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Fighting DUI Charges
If you have been wrongly accused of driving
under the influence, the chances of proving your innocence will depend more
on the special skills of your lawyer than on the generosity of the courts
or law enforcement. Today, politicians have demonized the DUI crime causing
it to rank among violent crimes. Not only are today’s DUI laws confusing and
unfair, the penalties can be severe.
Did you know that:
- The charge of driving under the influence
is actually two separate charges. The first charge, Vehicle Code §23152(a)
is the state’s allegation that you were driving while under the influence
of drugs or alcohol. The second charge, 23152(b) is the state’s allegation
that you were driving with a blood alcohol level of .08 or higher. What
you need to know is that the punishment is the same whether you plead
or get convicted of either offense. Literally, the prosecution will have
two bites at the apple in trying to convict you.
- If you are convicted of a DUI, the
DMV will count it as two separate points. The DMV will also suspend your
license unless you prevail at the DMV admin per se hearing. The DMV per
se hearing is based on technical issues that only an experienced DUI attorney
used to dealing with the DMV hearing can handle. Remember, you only have
ten days from the date the arresting officer gave you the notice of your
driving suspension to schedule a hearing with the DMV. Failure to timely
request a hearing will result in you waiving your right to challenge the
arrest and the suspension of your license. Currently, the DMV will suspend
your driving privilege for four months.
Many courts have different policies concerning
penalties for DUI. All courts, however, must follow the minimum and maximum
sentences even when probation is granted for a first offense:
First Offense
- Two days to six months in jail;
- A $1,000 fine plus penalty assessments;
and
- Attendance at an alcohol/drug rehabilitation
program.
You cannot underestimate the importance of
hiring an attorney with many years of experience in handling DUI offenses. We
stand ready and armed with extensive pretrial motions, hard hitting investigation
and a thorough examination of your case to build a winning defense.
If this makes sense to you, call us for
a free and confidential consultation.
7327-D Hanover Parkway
Greenbelt, Maryland 20770
Local Telephone: (301) 220-0700
Facsimile: (301) 220-3747
Email: EasonEsq@aol.com
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