Practice Areas

Blog

Nursing Home Abuse

view all

Personal Injury and Automobile Accidents

view all

Medical Malpractice

view all

DUI, Traffic and Criminal Law Defense

view all

Business Litigation

view all

General Observations

view all

General Observations

view all

General

view all

Firm News

Three High School Students Killed in a Car Crash in Virginia Beach

Young Volunteer Firefighter Killed in Crash

Former Virginia Tech Quarterback Found Guilty of DUI

Four Deaths on Virginia 151 Prompted Change

Fossella Found Guilty of Misdemeanor Charges of DUI in Virginia

Study Reveals 13% of Seniors Report Mistreatment

Grant Helps the Elderly Avoid Nursing Homes

Driver Convicted of DUI Death Arrested Again on DUI Charge

Nursing home patient's death cause 'undetermined'

Drive Safe Hampton Roads to provide free child safety seat checks

View All

Firm Library

Nursing Home Abuse

More Info

Personal Injury and Automobile Accidents

More Info

Medical Malpractice

More Info

DUI, Traffic and Criminal Law Defense

More Info

Divorce

More Info

General

More Info

Weisberg Law Blog

Weisberg Law Blog
Blog Category:

DUI, Traffic and Criminal Law Defense

    8/6/2008
    Allan
    Comments (0)

    DUI Cases II

    DUI CASES CONTINUE TO GIVE US CHALLENGES. OH, I KNOW, TV COMMENTATORS ARE AGHAST THAT ANYONE WOULD TRY TO DEFENDANT A PERSON CHARGED WITH A DUI OFFENSE. BUT THIS IS THE LEGAL SYSTEM IN PLACE IN THE USA. BUT I DIGRESS.

    I NOTED IN AN EARLIER NOTE ON THIS SUBJECT THAT THESE CASES ARE ODD AND UNUSUAL. THE JUDGE IS PRECONDITIONED TO FIND THE DEFENDANT GUILTY. THAT OLD PRESUMPTION OF GUILT DOCTRINE, BUT IN THESE CASES THE PRESUMPTION IS ON STEROIDS. YOU NEVER KNOW WHERE YOUR VICTORIES WILL COME FROM. I HAVE CLIENTS ASK ME"WHAT IS YOUR STRATEGY?" FRANKLY I DON'T KNOW, JUST GIVE THEM A TOUGH TIME.

    I REPRESENTED A CLIENT WHO RAN INTO A TELEPHONE POLE AND HAD BEEN DRINKING. HE HIT HIS HEAD AND GOT CUT. THE FIRST OFFICER ON THE SCENE CALLED AN AMBULANCE BECAUSE THE DRIVER WAS HURT. THE OFFICER NOTED THE ODOR OF ALCOHOL, AND SUSPECTED A DUI CASE. THE PARAMEDICS ARRIVED TREATED THE DRIVER AND GAVE HIM AN IV. THEY THEN TOOK HIM TO THE HOSPITAL FOR EMERGENCY TREATMENT. A BLOOD SAMPLE WAS TAKEN AND THE ANALYSIS SHOWED A B.A.C OF .25% ( VERY DRUNK). HOWEVER, AT THE CLOSE OF THE EVIDENCE, WE POINTED OUT THAT NO BODY KNOWS WHAT WAS IN THE IV. WAS IT PAIN KILLERS, A SEDATIVE, OR ALCOHOL? THIS KEPT THE TEST RESULT OUT OF THE CASE, AND, AS A RESULT, MY CLIENT GOT A VERY FAVORABLE RESULT.

    NOW SOME MIGHT HAVE ISSUES WITH THIS SORT OF BUSINESS, BUT IT IS OUR SYSTEM. IN THE OLD SOVIET UNION ALL THAT WAS NECESSARY WAS THE BRINGING OF THE CHARGE. NOT WHAT WE WANT HERE. SO YOU LAWYER MUST BE ON HIS TOES, BEFORE AND DURING TRIAL BECAUSE YOU NEVER KNOW.

    Read More about "DUI Cases II"


    Labels:

Comments

There are no comments.

Post a comment

Post a Comment to "DUI Cases II"

To reply to this message, enter your reply in the box labeled "Message", enter your username and password, and hit "Post Message."

Username:

Password:

Register for an account

Message:

Ask an AttorneyAsk an Attorney
Free Consultation

Name:

Phone:

Email:

Tell us more:


Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223

Map / Directions

FAQs

Personal Injury and Automobile Accidents

Medical Malpractice

DUI, Traffic and Criminal Law Defense

Business Litigation

Divorce

View All