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DUI - What Do You Need to Know?

Attention:

“If You have  Been Recently Arrested For a DUI Charge….Don’t Do Anything Until You Read This Special Report!”

INSIDE THIS SPECIAL REPORT YOU’LL DISCOVER:

“The Hidden Secrets of DUI Defense.”

By Lee Martin, Nashville, Tennessee Dui Defense Lawyer

 If you have been stopped by the police and charged with a DUI, you’re probably confused or worried about what steps to take next.  You have many questions and need some answers.  You have questions like:

  • Will I lose my driving privileges?
  • Is there really a way to fight a DUI charge?
  • Will I have to go to jail for a DUI?
  • Will my insurance premiums go up?
  • What happens if I don’t show up in Court?
  • Do I really need a lawyer or can I just show up in court on my own?
  • How will I know that the lawyer I’ve chosen to defend me is the right lawyer for my DUI defense?

If you have any of these concerns, then please keep reading this Special Report.  Hello, my name is Lee Martin and I have been helping clients as a DUI lawyer in Tennessee for nearly 17 years.

I’ve focused my practice on the challenges faced by clients charged with a DUI. These charges can have devastating effects on your future.  A DUI conviction carries mandatory jail time, heavy fines, and mandatory suspended driving privileges.  It’s unfortunate, but many people end up with a DUI conviction on their permanent record when they could have avoided it.

Did you know that many people accused of a DUI are actually innocent?  In fact, there are several ways to rebut the evidence gathered by the police in a DUI arrest.  Inside this Special Report, I’m going to outline some of these key points.

Unfortunately, I see way too many people misinformed about the court system and their legal rights as a motorist when faced with a DUI charge.

That’s why I’ve taken time to write this Special Report and offer it for Free to anyone who wants to read it.  Did you know there are key secrets to protecting your legal rights and driving privileges?

Doing nothing at all is one of the worst things you can do!  As auto insurance premiums continue to rise, you really don’t need your rates to rise because of a DUI conviction.  Or even worse, dropping your coverage all together because of a DUI that you might not have been guilty of in the first place.  The truth of the matter, there are several myths about defending a DUI case that everyone should know.  Here are some sobering facts you need to know.

It is best to get the “right” information before you do anything.

HOW CAN THIS BE HAPPENING TO ME?

I know exactly how you feel because I deal with harsh realities that the DUI accused faces everyday in my practice.  It’s hard enough to be a productive citizen without adding the loss of driving privileges, loss of job opportunities, mandatory jail time, and heavy fines to the mix.  Not to mention the social stigma attached to a DUI conviction.

Let me share with you some real life examples of how I’ve helped clients get their lives back after a DUI arrest.  The best part of these cases is that I have been successful at helping people get their lives back on track.

Not guilty verdict.  My client was found not guilty by a very conservative jury in Franklin, Williamson County, Tennessee.  The arresting officer, who trains cadets at the Tennessee Highway Patrol Academy, testified that my client performed all field tests poorly and drove his truck all over the interstate.  In a pre-trial conference, the trial judge commented that he had read the file and was interested in what type of defense I had to present.  In short, he was suggesting that I had no defense and needed to settle this case.  However,   I believed that my client was innocent and fought for his rights in court.  After a heated jury trial, a not guilty verdict was returned.  My client avoided all DUI penalties.

DUI 2nd Offense dismissed.  My client was arrested in Nashville, Tennessee by a senior officer with the Metro Nashville DUI Unit.  He conducted a traffic stop on my client client after he noted poor driving via an illegal U-turn.  He further noted an odor of alcohol, bloodshot red watery eyes, and poor performance on the field sobriety tests.  My client also registered a .15 on the breath test.  The case was dismissed on a motion by defense counsel.  This client avoided all DUI penalties.

.17 Breath Test reduced to reckless driving.  The defendant was arrested for DUI after her car broke down on the interstate.  When the arresting officer arrived, my client was seated in the driver’s seat.  The arresting officer noted the smell of alcohol and bloodshot eyes.  After poor performance on the field sobriety tests, my client was arrested for DUI.  A plea agreement to reckless driving was entered and my client avoided a loss of license.

