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    Drunk Driving Defense: How to Beat the Rap
    Drunk Driving Defense: How to Beat the Rap
    Drunk Driving Defense: How to Beat the Rap
    Ebook107 pages1 hour

    Drunk Driving Defense: How to Beat the Rap

    By Attorney Dennis A. Bjorklund

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    About this ebook

    "How to Beat the Rap" is authored by one of the best DUI lawyers in the country. It is the ultimate answer to any drunk driving (DUI / DWI / OWI) charge. Discover all the secret investigative techniques used by law enforcement to trick motorists into incriminating themselves and getting a drunk driving arrests. Learn all the insider information about classified legal tactics used by prosecutors to get drunk driving convictions. Everything is revealed in this insightful, comprehensive and enlightening book.

    Dispel the myths and learn all the tactics necessary to prevent a drunk driving arrest and conviction. For example, find out: 1) How to avoid being suspected of drunken driving; 2) What you should never reveal to a police officer; 3) How to properly answer police officer questions; 4) Whether field sobriety tests are mandatory; 5) Things to avoid during a police stop; 6) Creating “reasonable doubt” to a jury; 7) Knowing what evidence persuades a jury to acquit, not convict, and 8) Decreasing the cost of litigation.

    Understand the legal technicalities of a drunk driving charge: 1) What constitutes probable cause for a legal and valid police stop; 2) What are the flaws in standardized field sobriety tests; 3) Whether chemical breath, urine or blood tests are mandatory; and 4) When it is appropriate to leave the scene of an accident.

    "How to Beat the Rap" can prevent the embarrassment of an arrest, the loss of driving privileges, months of anxiety, a permanent criminal convictions on your record, and the torture of enduring substance abuse education classes and treatment. Not to mention saving you thousands of dollars in legal fees. If you were charged with DUI, you must read this book.

    LanguageEnglish
    PublisherPraetorian Publishing
    Release dateMar 16, 2012
    ISBN9781476016528
    Drunk Driving Defense: How to Beat the Rap

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      Book preview

      Drunk Driving Defense - Attorney Dennis A. Bjorklund

      Drunk Driving Defense

      How to Beat the Rap

      Attorney Dennis A. Bjorklund

      Published by Praetorian Publishing

      Copyright 2012 Dennis Bjorklund

      Smashwords Edition, License Notes

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

      Discover other Drunk Driving (DUI, DWI, OWI) titles by Attorney Dennis A. Bjorklund at Smashwords.com:

      Drunk Driving Defense: How to Beat the Rap

      Drunk Driving / DUI: A Survival Guide for Motorists

      Drunk Driving Laws: Rules of the Road When Crossing State Lines, 2nd Ed.

      DUI / DWI Defense: Preventing a Drunk Driving Arrest

      * * * * *

      CONTENTS

      __________________________

      Author Biography

      Preface

      Drunk Driving Laws

      Legal Definitions

      Legal Defenses

      Police Stop

      Indicators of Intoxication

      Field Sobriety Tests

      Chemical Testing

      Pending Charges

      Preventive Medicine

      Appendix A: Glossary

      Appendix B: Abbreviations

      * * * * *

      AUTHOR BIOGRAPHY

      Dennis A. Bjorklund is an attorney specializing in drunk driving defense, and one of the best DUI / DWI lawyers in the country. He is the only lawyer to write four authoritative books to help motorists understand every aspect of a drunk driving criminal charge. The ultimate goal is to educate everyone on how to protect their constitutional rights against the unlawful infringement of law enforcement officers.

      The Author has an extensive resume of scholarly accomplishments. He was hand-selected as a distinguished literary contributor to publish articles within his area of specialty, and frequently appears on E! Entertainment and Biography Channel as an authoritative expert.

      Currently, the Author works as a DUI expert, legal consultant, and guest lecturer. Using his unparalleled DUI knowledge, trial advocacy skills and legal expertise, Attorney Bjorklund is able to provide the best legal defense. He currently resides in New York, but travels extensively across the country as a guest lecturer and legal consultant.

