District of Columbia Criminal Lawyer DUI blog
Rollins & Chan has established a highly successful criminal trial practice concentrating in all areas of criminal defense litigation in Washington, D.C. The primary focus of this blog is on DC DUI law in the District of Columbia.
Sunday, June 15, 2014
We are opening our Southern Maryland Law Firm to handle Southern Maryland District Court
Google+
So Just an update - Southern Maryland Lawyers is now Doing Charles County, St. Mary's County and Calvert County. Stay tuned for more information or click the google plus button.
Monday, June 9, 2014
Breath Alcohol Testing Program - What is that?
So in the District of Columbia the Office of Chief Medical Examiner is required to make sure the protocols are followed when the officer conducts the breath test in the lab. In fact, Breath Alcohol Manager of the toxicology unit of the Office of the Chief Medical Examiner should review video footage when the office attest that they have examined the suspect for 20 minutes. The Office of Attorney General is supposed to do a quality assurance to make sure the officer that is signing off on the refusal is still following proper procedures. So this is where your friendly neighborhood lawyer is supposed to make sure that the protocols are followed.
Monday, March 3, 2014
DC DUI Lawyer- DUI lawyer in the District of Columbia explains
So, I did this video sometime ago about you need to know before Hiring a DUI attorney.
So your charged with DUI in DC I need to hire a lawyer what is one of the most important factors in hiring the lawyer.
Hi my name is Mark Rollins and come join me while we talk about hiring a DUI lawyer. Yes it is important to have a good relationship and to like the attorney your hiring. However, one of the most important factors in hiring your attorney is to make sure he or she has taken the DWI detection and Standarized Field Sobriety Testing course. This course is based on the manual published by the U.S. Department of Transportation. The Standardarized Field Sobriety test are national recognized test that every officer who stops you for DUI should be familiar with. In fact, if the Officer has taken the course he or she should not be administering the test. So you ask yourself why would my attorney take the same course the police officers have to take. Well your attorney needs to be familiar with the national standards of conducting field sobriety test and to make sure that the police have followed the national standardized procedures. If the attorney has not taken the course how could he or she make sure the officer did everything correct. In fact some have argued that it is malpractice on the part of the attorney to take a DUI case and the attorney has not taken the course. I am not sure if I would go that far.
So when hiring your attorney ask your attorney whether he has taken the course and if he passed the course. Everyone who takes the course is required to take a test to pass the Course.
In my office both me and my partner have successfully taken the course and passed with highest possible scores. So if you have been charged with DUI please contact us so we can talk to you about your case.
DUI and OWI in the District of Columbia - What Gives?
Call us today 202-455-5610
Typical Charge in DC |
When
you’re charged with driving under the influence, the government has to prove
two things. One, that you were physically operating the car and in control of
the car. Second, they need to prove that while you were operating the car, that
you were impaired by either drug or alcohol. The penalty for DUI is 180 days
and/or $1,000 fine. The prosecution usually charges a second offense. It’s a
just-in-case offense called Operating While Impaired, OWI.
It
carries a lighter penalty of 90 days and/or $500 fine. The prosecution only
needs to prove that the defendant, you were operating the vehicle while
consuming an intoxicating liquor. They don’t need breath scores to prove OWI,
so if your attorney knocks out the breath scores the government still may try
to try you on OWI because it’s separate and distinct. Although they are closely
related, it’s not a lesser included offense, but you cannot be punished for the
same charge.
In
other words, if you go to trial, and you have those two charges on your docket,
and you’re charged with DUI and OWI, the government will dismiss the OWI before
they proceed with trial. Now, where does OWI really come into play? It comes
into play usually in plea agreements. Typically, the government will give you a
plea offer to OWI if your breath scores are low, like 0.08 to 0.12. They may
give you an OWI plea.
Now,
it’s not really a good plea offer when you’re given a plea offer that says
plead guilty to DUI and we’ll dismiss OWI because they would’ve had to do that
at trial anyway. The benefit that you plead early is that you’re not wasting a
lot of court’s time. That’s the only benefit you’re really getting out of it.
When you get that on your plea paperwork that says that they’ll dismiss the
OWI, it’s not really that great of a plea because they would’ve had to do that
at trial anyway.
If
you have any more questions about this, you can feel free to contact us. My
office telephone number is 202-455-5610. You can always call us for a free
consultation and we’d be more than happy to talk to you about the difference
between OWI and DUI in the District of Columbia. Anyway, thanks for watching
and please subscribe to our channel. Thanks.
Friday, December 20, 2013
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