Nashville .15 Breath Test reduced to reckless driving.  The accused was arrested for DUI in Nashville, Tennessee.  The arresting officer noted swerving in the roadway, strong odor of alcohol, slurred speech, watery eyes, dilated pupils, and indicators of impairment on the sobriety tests.  A plea to reckless driving was entered and my client did not lose her license.

Pilot gets DUI charged reduced to reckless driving.  While investigating a property damage accident, the arresting officer noticed a strong odor of alcohol and red watery eyes.  After performing poorly on the field tests, my client was arrested for DUI and registered a .11 on the breath test.  A plea of reckless driving was entered and the Assistant District Attorney General commented to my client that the only reason he cut the defendant a break was because he had a lot of respect for his attorney.

DUI case reduced to reckless driving after the defendant was kicked out of a bar.  After being kicked out of a bar, the arresting officer observed my client “peel out”, race down the street, and run a red light.  A traffic stop was made where the arresting officer noted a smell of alcohol, bloodshot watery eyes, and slurred speech.  He also noted poor performance on the field tests and a refusal of the breath test.  After showing the DA that this case really was not that strong, a plea to reckless driving was entered.

Client avoids a DUI 3rd offense conviction.  After being stopped for a minor traffic infraction (no seat belt), the arresting officer noted the smell of alcohol bloodshot eyes, and slurred speech.  In addition, he noted that my client staggered while he walked and failed all three field sobriety tests.  My client refused a breath test.  Prior to trial, a non-dui plea was reached.

Hung Jury results in client avoiding a DUI 3rd conviction.  The arresting officer alleged that my client nearly struck his patrol car while violating the “move over” law.  He continued to drive poorly by performing two illegal U-turns before finally parking his truck.  The officer noted poor performance on the field tests and the refusal of the breath test.  Prior to trial, the prosecutor would only offer to plead guilty to DUI 3rd and serve 120 days in jail.  After a two day trial, the jury could not reach a verdict and a hung jury was announced.  The state realized that they had a weak case and my client accepted a plea to DUI 1st offense.  In short, he saved 118 days in jail.

NO MIRACLES….JUST HARD WORK!

Now, I did not work any special miracles on these cases.  I just did my job as a lawyer.  I did the hard work I was supposed to do.  I did the work that was necessary to help my clients.  I investigated their cases, hired experts, interviewed witnesses, and examined the police records.  I documented and verified their defenses.  I knew the law, followed the proper procedures and held my ground for my clients.

With almost 17 years of experience in DUI defense and criminal law, I was able to analyze their situation and recommend the best course of action.  I was able to obtain a just and fair outcome for their cases.  I helped them to get their lives back on track.

The tragedy in all of this is that there are many people out there just like you who never got a chance to fully understand their legal rights.  Every year, thousands of people get unfairly charged for DUI without fully understanding the legal process.  They blindly act without getting informed about their DUI rights.

That’s why I’ve dedicated myself to fully informing and educating my clients to what steps are necessary to protect their legal rights.

In Fact:  There’s A Lot More On The Line When It Comes to a DUI Charge Than You Think! 

WHAT YOU NEED TO KNOW BEFORE YOU EVER GO TO COURT FOR A DUI CHARGE!

MYTH # 1:  MOST PEOPLE ACCUSED OF A DUI CHARGE ARE GUILTY! (Note #1)

This myth is probably one of the most troubling one of all.  It is harbored by the public and lawyers alike.  In my opinion, lawyers who believe this should never represent a client accused of DUI.  They cause harm to their clients by eliminating objectivity.

In the cases where the chemical test used by law enforcement, is an infrared breath analysis machine and not a blood test, a skillful defense attorney can attack this type of evidence.

Fortunately for us most prosecutors have no idea how inadequate infrared breath machines are at gathering hard evidence.  The fact is that these machines are so unsophisticated at gathering data that virtually no scholarly researcher would ever use it as a means of investigation.  Yet prosecutors assume that since the state has approved these machines, its accuracy and reliability are not subject to be challenged in a court of law.

Did you know that there are several ways to rebut the evidence presented from these unsophisticated machines if the attorney understands how these machines work?  Most importantly what causes these machines to malfunction, and that they are nonspecific to alcohol. (Note 2)

The most important fact to understand is how these machines work and how to effectively cross-examine the state’s chief witness (the operator) of this device on the alleged “accuracy” of the machine.

