Possible Defenses to Drunk Driving Charges

Posted by on May 16, 2017 in Criminal Defense

Drunk driving is against the law, and there is good reason for that. Firstly, alcohol can compromise a person’s driving capability. Secondly, this compromise puts not just the driver at risk of accidents, but also the others around him.

According to the website of the Law Offices of Mark T. Lassiter, Driving While Intoxicated convictions can have life-altering consequences, such as license suspension, substantial fines, probation, and even prison time. But did you know that you can challenge DWI charges? You may reduce your penalties or dismiss the charges themselves using the right perspective in your defense.

Viability of arrest

If you have been pulled over, arrested, and detained even without probable cause, all the evidence gathered in that period may be deemed inadmissible in court. For example, if you have been stopped by an officer for a reason that doesn’t involve suspicious driving behaviors or suspicions of being drunk, there is a chance that the arrest will be considered inviable.

Viability of symptoms

You may have the symptoms of being under the influence of alcohol, but it doesn’t mean that you are, because these symptoms are not exclusive to drunk people. Some of the most commonly challenged symptoms include fatigue, lack of sleep, and redness of eyes.

Viability of tests

The website truslowlaw.com mentions that blood alcohol content has a legal limit of 0.08%. Many DWI charges revolve around the fact that the driver has blood alcohol content that is greater than this legal limit. Your blood alcohol content can be determined through tests, but these tests can be inadmissible in court if they have been wrongly administered by the arresting officers.

Viability and accuracy of tests results

There may be substantial reason to believe that the tests results are invalid, like when there is a defect in the machines involved or there is a mistake in the testing procedure. The accuracy of test results can also be questioned, as there are instances where it is wrongly influenced by food, non-impairing drugs, and medication.

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The Devastating Effects a “Rape of a Child” Conviction

Posted by on Apr 3, 2017 in Criminal Defense

The Devastating Effects a “Rape of a Child” Conviction

Rape is a type of sexual assault that can be committed by a person on either a male or a female of any age. It always involves forced and unwanted sexual intercourse, The rapist, who is the offender, uses violence to threaten his/her victim, or force to have control over the other person. In some occasions, alcohol or illegal drugs is used by the offender to impair a victim and render him/her without any capability to fight back and defend himself/herself. A rapist may be in the person of a date, a friend, an acquaintance, a kin, a stranger or, in certain instances, a family member or even a spouse. So long as it is forced and unwanted, then it shall be considered a crime. In a rape charge, the following are alleged:

  • There was force applied;
  • The offender may be in a position of authority and uses this authority to coerce the victim to submit to his/her malicious intents; and,
  • The victim has a physical or mental condition which renders him/her incapable of expressing consent.

If an act of rape is committed against a person under a certain age, then the offense would be “rape of a child” or “statutory rape.” Statutory rape “is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex. Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex under rape statutes in all states. These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition.” Rape of a child is determined based on the victim’s age. This offense falls under three degrees:

    1) Rape of a child in the first degree. This felony is committed if the victim is under the age of 12 (and not married to the offender) and if the offender is at least two years older than his/her victim.
    2) Rape of a child in the second degree. A person will be charged with class A felony if he/she had sexual intercourse with someone who is 12 or 13 years old and not married to him/her; the offender should be at least three years older than the victim.
    3) Rape of a child in the third degree. A person who has sexual intercourse with another who is either 14 or 15 years old and not married to him/her can be charged with a class C felony. The offender should also be at least four years older than his/her victim.

Rape of a child is a very serious crime. The possible consequences of a conviction can include:

  • Lifetime registration as a sex offender;
  • Prison sentencing (there may be a mandatory minimum); and,
  • Substantial fines imposed by the court

Worse than these, however, is the devastating impact a conviction will have in the life of the convicted. Saving oneself from a conviction requires a very strong defense from a seasoned and highly-skilled criminal defense lawyer.

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