Impaired Driving Lawyers Can Review the Legality of a Stop
Sometimes an impaired driving stop might end up being improperly called for. An impaired driving lawyer may assist a person who is arrested for impaired driving by challenging the legality of the stop.
The truth is that a person can only be stopped for certain reasons. A person can be stopped in the event that the person has been found to have violated a traffic law, for instance. Any cases where a person appears to be driving in accordance with local laws can be times when a person might not be taken in for a review.
In addition, a lawyer can review cases where a person has engaged in irregular driving activities. A lawyer might prove that the driving habits a person was making were not irregular or improper, thus potentially cutting down on that person’s likelihood to be charged with impaired driving.
Sometimes intoxicated driving checks can occur at places outside of official DWI checkpoints. A lawyer can get a check like this thrown out because it was used at an inappropriate time when it was not supposed to have been used.
Equipment violations can also be times when a person can be pulled over. An impaired driving lawyer can analyze the case and see if there were actually any violations like this and therefore determine if a person’s case can be thrown out. This might be used to keep a particular case under control.
The goal is to make sure that a person is only challenged in the event that there was an actual reason for that person being pulled over or checked. Any case where a court cannot find a legitimate reason for what someone was pulled over could potentially be thrown out, thus preventing a person from having to face charges in the future.
There will be a strong need to see how a stop while on the road is being reviewed. There is a potential for impaired driving lawyers to help people out with taking care of cases when a person might have been arrested for drunk driving but did not have a reason for why that person had to be stopped at a given time. A full review can be made by a lawyer to see what the issue might be with regards to the case in mind.
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Talk To An Attorney First Before Anything Else After An Accident
After you’ve had an accident, it is critical that before you talk to anyone you talk to an attorney first. This is very important to remember immediately following an accident. Chances are you may be shaken up or a bit disoriented. Even though you know you are supposed to call law enforcement before you do anything else, sometimes in the midst of all the confusion, you may inadvertently say something to someone at the accident site which may end up being used against you by the other side’s insurance company. For example, never apologize for anything while at the scene of the accident. This may seem far-fetched, but it can happen.
The very best rule of thumb is to not say anything to anyone before you speak with an attorney, except for the bare facts of what happened, and then only for the police report. Your attorney represents you and works on your behalf to get you the best settlement and result possible. There are several items an attorney will provide for you during an accident claims process:
- - They will represent you in discussions with insurance adjustors or lawyers for the other party to ensure you are not intimidated or harassed into saying something that can be used against you.
- - They can do any investigation necessary to provide evidence that may be required to prove your injuries happened as a result of the accident and the other party’s liability for causing them. Your attorney can advise you on seeking medical advice, documenting the medical evidence and can present it effectively.
- - Your attorney is just as skilled at negotiation and litigation as the insurance adjustors who are doing their best to reduce or deny your claim for compensation for your injuries. Your attorney’s job is to fight their attempts to do this in order to get you the best and fairest settlement possible.
Attorneys and insurance adjustors for the at-fault or liable party, that is the driver who caused the accident, will work their hardest to minimize what they are forced to pay out to victims of the accident. As a result of this, they will look for anything they can to show that your injuries did not occur at all or are far less severe that you claim. This is why it is so very important that if an insurance adjustor or any representative from an insurance company tries to speak with you, you decline very politely and refer them to your attorney.
The best way to handle inquiries from insurance companies is to follow the guidelines below:
- - Never speak to an insurance adjustor directly. Ask a friend or family member to speak with the adjustor on your behalf because what they say cannot be used against you if the case goes to court. If you speak with an adjustor anything you say can be used against you.
- - Have your spokesperson provide the name and contact information for your lawyer or tell the insurance representative that your lawyer will be contacting them.
- - Keep any conversation with any insurance representative as brief as possible.
- - If there is no one to speak with the insurance company on your behalf, then Say only that you were in an accident and that need your car fixed. Say nothing else, no matter what they may ask.
- - Do not say whether or not you were injured.
- - Tell you have hired an attorney and you will not make any statements at this time.
- - Do not allow the conversation to be recorded and state this in the conversation.
- - Do not meet with any representative of the insurance company alone. If they ask for a meeting, tell them to call your lawyer to set it up at your lawyer’s office.
- - Never sign anything for anyone before your attorney has reviewed and approved it for your signature. You do not have to sign anything before a certain date or because someone says you do. Refer anyone who wants you to sign or read something to your lawyer.
As a general precaution, don’t discuss anything about the specifics of the accident with anyone but your attorney, law enforcement and your insurance company once your attorney says it is okay for you to do so. Never talk to a representative of another insurance company without informing both your insurance company and your attorney. If you get calls from other insurance companies’ representatives, be polite, but refer them to your attorney or your insurance company. If they send you something in the mail, take it to either your attorney or to you insurance company and allow them to deal with it.
Settling after an accident can be a very complex and very precarious situation. This is why it is important to talk to an attorney first before talking to anyone else or signing anything after an accident.