DUI Law - Constitutional Rights Not Enough To Protect The Accused
DUI Law - Constitutional Rights Not Enough To Protect The Accused
Nowhere is the trend against civil liberties and criminal constitutional protections more prevalent than in DUI laws. Drunk driving has become such an unpopular, and even scorned, offense that many states make it necessary to essentially prove a person's innocence in order to gain an acquittal. Contrast this the the rest of the criminal justice system, in which the burden of proof is still on the prosecution, which must prove the offense beyond a reasonable doubt.
The above mentioned burden of proof is still nominally on the government in all fifty states, but the structure of the law makes this burden an illusion. As an example, many states allow the prosecutor to tell the jury that the defendant was advised of his right to have an independent chemical test.
In essence, the jury hears that the defendant had a chance and a right to prove his innocence. If the defense does not then go forward and produce this proof, the jury will typically hold the failure to prove innocence against a defendant and find him guilty.
In DUI cases, science that would not be deemed reliable for a medical procedure (i.e., breath testing) is used to convict people. Although most states still give the defense the right and means to challenge the test, some states such as Arizona often limit how much the defense can present to the jury regarding the foibles of the machine.
It seems that every year, more and more jurors come into DUI cases with the attitude that if a person is charged with the crime of DWI, then they must be guilty. This is a very high bar to overcome, especially because nobody likes a drunk driver. Even people who are charged with DUI generally agree that drinking to excess and then driving is a dangerous and foolish thing to do.
On the front line of DUI cases throughout America, there are dedicated attorneys who spend their entire careers perfecting and distilling the art of defending the drinking driver. Unfortunately, there are also attorneys who couldn't litigate their way out of a paper bag, who never take cases to trial and who always plead their clients guilty at the first opportunity. This second category of DUI attorneys contributes to the generally unfavorable reputation that all DUI lawyers seem to get.
The only real weapon that a person charged with DUI has against the system and against predatory DUI attorneys is education. The more educated a person facing a DUI charge can make herself about the subject, the better chance she has of coming through the system with the best possible result.
This process of education needs to happen prior to hiring a DUI law firm to defend the case, because knowing the law and a bit about the process is the only way to tell the sincere and able lawyer from the used car salesperson lawyer type who gives all attorneys a bad name. There are many good places to get such information on the internet.
There are also several good books out there. When looking for books, it is best to get books that are written for attorneys rather than for the public. Take time to digest the language in the book prior to meeting with a lawyer. It may be a good idea to bring the book along with you to the lawyers office and ask them questions from the book.
This will accomplish two very important things. First, it will show that lawyer that you are going to be a knowledgeable client that they are not going to be able to fool or take advantage of. Second, it will give you a good idea whether the DUI lawyer you are speaking with is actually an involved, caring and knowledgeable attorney or just a pretender.
For people charged with drunken driving, it often seems that the walls are closing in around them. The best thing to do is push back. Don't be passive. Take control of your destiny. Knowledge is certainly power when it comes to the law.
A Variety of Substances Lead to Federal Drug Charges
Illegal drug use is still a common problem seen in our streets and our courtrooms every day. With what seems to be a never ending supply coming into the United States and being manufactured right here it seems like it is a problem that may never end. Much legislation has been put in place to combat this crime and it's good to know what you could be up against when considering the use of an illegal substance.
Federal regulation of cocaine was first begun in December 1914 with the passage of the Harrison Act. This act banned any non-medical use of cocaine. It also prohibited the importation of the substance. The criminal penalties for cocaine users were set the same as those users of substances such as opium, heroine, and morphine. The Harrison Act also led to a strict guideline and accounting system for medial prescription use of cocaine.
Once strictly an illegal drug in all areas, as of Apr. 2006 there are eleven states that have legalized certain marijuana use. Arizona, Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington are all states which have decriminalized certain marijuana use. In all other areas, there are still strict penalties for the use, production, or trafficking of marijuana in plant form or ready to be used.
Under the Comprehensive Drug Abuse Prevention and Control Act of 1970, methamphetamine (crystal meth) is a Schedule II narcotic under the Controlled Substances Act. Meth labs are popping up in neighborhoods all across the country and it is easier than ever for the illegal substance to be obtained. The legislation against crystal meth expanded the controls on the listed chemicals used in the production of methamphetamine and increased the penalties for trafficking, manufacturing, and possessing the drug.
In February of 1991, federal legislation put anabolic steroids in Schedule III of the Controlled Substances Act making the possession or sale of anabolic steroids illegal without a prescription. Lately the news has been filled with stories of the latest scandal of professional athletes confessing to steroid use.
With their "hero's" continuing to use this substance, young people all over will likely continue to take risks by using this drug. Simple possession of illegally obtained anabolic steroids carries a minimum $1,000 fine if it is a first offense. Maximum penalties include prison time and fines up to $250,000. With a second offense, prison time and fines will double making this a certain life changing situation for the user.
Heroine, LSD, and MDMA or ecstasy all fall under Schedule I controlled substances under the Federal Controlled Substances Act. The potential for abuse and lack of medical necessity for these drugs make them a true danger to our society.
Being caught using or being in possession of any of these substances can and likely will lead to extremely high fines in the hundreds of thousands of dollars and can lead to incarceration including life in prison.
Should you find yourself in a situation accused of a federal drug related crime, it is not a matter to be taken lightly. It is imperative to find good legal counsel who can guide you through the process from start to finish and help you come to the best resolution possible in your case.
