A member of my family is in need of a attorney for DUI and just wanted to know if anyone has advice on who to use. Thanks!
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Joe Patterson in Florence or Lindsey Davis or Melinda Morgan Austin at the Holt law firm are very good.
Jeff Austin is also awesome.
For Drug or DUI , Tim Case does very good , he handles a lot of each .
Depends on which city your relative received the DUI? Let me know what city then I can provide some references. Certain judges don't like certain attorneys...I know it's supposed to be about law and not personalities, but hey, we're dealing with attorneys here.
DISCLAIMER: I'm not an attorney.
DISCLAIMER: I'm not an attorney.
Man up and face the consequences of your conduct...if you want to get drunk call a cab or a sober friend.
Thanks for all response and to SHELDIVR I was not the one charged for the offense and my family member may not have actually been drunk, he is diabetic and the fact is he may have blacked out due to his sugar level being off. In response to Shoalsguy2004 the citation was written by a state trooper in lauderdale county.
quote:Originally posted by ktstorm:
Thanks for all response and to SHELDIVR I was not the one charged for the offense and my family member may not have actually been drunk, he is diabetic and the fact is he may have blacked out due to his sugar level being off. In response to Shoalsguy2004 the citation was written by a state trooper in lauderdale county.
What was his blood alcohol level?? He either blew a Intoxalyzer/Breathalyzer or refused the test.
I was aware that you were not the offender but my comment was a more generalized statement to people who take to the roads intoxicated and put the lives of our children and grandchildren in jeopardy.
I would be interested in knowing what he blew.
being a state trooper ticket, I would call the Price & Flowers Law Firm out of Huntsville - 256-536-6000. I'm not trying to down local attorneys (because I have 2 on retainer at any given time) but most are "friends" with the prosecutors and all and don't "agressively" defend dui cases in this area. I've personally used this law firm and they've been very agressive and won my case in the City of Muscle Shoals against the Nazi Gestapos aka MSPD. Having said that, the Price law firm is also pricey, more so than local attorneys because they're one of the foremost dui defense firms in the state/country with a national network of dui defense attorneys. www.priceandflowers.com Don't wait too long before contacting any attorney, because there are really 2 separate cases here: (1) a driver license case and (2) the criminal dui case. There's a 10-day time frame where an attorney can file an administrative hearing to get a driver license suspension thrown out totally. Just because one doesn't "blow" and refuse the the breathalizer doesn't automatically mean a 90-day suspension of a driver license...even though a person refuses a breathalizer the driver license suspension can be totally thrown out without the suspension of the driver license.
quote:Originally posted by Bamafnatk:
For Drug or DUI , Tim Case does very good , he handles a lot of each .
I have a friend who would very much differ with
you on this choice !!!
quote:Originally posted by SHELDIVR:
Man up and face the consequences of your conduct...if you want to get drunk call a cab or a sober friend.
YEP...WHAT HE SAID !!!!
quote:Originally posted by SHELDIVR:quote:Originally posted by ktstorm:
Thanks for all response and to SHELDIVR I was not the one charged for the offense and my family member may not have actually been drunk, he is diabetic and the fact is he may have blacked out due to his sugar level being off. In response to Shoalsguy2004 the citation was written by a state trooper in lauderdale county.
What was his blood alcohol level?? He either blew a Intoxalyzer/Breathalyzer or refused the test.
What is the charge if you are under the influence of drugs? DUI? No breathalyzer for that is there? Honestly, I don't know. But I think ktstorm's explanation passes the smell test, so to speak.
I guess why I named Tim Case, I have been in the Lauderdale Co. court room many, many times. I am sure some clients of Mr Case is Court Appointed. Not all , but he does handle a lot of DUI and Drug Cases and had won his share of the cases. I have never had the need for him or any Attorney. I am sure anyone could say , as your friend, if they did not get charges droped or a not Guilty conviction how bad their Attorney was. What is upsetting to me ,when a DUI is some citys , the same person can and does get many DUI's with only a slap on the hand.
Thanks to all our Law Inforcement , if a person is driving Impaired in any way, be it Drugs or Dranking it may not only save their Life but some Innocent persons Life ,if they cross the center line, run a red light or stop sign crashing into someone's family member !
