DUI Attorney Tips for Avoiding DUI’s

No one wants to get a DUI and there are some simple steps to take in order to prevent the charge. Of course, the first and simplest method would be to not drink and drive. However, when a person is driving after they have been drinking, it is essential to avoid getting pulled over. Follow some handy tips to prevent a DUI charge and if these tips are not enough to keep you out of trouble, contact a professional for DUI attorney help.

The first tip is to be sure that your car’s registration is up-to-date. If your license plates have expired registration tags, your chances of getting pulled over will increase. So, if your plates are not current, then do not risk driving after drinking.

The second tip follows along these lines. Make sure that everything about your car is in compliance with the law. For example, do you have your front plates? Do both of your brake lights work? If your driving seems suspicious and the state of your car provides additional reason to pull you over, then police officers will have more information on which to base charges.

Next, follow all of the traffic laws. You should be following the speed limit and signaling at turns anyway. However, if you have been drinking, then it will be even more important to pay strict attention to all of the traffic laws. If you are not sure about the laws in your area, you might find information and resources when you contact your local DUI attorney help line.

A fourth tip is to not volunteer the information that you have been drinking. If it comes right down to it, you do not have to answer the police officer’s question about whether you have been drinking or not. You also have the right to refuse to take the coordination tests. It is very important to remember to treat the police officer politely and keep your cool. In some states, you must submit to a breath or blood test, but you are not bound by the law to take the Field Sobriety Tests.

Remember that the best way to avoid a DUI conviction is to not drive after you have been drinking. When you are faced with an arrest, seek out DUI attorney help.

By Jay Tiftickjian Law Firm
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Travis Zeigler joins Tiftickjian’s DUI Defense Team

DUI lawyer TravisDefense attorney Travis Zeigler has litigated hundreds of DUI and criminal cases in Colorado courts, and on October 1 he joins the team at Tiftickjian Law Firm.

A Colorado native, Mr. Zeigler is admitted to practice in Colorado and The United States District Court. Over the course of Mr. Zeigler’s legal career, he has focused solely on criminal defense. Zeigler has represented hundreds of clients in and around Denver, and litigated cases ranging from minor traffic offenses, petty offenses, misdemeanors, and serious felonies.

In law school, he was a member of the Honors Program and earned Semester Honors over four semesters. Mr. Zeigler also clerked for a Chief Judge of the United States District Court. Mr. Zeigler graduated in the top ten-percent of his law school class.

“I have watched Travis in court over the past few years and have always been impressed with his demeanor and attention to detail that he puts into his cases,” says Jay Tiftickjian, the law firm’s president. The DUI attorneys at Tiftickjian Law Firm represent clients both in the metro area and also in Colorado’s mountain communities through its satellite office in Aspen.

 

Amanda Bynes – Competent to Be Tried for DUI?

Actress Amanda Bynes failed to appear in court on Tuesday, according to the Huffington Post, because her DUI attorneys claim that she is not fit to stand trial.

The actress has been under a doctor’s care since July. In past news, she is alleged to have set fire to a driveway and was put on a mental health hold for 72 hours before being housed in an inpatient facility for 30 days.

What does it mean to be incompetent to stand trial? In Colorado, the case most frequently cited is People v. Mondragon, 217 P.3d 936 (Colo. App. 2009). In Mondragon, the Colorado Appellate Court sets forth the procedure when a defendant in a criminal case asserts that he or she is incompetent to stand trial. A court must hold a hearing to determine if the defendant is competent to proceed, and the party asserting the incompetency has the burden of submitting evidence and the burden of proof by a preponderance of the evidence. This means that if the prosecution asserts the incompetency, the government must prove it. More often than not, it is the defendant that asserts it, and therefore his or her defense attorneys that must assert it.

According to Colorado law, “a defendant must have ‘a sufficient present ability to consult with his counsel with a reasonable degree of rational understanding, and a present rational and factual understanding of the proceedings against him.’” Id., citing People v. Morino, 743 P.2d 49, 51 (Colo. App. 1987). A defendant lacks the requisite rational understanding if he does not have “a sufficient contact with reality”, i.e., “if his mental condition precludes him from perceiving accurately, interpreting, and/or responding appropriately to the world around him.”

While not in Colorado, the DUI case of Amanda Bynes is interesting and brings up issues dealing with mental competency in criminal cases.