How about the classic roadside sobriety tests?  What I call the “opinion” gathering evidence done at the scene of arrest.  Recent studies have shown that these field tests are assumed to be valid.  However, most officers who administer these tests either require the wrong test or improperly instruct the suspect on how to perform them. In fact, these tests are often given in locations that compromise there fairness and reliability.  (Note 3).  Remember, these test were designed to be performed in an ideal setting, not on the side of the road.

Being skilled at obtaining the right data could help in obtaining a pre-trial ruling that these tests and the alleged indictment must be excluded from evidence due to lack of scientific foundation.

I leave NO stone unturned!  The bottom line here is that these cases require detailed scientific investigation, similar to a complex murder scene that involved DNA evidence or ballistics.

MYTH # 2:  IT’S IMPOSSIBLE TO WIN A DUI CASE!

Not only does the general public believe this to be true, but also so do some prosecutors.  This myth is the biggest misconception regarding DUI cases.  In fact, the good news is that experienced DUI defense attorneys “win” most of the first time offender cases when there is not evidence of a car accident or bad driving behavior.

When I say, “win” a DUI case I mean having the charges reduced to a lesser charge, different offense, or otherwise obtaining a plea that avoids a DUI conviction.  The most important thing to remember here is you don’t ever want to lose your driving privileges or land in jail.  More importantly, you want to avoid a permanent DUI conviction.

MYTH #3: ANYONE CAN DEFEND AN ACCUSED DUI CHARGE.

If a close friend needed a lawyer for a specialized field of law like IRS litigation, I would tell them to consult with a lawyer who works on IRS claims.  I would look for the most skilled attorney who is focused on this area of law.

So the most important thing to remember when choosing a lawyer is to choose one who will aggressively defend your interests.  By not investigating all your options fully you could leave yourself at the mercy of the prosecutor or judge.  Again, if you had to go against the government you’d want the most aggressive skillful lawyer going up to bat for you.

Just to drive the point home, if you remember back to the “Trial of the Century.”  In my opinion the only reason why O.J. Simpson didn’t go to jail for life was because he retained the best experts and lawyers he could find.  Not only I, but also thousands of people across the country believe that to be true.

MYTH #4:  DRUNK DRIVING IS A MINOR CRIME.

Maybe 20 or 30 years ago DUI charges were minor offenses.  Many veteran attorneys remember the days when drunk-driving charges only carried a slap on the wrist, no loss of driving privileges, and a small fine.  In fact, it was a simple walk down to the courthouse and letting the judge reprimand you for a short while.  However, those days are long gone!

Now with stricter DUI laws you need a lawyer who will represent your interests to the fullest extent of the law.  A drunken driving charge could cost you your ability to drive, and not to mention land you in jail.  So, the answer is drunk driving charges are very serious charges and you shouldn’t take them lightly.

WHERE DO WE GO FROM HERE?

THE MOST IMPORT SECRET YOU NEED TO KNOW IN ORDER TO AVOID BEING TAKEN FOR A RIDE IN COURT IS TO HIRE THE MOST COMPETENT, AGGRESSIVE, STRONG WILLED AND SAVVY ATTORNEY YOU CAN FIND!

HERE’S WHAT I CAN OFFER YOU…

If this Special Report makes sense to you in any way, then you probably have a few questions.  You may be uncertain about what to do next.  So, I’m offering a FREE, half hour consultation and audit to review your case.  Please call me while this report and your arrest are still fresh in your mind.  I will set aside time to meet with you at no cost and with no obligation!  This consultation will allow you to protect your legal rights.  You’ll be able to get all of your questions answered and go forward with confidence and peace of mind.

Here’s how it Works:

First, I’ll review the facts of your case with you.  Then, I will ask you questions and review your options with you.  When I have a clear understanding of what has happened, I’ll give you my opinion about your case.  We will discuss your chances of winning at trial and any problems I may see.  Since every case is different, I’ll tell you what I think is the best option for you under the specific circumstances.

I will also explain your legal rights and your obligations.  I’ll tell you what papers need to be filed and what reports need to be made.  I’ll also explain the entire legal process to you, so you’ll know exactly what happens from start to finish.