Thanks to all our Law Inforcement , if a person is driving Impaired in any way, be it Drugs or Dranking it may not only save their Life but some Innocent persons Life ,if they cross the center line, run a red light or stop sign crashing into someone's family member !
A person can , and has been charged , indicted and convicted for one of 3 Vehicular Homicide , Manslaughter or Murder DUI of Drugs. Yes a Court order for a Drug Test has to be granted by a D.A. and Judge if the Officer ask for it , in a timely manner. Sad to say many times this test, is not ordered or granted for what ever reason. And that person goes on with his life while the Victims family are Sentenced to a life time without their Dear Love One.
Melinda and Jeff Austin are husband and wife either one both are Great a friend of mine used Melinda and she won his DUI case.
N2CROME
N2CROME
quote:Originally posted by CrustyMac:quote:Originally posted by SHELDIVR:quote:Originally posted by ktstorm:
Thanks for all response and to SHELDIVR I was not the one charged for the offense and my family member may not have actually been drunk, he is diabetic and the fact is he may have blacked out due to his sugar level being off. In response to Shoalsguy2004 the citation was written by a state trooper in lauderdale county.
What was his blood alcohol level?? He either blew a Intoxalyzer/Breathalyzer or refused the test.
What is the charge if you are under the influence of drugs? DUI? No breathalyzer for that is there? Honestly, I don't know. But I think ktstorm's explanation passes the smell test, so to speak.
Driving while impaired.
I used to think like Shel on this one, until recently. My sister has MS and naturally slurs her speech because of it. She also has trouble with her balance. She has been cleared to drive by her doctor (she had to take 6 months off from driving after a seizure).
She was pulled over on Saturday night recently and, while talking to the officer, was slurring her words. Of course, she had to take the field sobriety test and failed. She told the officer she had MS and had all the medication for it with her. He still booked her for driving impaired and took her to the local ER for a blood draw before taking her to jail. Lucky for us, a friend was with her that called my mom and we got to her car before they towed it (or we would have had to pay for that.)
Now I don't blame police, she learned the hard way to carry a note from the Dr about her inability to pass a FSB and clearing her to drive, but, had we not had a cousin that is an attorney, we would have been out the attorneys fees for this. We had to bail her out (my mother put up the bail so we wouldn't be out the bailsbondsmens fees) and deal with all the drama involved.
What got me, though, was the prosecutor wanted to plead it out to a reduced charge instead of dropping the charges when the bloodwork came back clean (except for her MS meds) and the doctors documentation was provided. We actually had to go to court and ask the judge to dismiss it.
My point is, I have learned not to assume that someone is guilty just because they were arrested for DUI. I think driving while impaired is the most irresponsible thing someone can do and, if guilty, they should do the time, but I reserve judgement until I get the entire story.
Kirk
She was pulled over on Saturday night recently and, while talking to the officer, was slurring her words. Of course, she had to take the field sobriety test and failed. She told the officer she had MS and had all the medication for it with her. He still booked her for driving impaired and took her to the local ER for a blood draw before taking her to jail. Lucky for us, a friend was with her that called my mom and we got to her car before they towed it (or we would have had to pay for that.)
Now I don't blame police, she learned the hard way to carry a note from the Dr about her inability to pass a FSB and clearing her to drive, but, had we not had a cousin that is an attorney, we would have been out the attorneys fees for this. We had to bail her out (my mother put up the bail so we wouldn't be out the bailsbondsmens fees) and deal with all the drama involved.
What got me, though, was the prosecutor wanted to plead it out to a reduced charge instead of dropping the charges when the bloodwork came back clean (except for her MS meds) and the doctors documentation was provided. We actually had to go to court and ask the judge to dismiss it.
My point is, I have learned not to assume that someone is guilty just because they were arrested for DUI. I think driving while impaired is the most irresponsible thing someone can do and, if guilty, they should do the time, but I reserve judgement until I get the entire story.
Kirk
It's been a long time since the last one, but mekirk is today's recipient of the Stop Making Sense Award. Congratulations! Your award is in the mail.
quote:Originally posted by mekirk2:
I used to think like Shel on this one, until recently. My sister has MS and naturally slurs her speech because of it. She also has trouble with her balance. She has been cleared to drive by her doctor (she had to take 6 months off from driving after a seizure).
