CMI has refused to divulge its source code, Florida officials have argued in court that they cannot produce it for DUI defendants. Although most state judges have upheld that view, others have not.
"The state may not wash its hands of its duty to produce this information by claiming that it does not have it," Volusia County Court Judge Mary Jane Henderson ruled in December.
FDLE officials say that even if the state had access to the source code it would not necessary to test the validity of the breath results. Laura Barfield, alcohol testing program manager at FDLE, said each of the 408 Intoxilyzer 5000s used in Florida - soon to be replaced by the 8000 model - are regularly run through painstaking tests at the state and local levels.
"You don't need the source code to know the machine is providing accurate results," Barfield said.
For its part, CMI said there is no evidence that its Intoxilyzer is inaccurate, noting that a review of 80,000 tests in a 2002 Arizona case produced no evidence of mistakes.
In a statement to The Associated Press, the company said also said the source code is not a crucial element in proving the Intoxilyzer's accuracy and is a proprietary trade secret that could create havoc if computer hackers obtained it.
"Exposure of the source code could not only be detrimental to CMI from a commercial standpoint, but it could also be detrimental to customers of CMI," the company said. "Disclosure of this information could compromise the integrity of test data that is stored in the instrument."
The conflicting decisions around Florida could land the issue before the state Supreme Court. Florida lawmakers may act before that, however.
A bill making several changes to DUI law includes a section clarifying that the "full information" about breath tests does not include the "manual, schematics or software" of the breath machine or any information "in the possession of the manufacturer." The bill is moving through state House committees and could pass later this year.
Prosecutors such as Varn say if the defense challenges prevail it would mean each DUI breath test could be subjected to exhaustive analysis.
"We would have to hire an expert to come in and testify in every case to explain the function of the instrument and what the test results mean," Varn said.
But defense lawyers say DUI defendants have the constitutional right to confront their accuser, even if it is a machine.
"If everything is OK and there's nothing to hide, why do they want to change the law?" said Stuart Hyman of Orlando, a leading DUI defense lawyer who represented Muldowny. "It's ludicrous."" |
http://hosted.ap.org/dynamic/stories/D/DUI_BREATH_CHALLENGE?SITE=FLTAM&SECTION=US3/14/2006 8:29:05 PM |
tpw122983 Veteran 400 Posts user info edit post |
greg seibert 3/14/2006 8:35:24 PM |
clay07 All American 501 Posts user info edit post |
Quote : | "http://www.lawyers.com/manning&crouch/jsp2267777.jsp" |
James Crouch...great lawyer for this stuff3/14/2006 10:31:53 PM |
Incognegro Suspended 4172 Posts user info edit post |
Quote : | "I mean, wtf, if your license got taken away, you done fucked up." |
I mean, not necessarily, millions of illegals drive without a license or insurance every day...3/15/2006 5:59:59 AM |
kristamcneil All American 747 Posts user info edit post |
I second russell dement.
He's done a couple of DUI's that my friends had. My conservative law school friend (crazy, I know)is doing an internship with them and swears he's the best in N.C. 3/15/2006 7:40:03 AM |
3 of 11 All American 6276 Posts user info edit post |
I hope he gets the maximum. 3/15/2006 8:09:07 AM |
ncsukat All American 1896 Posts user info edit post |
As it has been said before in this thread... Rick Gammon is the best there is in Raleigh. 3/15/2006 11:24:08 AM |
mtfrazi2 All American 2395 Posts user info edit post |
don't give advice to this guy on a good lawyer to defend some drunk girl who needs to stay off the road. I live in charlotte now and there have been way too many drunks killing people lately. Let her learn her lesson the right way. 3/15/2006 9:20:52 PM |
rogueleader All American 12297 Posts user info edit post |
fuck that. I can't stand the scumbags who commit crime day in and day out but it'll be a cold day in hell before I even consider the notion that someone should face the criminal justice system without zealous legal representation. 3/15/2006 9:45:01 PM |
BridgetSPK #1 Sir Purr Fan 31378 Posts user info edit post |
919-833-5555 3/15/2006 11:55:01 PM |
jgibelttil All American 7565 Posts user info edit post |
+13/16/2006 8:02:36 AM |
jimmypop All American 1405 Posts user info edit post |
this will beat any lawyer anywhere
http://www.jhpii.com/
I'm an Everyday Warrior!!
3/16/2006 8:55:38 AM |