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No matter how many warnings are out there concerning drinking and driving, countless numbers of people still do it every day. It’s not possible to know exactly how many people violate this law because most of them go without getting caught. Sooner or later it’s bound to happen; individuals become brave after getting away with it and eventually make another wrong decision at the wrong time. Driving while intoxicated can turn into a DWI felony charge in the blink of an eye. Felony charges will always carry jail time, whether it is in a local, state, or federal prison. Depending on the person’s criminal record the punishment will vary.

Most of the time it’s easy to tell if someone is driving while impaired. The vehicle may swerve or make other erratic movements, as well as going at a speed that is too fast or too slow. It’s very fortunate for everyone on the road when a person that has been drinking and driving is pulled over and arrested before anything bad happens. It’s a known fact that accidents can be caused because of the weakened reflexes and compromised judgment. There are additional charges that will apply if an accident does occur. Furthermore, if someone is killed as a result of the wreck the driver will be charged with vehicular homicide. Needless to say, a lengthy stay in jail will follow.

It’s true that some drivers that are caught drunk only get what some people call a slap on the wrist. This can include punishments such as probation or community service. It’s debated that such criminals should receive a harsher consequence, because they will feel free to do it again. While the law remains the way it is, it’s highly suggested that all drivers keep a sharp eye out for anyone that could be a danger on the road.

Source: LawAndTheLawyer.com

We’ve all heard of them and never want to experience them – field sobriety tests. You know what those are right? Sometimes on your drive home you see someone pulled over by the cops standing out on the road doing something stupid? Those are field sobriety tests. And today a Seattle DUI attorney is going to tell you a little bit about one of them – the one leg stand.

Field sobriety tests in general are meant to test one thing – divided attention. That means the goal is to try to get you to do two things at one time. Apparently, someone thought this is a great indicator of whether or not someone is too drunk to drive. I won’t get into it in depth here, but this thought is backed up by absolutely no scientific validity. None. So, every time you take a field sobriety tests (you should just decline them instead – ask any DUI attorney and they’ll tell you that), you are trying to beat a test that has no true way to be measured.

The one leg stand test is a pretty simple test, until you try to do it. It’s a balancing test where, you guessed it, you stand on one leg. Only while you are standing on one leg you count to 30 out loud like “one thousand one, one thousand two” up to 30. You are supposed to keep your hands at your side and focus on the foot that is up in the air.

Give it a try. You might be able to do it. But if you sway, that’s a mark. If you put your foot on the ground – mark. Stopped counting, even for a second? Mark. Pull your hands away from your sides? Mark. All it takes is two marks to fail this test. Like I said, it’s extremely easy to fail, even if you are stone cold sober.

So, what’s the best way to beat this test? Not practice it. You can’t replicate the feeling of being out on a road with cars whizzing by and a cop breathing down your neck. Nope, the best way to beat the test is to not take it.

The short answer is of course you can. The long answer is of course you can, but you are putting yourself at a distinct disadvantage. But it is possible. Here are some things you need to consider, and trust me on this, because, guess what, I am a traffic attorney!

First things first, if you are going to do this on your own you have to have some idea about what you are doing. The first thing to understand is that there are no secrets. Traffic lawyers just work these tickets like other lawyers work other cases. We utilize the rules of procedure, the rules of evidence, and the rules of common sense to fight these things. And there are three places you want to do this.

Procedural problems are the easiest place to beat your ticket, so you want to look there first. To know all of the procedural rules, you need to go and read them. Whatever state you are in, just Google the traffic rules. They’ll pop up, you can read them, and then check your ticket to make sure everything was followed correctly. If there are problems that are bigger than a misspelled name or something like that, then you might be able to get your traffic ticket dismissed.

Next up is scientific reliability and the radar gun. If you got buzzed with a radar or laser, to find you committed the infraction, the court has to find that the radar gun was scientifically reliable on that day. In Seattle, this information is in the rules of procedure. But it is also important to understand the rules of evidence and how they apply to scientific information.

Finally, you look to the officer’s report itself (we almost never call the officer in to testify – it just doesn’t make sense). The officer’s statement has to have enough information to allow the judge to find that you were speeding. Try to find weaknesses in the story and show them to the judge, arguing lack of proof.

There you go. How to fight a traffic ticket without a traffic lawyer. Not as easy as it might seem. But possible. If you really want your best shot, though, you should get some help.