Monthly Archives: October 2014

Accidents Attorney Tips: How to Act if You Have Been Charged with a DUI

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Have you been arrested on a DUI or DWI charge? There are many steps to take in this case, but the first and the most important involves hiring a competent auto accidents attorney. Don’t make the mistake of thinking that you can represent yourself. There are a few things to keep in mind, read on to find out how it is best to go about such a charge.

Will you be arraigned for a DUI?

As your accidents attorney will explain, this does a formal arraignment procedure in court. At your arraignment, you will be asked to plead to the charge, either guilty or not guilty. Having an attorney represent you at arraignment is more than necessary. At this stage, you are only entering a plea, and you can plead not guilty. In most states you can also insist on a jury trial. If you’re charged with having prior under-the-influence convictions, you should deny these convictions so that you or your attorney can challenge their validity later.

What happens after you make bail?

There are many alternatives here but the most common include simply pleading guilty as charged, trying to plea bargain down to a reduced charge like reckless driving , asking for a trial before a judge. Generally, the more likely a jury is to find you guilty of driving under the influence (DUI), the more you will want to plea bargain or negotiate a settlement with the prosecutor. One of the most important factors is your blood alcohol level. If higher than .12 %, chances of winning in trial are actually low. All an attorney can do is attempt to shed doubt on the validity of the test results so that the jury either entirely disbelieves them or thinks that, after adjusting for possible errors in your favor, your blood alcohol level might have been lower.

You have more chances of winning if your blood alcohol level is under .11%. Your chances will depend largely on the type of testimony your lawyer can elicit from anyone who was with you either before or while you were driving.

A well seasoned accidents attorney should be able to cross-examine the prosecutor’s expert witnesses to show that the likelihood of one’s driving ability being affected at a blood alcohol level of less than 0.08% is small. Naturally, the farther below 0.08% your blood alcohol was, the better your chances are of being acquitted are.

Should you go for a plea bargain?

This is a process where the defendant and the prosecutor reach a compromise. Plea bargains in DUI situations, however, are no longer as common.

Whether you’d prefer to plea bargain or take your case to trial, think about getting an attorney to represent you. If you cannot afford to pay for a specialized attorney’s full services, you can choose the option of hiring legal help for the limited purpose of fully explaining your options to you or working out a plea bargain with the prosecutor.

Auto Accidents Involving Mopeds: A Few Useful Tips

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If you or someone in your family has been involved in an auto accident involving a moped or scooter, there are some things to keep in mind. The below accidents attorney tips will help.

How do moped accidents happen?

It is true, a scooter or moped may be a very simple, cost- effective and rather efficient way of getting around, many families in urban areas use them. However, on the road, mopeds can be very difficult to see, especially under difficult weather conditions or where the driver is distracted. Another thing that doesn’t really help is that mopeds, unlike motorcycles, are very quiet and will not be heard coming. If a driver is completely unaware that a scooter or moped is occupying the space they wish to be in, it could result in a serious auto incident. Also, it is safe to assume the person suffering most injuries will be the moped driver.

So, to sum this up, a few common causes for scooter incidents include:

1-      Failure of drivers to see the moped on the road

2-      Distance or speed have been misjudged

3-      Bad weather

4-      Distracted drivers on the road

5-      Excessive speeding

A lot of moped accidents tend to be serious due to the unprotected and exposed nature of the rider. Even if the scooter or moped rider follows the letter of the law to the tee, wears a helmet, signals appropriately and adorns their moped or scooter with the appropriate lights and reflectors, it still doesn’t guarantee they won’t be involved in a scooter accident or moped accident.

How are damages calculated?

If you or a loved one has been injured in a scooter or moped accident involving another vehicle, they may be entitled to recovery for damages and injuries. To see if you have a good case in a scooter accident, contact an experienced auto accident lawyer who is familiar with scooter accidents and injuries.

What are the steps you need to take if you have been involve in a moped incident?

As any expert accidents attorney will tell you, the first step is seek medical attention for your or the other person’s injuries. Don’t let any time lapse between the accident and the medical treatment, as that is very important for legal purposes.

Make sure not to disclose any information to the insurance company other than to mention that there has been an accident. Do not mention any circumstances or don’t even think of making assumption as to who is at fault.

Contact a qualified lawyer ASAP. Preferably someone with experience in dealing with auto accidents.  They will help you handle the confusion and overwhelming amount of legwork involved in a scooter accident case, and if there is compensation available to you, they should be able to spot it and obtain it for you.