The most important thing is that the lawyer you chose doesn’t miss any critical details regarding your criminal charges.  These details could make a big difference in your case.  Missing some critical evidence could end up costing your thousands of dollars in court fines and insurance costs.  In addition, you could serve mandatory jail time and be marked with a permanent criminal conviction.

I will also answer all of your questions and concerns.  This way, you will understand exactly where you stand with your case.  As a result of your consultation audit, you’ll know what to expect in the coming weeks and months.  No stone will be left unturned.

I will give you the information you need in order to make an informed choice about your case.  You’ll leave my office more knowledgeable and more confident about your future.  This will give you peace of mind during this difficult time.

Remember, I am here to help support you during this difficult time.

Of course, I will discuss my fees and services with you.  I’ll tell you what I can do and explain what steps need to be taken.  I am willing to answer any questions you may have about my background and legal experiences.

This audit may save you thousands of dollars and help you avoid future problems and aggravations of having a DUI record.  The consultation is 100% FREE and without obligation.  There will be no one to pressure you.  I treat everyone with the same respect and courtesy I expect in return.  You will get a FREE audit and review as well as the opportunity to learn your rights and options available to you.

I will tell you the pros and cons of your case.  It’s my sincere hope that during this interview, I can help you find a way to put your mind at ease and help you feel better about your situation.

WHAT’S MY GUARANTEE TO YOU?

I will invest my time, my resources and abilities into your case.  This is my guarantee of commitment to you.  I’ll do everything I can to help you avoid the pit falls that occur with the legal system so you can move on with your life.  Since DUI cases can be emotionally draining, I want you to understand that I know what you’re going through.  That way, you can start sleeping better at night again.

THE WORST THING YOU CAN DO

IS DO-DELAY OR DO NOTHING!

Many people have told me they wished they had acted sooner before important evidence was lost in their case.  They lost vital evidence that was important to their defense.  I have encountered many people who decided not to retain a lawyer for one reason or another.  However, they find themselves years later wishing they would have gotten sound advice.  It’s unfortunate but TRUE!

Please don’t let this happen to you.  If you’re in a situation where you don’t know what to do and you can’t seem to figure things out, then that’s more of a reason to call my office.  I understand that you have a lot of questions and concerns on your mind.  A DUI on your permanent driving record will ultimately affect your life in one-way or another.  However, not doing anything at all won’t change your situation.

TO TAKE ADVANTAGE OF MY NO RISK, NO HASSLE OFFER

JUST CALL 615-345-1988. 

Again, I will be more than happy to answer your questions and give you the benefit of an objective legal analysis.  Then, it’s up to you to decide what you want to do.  Even after that, you are under no obligation to use me as your attorney.

Thanks again for reading this Special Report.  I look forward to hearing from you!

Remember, I’m here to help you in anyway I can.  I’ve dedicated myself to serving each and every client by offering them the information they need to make one of the hardest decisions in their life.  The truth of the matter is a DUI conviction on your permanent record is a life changing condition that shouldn’t be taken lightly.

Appointments are very limited.  All requests will be given on a first-come-first serve basis. 

For More DUI Information go back to my DUI Website DuiTrouble.com, I have included the following information:

1.  The DUI Myths is adopted from the classic article of noted DUI lawyer Bubba Head that appeared in the 1993 issue of Trial Magazine.

2.  Reese I. Joey & James Lovett, The Trial Workbook (1986).

3.  Spureon N. Cole & Ronnie M. Cole, New Proof That Field Sobriety Test are “Failure Designed” DWI J.L. & SCI.

4.  Adam Gelb, Georgia’s DUI scandal; Car insurance often fail to flag driving records, Atlanta J., Nov. 6, 1978.            Copyright 2001 ELPDG, Inc.

I help good people restore their lives

-Lee Martin is a Nashville criminal defense lawyer who has gained national recognition as a DUI and criminal defense attorney.  With over a decade of experience, he knows how to get results in DUI cases.  If you are seeking an experienced DUI defense attorney, use his experiences to your advantage.  If you need help with a pending DUI charge, give him a call at 615-345-1988.

National Trial Lawyers Top 100 in the areas of DUI and criminal defense.

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