She was pulled over on Saturday night recently and, while talking to the officer, was slurring her words. Of course, she had to take the field sobriety test and failed. She told the officer she had MS and had all the medication for it with her. He still booked her for driving impaired and took her to the local ER for a blood draw before taking her to jail. Lucky for us, a friend was with her that called my mom and we got to her car before they towed it (or we would have had to pay for that.)
Now I don't blame police, she learned the hard way to carry a note from the Dr about her inability to pass a FSB and clearing her to drive, but, had we not had a cousin that is an attorney, we would have been out the attorneys fees for this. We had to bail her out (my mother put up the bail so we wouldn't be out the bailsbondsmens fees) and deal with all the drama involved.
What got me, though, was the prosecutor wanted to plead it out to a reduced charge instead of dropping the charges when the bloodwork came back clean (except for her MS meds) and the doctors documentation was provided. We actually had to go to court and ask the judge to dismiss it.
My point is, I have learned not to assume that someone is guilty just because they were arrested for DUI. I think driving while impaired is the most irresponsible thing someone can do and, if guilty, they should do the time, but I reserve judgement until I get the entire story.
Kirk
Are you serious???
This officer took her to the ER and then to jail? Even after she showed evidence of her condition?
Would you mind posting the the identity of the officer, prosecutor and judge?
I find it ridiculous that this type of idiocy resulted in such a hassle for her and your family, not to mention a waste of tax dollars.
You don't blame the cop? Why? The difference between someone being drunk and someone suffering from MS is that MS doesn't smell like alcohol.
What happened to the breathalyser? If she said she had MS and could prove it with meds, he should have used that before hauling her off to jail.
What happened to the breathalyser? If she said she had MS and could prove it with meds, he should have used that before hauling her off to jail.
MeKirk2...Why was she pulled over?
She was pulled over for weaving, which I do every day. Mess with the radio, chatting with a friend (she didnt have a cell at the time or I would blame it on that). It was late on a Saturday evening, she was running to McDonalds before they closed for a snack with a friend.
This happened in Savannah, TN. She was pulled over by a city officer and, on a Saturday night in this small town, thats not an unusual thing. I don't blame the officer because he was following his training. Could he have been more compasionate, yes. But the fault is in the training of how to deal with someone like this. She weaved, gave him reason to pull her over and then failed the FSB. He thought she was high.
What did surprise me was most of the ER folks know my sisters condition (shes a regular with her condition because her Doctor is in Memphis, so anything that comes up she goes to the ER) but the officer didn't listen to anyone. My mother was even at the ER after she got the car. The officer stated he had already started the booking process and there was nothing he could do.
Why the prosecuting attorney was such a pain about it I don't know. We really never expected it to have to go as far as getting in front of the judge, but when we did he didn't even call anyone up, he reviewed the file and told my sister she was dismissed and the charges were dropped.
Kirk
This happened in Savannah, TN. She was pulled over by a city officer and, on a Saturday night in this small town, thats not an unusual thing. I don't blame the officer because he was following his training. Could he have been more compasionate, yes. But the fault is in the training of how to deal with someone like this. She weaved, gave him reason to pull her over and then failed the FSB. He thought she was high.
What did surprise me was most of the ER folks know my sisters condition (shes a regular with her condition because her Doctor is in Memphis, so anything that comes up she goes to the ER) but the officer didn't listen to anyone. My mother was even at the ER after she got the car. The officer stated he had already started the booking process and there was nothing he could do.
Why the prosecuting attorney was such a pain about it I don't know. We really never expected it to have to go as far as getting in front of the judge, but when we did he didn't even call anyone up, he reviewed the file and told my sister she was dismissed and the charges were dropped.
Kirk
quote:Reply
I also had the occasion to talk to Phil Price at Price & Flowers for a DUI Huntsville case. Luckily, I didn't end up needing to use them but he, and his firm, was the most informative and knowledgeable of many I talked with about my situation.
John Odem is a young and very active lawyer. He would be a good choice.
About Tim Case, I would think lawguy could answer this, but I've always thought if you were in the courtroom at the right/wrong time, any judge could make you take a case. I do know most judges try to pick those who usually take court appointed cases.
