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| Friday, March 19, 2010 |
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Attacking Breathalyzers and Field Sobriet Tests in DWI cases
By David Storobin @ 5:33 AM :: 3 Views ::
0 Comments ::  :: Law
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Easily the most important decision a defense lawyer has to make in a DWI case is what defense to present. Once an argument is presented, it is often hard to present another one if the first one fails to impress the jury. Rather than explaining the defendant's position, the lawyer comes off as overly slick, trying to "pull a fast one" on the jury. Thus, once the first argument is made, all following arguments must be consistent.
Here's a list of good and bad arguments:
Never argue that the Defendant was barely over the limit. You can't be a little bit pregnant and likewise you can't be a little bit guilty. If you are guilty, you are guilty and the jury will find you as such. If this is your argument, then the best way to proceed would be to negotiate a plea bargain with the prosecutor instead of going to trial.
On the same note, don't argue that the Defendant didn't realize he was drunk over the legal limit under New York DWI laws. It doesn't matter. The Defendant is responsible for his conduct.
Don't refer to the breath testing equipment as either an "instrument" or a "machine" because juries view both as being very accurate. Instead, describe the end results and explain why the equipment is not perfectly accurate. The device does not actually test for blood alcohol levels, but estimates it based on a person's breath. However, this ranges tremendously from person to person, and one person may show as much as 200% more alcohol in their breath as another who has the same blood alcohol level.
Don't talk about a "margin of error", which can sound too scientific to most people and bore them as much as a college statistics class. Instead, talk about a range. "An X amount of alcohol in a person's breath can mean a range of blood alcohol from A to B."
Don't attack the police officer as being corrupt unless you have proof. Most jurors will not believe that a cop suddenly decided to frame a perfectly innocent person. Instead, discuss the proper Breathalyzer and Intoxilyzer procedures to show why the police officer did not follow them. For instance, the cop must stand next to the driver for 15-20 minutes prior to administering the test because eating certain foods or even burping can give a "false positive" or at least show higher results.
Fefer to field sobriety tests as preliminary roadside evaluations. Also discuss that they are different in different cities and even precincts.
The jury must understand that neither field sobriety tests nor breath testing equipment is perfect, and can frequently show a false positive. If the jury thinks those tests are perfect or even near-perfect, it will be very hard to convince them that the defendant is not guilty.
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| Wednesday, March 17, 2010 |
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| Thursday, March 11, 2010 |
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Dallas Litigation Attorney
By jimknight @ 7:59 AM :: 6 Views ::
0 Comments :: :: Law
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Brandy Baxter-Thompson is an attorney in Dallas, Texas, who offers legal counsel for individuals in need of assistance with family law, divorce law, and probate law. At the Law Office of Brandy Baxter-Thompson, it is our goal to provide cost effective legal counsel with personalized attention.
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| Monday, March 08, 2010 |
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Literature Fulfilment
By templecombe @ 1:37 PM :: 21 Views ::
0 Comments :: :: Google Adsense , Advertising , Advice , Affiliate Programs , Cars, Aviation, Books & Authors, Broadcasting, Business , Cancer, Careers , Celebrities, Communication , Computers , Copywriting , Dating , DIY, Dieting, EBooks , ECommerce , Education , Email , Entertainment , Environment , Employment, Electronics, Family , Fashion, Film, Finance , Fitness , Food and Drink, Foreign Issues, Gambling , Gaming, Gardening , Global Warming, Health , History, Hobbies , Holidays, Home Business , Humour , Industry, Internet , Investments, Jewellery, Law , Management , Marketing , Marriage , Motivational , Military, Music, Nature, News , Newsletters , Online Marketing, Online Shopping, Other , Parenting, Pets , Politics , Property, Relationships, Religion & Faith, Sales , SE Optimisation , SE Positioning , Sexuality , Social Issues , Spam , Spirituality , Sports , Technology , Transport, Online Traffic Analysis , Travel , Trends, Viral Marketing , Weather, Web Design , Web Hosting , Webmasters , Weight Loss , Women's Issues , Writing , Beauty, Lifestyle, Charity, Television, Movies, Crafts, Mobile & Broadband, Home
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Many businesses offer more literature than any other type of product, and for these businesses holding large amounts of literature it is costly to store this inventory. For many businesses, it is much less expensive to use a literature fulfilment company to handle this end of business. Not only do literature fulfilment companies offer your business the chance to save on inventory storage, but the headache of returns and shipping. Most literature fulfilment companies will find the least expensive delivery carriers for your products to be shipped with, but they also take care of all returns and exchanges.
These two actions alone take up an average of 23% of a business’ time when it comes to peak seasons. This is time that could be better used dealing with the sales and marketing end of your business.
Instead of holding your own inventory and dealing with the overhead for this requirement, simply using a literature fulfilment company will help to alleviate the troubles associated with inventory and your company no longer has to deal with any of these problems. The product your customers purchase can be handled through a fulfilment company’s automatic online service or you can place the order on their behalf. This allows your customers faster delivery times because most literature fulfilment businesses will offer 24 hour turnaround service and shipping. Your business not only gets less work due to using this business, but also gains a reputation for fast delivery and great products.
Many fulfilment companies will offer monthly or annual packages for your literature fulfilment needs. When deciding on your literature fulfilment company, ask about a dedicated account manager for your business and what systems will be used for your fulfilment.
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| Monday, February 22, 2010 |
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Mexico Attorneys - The power of law
By mexico @ 1:24 PM :: 10 Views ::
0 Comments :: :: Law
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One might often have had experiences with impressive salespersons who claim to give the best deal but when it comes down to getting the real deal, the product isn’t half as good as the claims. And while that is true in practically every type of product or service in America, the problem causes rather grave consequences when one talks about the travel industry in Mexico. Attorneys are thus, considered a very vital part of a tourist itinerary, much to the surprise of each and every one of the thousands of tourists that flock to the country every year. Of late, Mexico has been primarily associated with the timeshare fraud, wherein innocent (and often, ignorant) travelers are duped into paying for seemingly lavish accommodations on a timeshare basis, only to find out that such accommodations never existed in the first place. As a result of such activities, Mexico Attorneys have been having a rather busy time keeping tourists safe from such scamsters. However, there are some informative things that can help you tremendously in preventing you from being a victim of such frauds. The first of these is the rescission period, which is a legal obligation in Mexico. This is a 5 business day time period which is required for timeshare purchases. But at the same time, this is the weak spot from where all the fraudulent activities sprout. A majority of the fraud companies would ask the tourist to sign-off this mandatory right, which is also not allowed by the Mexico government, regardless of whatever ‘type’ of timeshare you are purchasing. Further, you also have the right to cancel the sale within these five business days. The best thing to do when you find out that you are a potential victim of such a fraud is to inform your credit card company and put the amount paid to the travel company as a disputed charge. You must also contact Mexico’s consumer protection company at (+52) 55 5211-1723, named Profeco, and send them a complaint letter. In order to easily process all the aforesaid formalities and to prevent yourself from falling for this fraud altogether, you must consult a good Mexico attorney so that the problem does not arise at all, and even if it does, it can be dealt with easily.
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