      PREFACE

      __________________________

      Regardless of whether you experienced an arrest or were involved in a police stop where the officer suspected you of drunk driving, it is likely to occur in the near future. As drunk driving laws become more draconian and law enforcement personnel more extremist, it is only a matter of time before the net is cast over you or someone you know. The only protection is becoming knowledgeable about every aspect of drunk driving defense--laws, police procedure, scientific evidence, witness testimony, and trial strategy. Knowledge is power. This book offers essential information to elevate motorists to a superior position so they can protect and enforce their rights against overly intrusive police officers, zealous prosecutors, teetotaling counselors and prohibitionist judges.

      There are numerous instances where drivers are wrongfully trapped in the legislature's broad and vaguely defined drunk driving laws. The presumption of intoxication at a statutorily prescribed blood-alcohol concentration is not necessarily applicable to every driver. In fact, motorists with higher tolerance levels can drive without exhibiting signs of impairment, but it is difficult and expensive to prove. Moreover, politically correct juries of today often convict merely because the chemical test result exceeds the legal limit, rather than scientific explanations that refute the test's validity.

      The most egregious circumstances involve innocent drivers who are forced to plead guilty to a drunk driving charge. The conviction could have been prevented if they knew how the system worked and were informed of their rights. Every motorist has the power to prevent a wrongful drunk driving charge. This text offers an overview of the drunk driving laws so motorists can understand their legal obligations, protect their legal rights, and avoid the consequences of a drunk driving conviction. Every effort was made to analyze the most common legal entanglements and present the material in an organized, straightforward, and illustrative manner.

      The proposed strategies and recommendations, if properly followed and appropriately implemented, will enhance every motorist's opportunity to walk away from a drunk driving charge without the stigma of a criminal conviction. First and foremost, it is imperative to read the entire book from cover to cover. Each chapter offers legal strategies and helpful suggestions that make it difficult for law enforcement officials to arrest drunk drivers and hinders prosecuting attorneys from getting a conviction. The goal is to arm motorists with the necessary tools to make knowledgeable decisions about drinking and driving.

      Drunk driving charges are won on the facts. Each case offers a unique legal and factual quandary that can significantly impact a jury verdict. Since this book offers extensive legal strategies to otherwise highly complex factual circumstances, it is impossible to provide definitive solutions to every legal issue. The goal is to provide general information regarding drunk driving laws, criminal procedure and various factors that influence a positive jury verdict. After thoroughly reviewing the contents, you will be in a better position to interview and select a qualified, competent lawyer.

      When interviewing potential defense attorneys, be open and honest, and present all relevant facts. Even seemingly minor details can significantly impact the verdict. Withholding relevant facts or valuable evidence not only prevents defense attorneys from accurately analyzing the case to determine the likelihood of success, but also increases the chance for a conviction.

      It is safe to assert that nothing can prevent a drunk driving arrest. Even sober drivers can be arrested for drunk driving. If there is no witness, the trial becomes simply the driver's word against the officer's. If the officer testifies to observing bloodshot and watery eyes, flushed face, and rambling speech, this is sufficient for a conviction, despite the absence of hard evidence to prove alcohol was consumed.

      It may seem preposterous to the average American, but some police officers overstep the ethical boundaries for a variety of reasons, such as quotas, increasing their conviction rate, or personal inclinations. To combat this prejudice, it is essential for motorists to know their rights so they can avoid a wrongful drunk driving charge.

      Unfortunately, asserting your legal rights has consequences. It often requires a trial, which entails legal defense costs, an extensive time commitment, and a nerve-racking experience. However, this is nothing compared to the cost of a criminal conviction--statutory fines, incarceration, probation, increased insurance rates, driver's license suspension, limited employment opportunities, ignition interlock devices, vehicle impoundment or immobilization, and the risk of a second offense drunk driving charge.

      When reviewing the chapters, always remember that the legal climate is extremely volatile in this area. State legislatures are constantly changing the drunk driving laws, and the courts are continuously redefining the parameters of police authority and motorists' rights. Since many recently adopted laws and important constitutional issues have yet to be addressed by the courts, there is no definitive legal precedent to offer absolute strategies. Thus, the proffered strategies and suggestions are legal interpretations of the law or predictions about future tendencies in the judiciary. To receive the most up-to-date advice about the rapidly changing laws, always consult an attorney who specializes in drunk driving defense. Most attorneys have a general understanding of the laws, but

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