Some yrs ago Tim Case was quoted in the paper as saying he didn't take court appointed cases. The way he said it let you know what kind of defense you would get from him if he did have to work with you on that basis.
I know Tim Case has taken some cases that were appeal cases that others had turned down for being not winnable. They were honest, so Case either had a really high opinion of himself or something else.
Some yrs ago Tim Case was quoted in the paper as saying he didn't take court appointed cases. The way he said it let you know what kind of defense you would get from him if he did have to work with you on that basis.
I know Tim Case has taken some cases that were appeal cases that others had turned down for being not winnable. They were honest, so Case either had a really high opinion of himself or something else.
quote:Originally posted by CrustyMac:
It's been a long time since the last one, but mekirk is today's recipient of the Stop Making Sense Award. Congratulations! Your award is in the mail.
Do what? What about his post didn't make sense? Evidently everybody else understood him perfectly well.
quote:Originally posted by mekirk2:
She was pulled over for weaving, which I do every day. Mess with the radio, chatting with a friend (she didnt have a cell at the time or I would blame it on that). It was late on a Saturday evening, she was running to McDonalds before they closed for a snack with a friend.
This happened in Savannah, TN. She was pulled over by a city officer and, on a Saturday night in this small town, thats not an unusual thing. I don't blame the officer because he was following his training. Could he have been more compasionate, yes. But the fault is in the training of how to deal with someone like this. She weaved, gave him reason to pull her over and then failed the FSB. He thought she was high.
What did surprise me was most of the ER folks know my sisters condition (shes a regular with her condition because her Doctor is in Memphis, so anything that comes up she goes to the ER) but the officer didn't listen to anyone. My mother was even at the ER after she got the car. The officer stated he had already started the booking process and there was nothing he could do.
Why the prosecuting attorney was such a pain about it I don't know. We really never expected it to have to go as far as getting in front of the judge, but when we did he didn't even call anyone up, he reviewed the file and told my sister she was dismissed and the charges were dropped.
Kirk
If the officer placed her under arrest at the side of the road, he can't "un-arrest" her. He might have, however, been able to arrange for a signature bond at the hospital, and recommended a dismissal at the first call in court.
Sounds like an inexperienced officer and prosecutor to me. Sorry your sister had to go through it.
I just noticed how old the original post really was.
Captain
Captain
quote:Originally posted by ktstorm:
my family member may not have actually been drunk, he is diabetic and the fact is he may have blacked out due to his sugar level being off.
If you're diabetic & you're stopped while your sugar level is off, you can thought to be drunk?
I'm not being rude, I'm seriously interested in knowing.
quote:Originally posted by semiannualchick:quote:Originally posted by ktstorm:
my family member may not have actually been drunk, he is diabetic and the fact is he may have blacked out due to his sugar level being off.
If you're diabetic & you're stopped while your sugar level is off, you can thought to be drunk?
I'm not being rude, I'm seriously interested in knowing.
Yep. Hypoglycemia symptoms appears much the same as a drunk. Nervousness, confusion, disorientation, slurred speech. No odor of alcoholic beverages, though...there is sometimes a "fruity" smell on the breath. Officers are taught to watch for this..it's not real common, and a lot of DUI attorneys play up the possibility of their client having this in an attempt to avoid conviction. The "hypoglycemia defense" was real popular with local attorneys about 15 years ago, and still lingers on.
That's not to say that there aren't people who truly suffer from hypoglycemia, and who get caught driving during bouts of it...just that it's rarer than is sometimes claimed.
Several months ago my father was pulled over by a state trooper in lauderdale county.He was charge with DUI and some minor traffic offenses.He was unable to do the field test due to arthritis? and unable to blow a breath test due to COPD.They found a empty prescrption bottle so he was charged with driving under the influence of drugs.He admitted to the officer he had taken the med about 7 hrs earlier but nothiing since.He willingly took a urine test,that later was clean.The trooper was rude and my father had to spend time in jail,pay a bond,had his vechile impounded and fight this in court.He also carries documents stating his conditions,and that he has been cleared to drive.
Thankfully the jail staff were very kind and tried to make comfortable until he was able to leave.
Thankfully the jail staff were very kind and tried to make comfortable until he was able to leave.
Cliff Wright is an awesome attorney for DUI!