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วันอาทิตย์ที่ 2 สิงหาคม พ.ศ. 2552

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1) Should I refuse Breathalyzer test in Rhode Iceland?

The answer is - "it depends". "There is no good definitive answer to this question at Rhode Iceland. The only right answer is, it depends on the circumstances. If you refuse the Breathalyzer test your license and / or authorization to be in Rhode Iceland automatically after the arraignment, but before a hearing or disposition of the matter on the merits. If you refuse Breathalyzer test, the chances of winning are relatively small. In case of a Breathalyzer, the State need only prove that they are likely to arrest and you have reasonable suspicion to believe that you have a vehicle in Rhode Iceland while intoxicated that you properly read your rights, and that you in fact refuse the Breathalyzer. Even if you refuse to comply with the state in general is still with you on criminal DUI the basis of (n) observations. Many, but not all, of the city and the towns will dismiss the criminal case observation, if you agree to a plea for minimum sanctions (at least 6 months) at the refusal hearing.

Breathalyzer If you lose the case, for a first offense within five years, the sentence no longer than six months to twelve months loss of license and fines and driver retraining and community service. They are also required to an expensive insurance on your car. The advantages of a rejection on a crime that the punishment for a first refusal is a civil violation, not to a conviction on your record. (Please note that a 2nd offensive rejection in Rhode Iceland is a crime!)

If you use the Breathalyzer test and is not, you are a criminal DUI. These cases are much more difficult for the prosecution to prove as a Breathalyzer refusal. Your chances of a criminal DUI case, is much larger than the case of denial! If you use the Breathalyzer, you will not automatically lose your license at the arraignment (as you would in the case of a rejection). You will lose your license only if you are convicted. In other words, you can while the case is continuing. If convicted in a criminal DUI at the first sign, you will lose your license anywhere between 3-6 months.

If convicted, you must also driving classes to the community and the expensive insurance for your vehicle. In a criminal DUI, the state must not only as a probable cause for the arrest, it must demonstrate over a reasonable doubt that you too intoxicated to operate a motor vehicle in the State of Rhode Iceland and that you properly read your rights and other legal requirements were met. If you lose the criminal DUI case, you have a criminal conviction on your record. A criminal conviction can seriously harm employment opportunities and in some cases to loss of employment. Even a second or third conviction for DUI / DWI means mandatory jail time.

2) Is there a bright line rules in Rhode Iceland?

a) Yes. If you're absolutely positive you want to take the Breathalyzer test.

b) If someone injured in an accident - neither the Breathalyzer.

c) If you already have a criminal DUI within the last 5 years, then you must refuse because you necessarily jail time.

d) If you are in a profession in which a criminal conviction violates your career or professional discipline, ie, lawyer, politician, teacher, then you probably should not.

If the bright line rules do not apply, then what?

Use a balancing test. You need to make your needs for your vehicle against the effects a criminal conviction on your life. If you absolutely need your license for your work and a criminal conviction is not on your life, then take the test if no bright line rules (eg an injury) are considered.

If you use the Breathalyzer test, you will not automatically lose your license and can be used during the criminal proceedings are pending and will only lose your license if you lose the case. Your chances to win and keep criminal case, your license is much more than a refusal case. But the downside is that you lose if the criminal case, then you have a conviction on the record and potential jail at least for a second offensive.

3) Rhode Is Iceland a person in order for the work under the license for DWI or refusal?

No. There is no exception, a person to use their vehicles for work purposes, if the license is suspended.

Rhode Iceland Impressum per RI lawyers rules of professional responsibility:

The Rhode Iceland Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in all areas of practice.

David Rhode Slepkow Iceland is a lawyer / attorney practicing dui / dwi, breathalyzer refusal and criminal law as well as divorce, personal injury, real estate and the general practice of law. David has been practicing for over 9 years and is licensed in Rhode Iceland, Massachusetts and Federal Court. Please read http://www.slepkowlaw.com for more information or to contact David Slepkow. You can also Slepkow David, if you have any legal questions 401-437-1100.

Please visit: Rhode Iceland (RI) Criminal Lawyer and DUI / DWI / Breathalyzer Refusal information, see also, East Providence, Rhode Iceland (RI) divorce, Family and Child Support Lawyer

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