Criminal Law - DWI & Traffic
Traffic & Criminal Law
Most traffic tickets are called "infractions." Infractions do not carry the same stigma as criminal offenses. But certain traffic offenses are categorized as "misdemeanors" or even "felonies", and can result in more significant fines, loss of driving license, or even imprisonment up to a year or more.
People accused of serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial.
Examples of traffic misdemeanors:
- Driving under the influence of alcohol or drugs,
- Failing to stop at the scene of an accident,
- Driving without a valid driver's license,
- Reckless driving.
When it comes to criminal law cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. The Nawash Law office is dedicated to defending the rights of the accused. Even in less serious cases such as misdemeanors, a good criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available.
If you have been accused of a crime, weather it is drunk or reckless driving, possession of Marijuana, leaving the scene of accident or any other criminal misdemeanor, please contact attorney Kamal Nawash for a consultation with an aggressive criminal defense attorney.
Possession of Drugs
Drug possession arrests are occurring more and more frequently, and the penalties for convictions are becoming increasingly harsher. While drug possession essentially involves the harboring or control of any illegal substance, individuals who are caught with chemicals used in drug manufacturing or apparatuses related to drug cultivation or use may also be charged with possession.
Drug possession laws are extremely complex and require the help of an experienced criminal defense attorney who can ensure your legal rights are protected every step of the way. If you or a loved one has been charged with drug possession, don't risk your rights or freedom. Please the Nawash Law Office today for a consultation with an aggressive attorney who will be on your side.
Operating a vehicle while under the influence of alcohol or drugs is against the law in every state and such offenses are taken very seriously in a court of law. Increased awareness about the negative effects of drunk driving as well as pressure from numerous activist groups has caused law enforcement officials, judges, and politicians across the nation to make a more concerted effort toward securing convictions for those accused of drunk driving. This makes it extremely difficult for individuals charged with drunk driving offenses to receive a fair trial.
If you or someone you know has been accused of drunk driving, don't face the charges alone. A knowledgeable and experienced criminal defense attorney can ensure your rights are not violated and help reduce or dismiss your charges. Please contact the Nawash Law Office today for a consultation with an aggressive attorney who will be on your side.
Violation of Probation/Parole
Probation and parole violations are serious offenses that often result in harsh penalties such as community service, heavy fines, extended jail time, and more. The consequences associated with a parole or probation violation usually depends on a number of factors, including prior convictions and/or parole violations.
If you are accused of violating your probation or parole, please contact attorney Kamal Nawash today for a consultation. We can evaluate the circumstances of your case and help you avoid excessive penalties or punishment.
Expungement is a general term used to describe the removal of information from a criminal record to allow an ex-felon to live more comfortably. This is usually accomplished through the deletion or sealing of information.
An arrest or criminal conviction on your record can negatively impact your social and professional life, making it much more difficult than it has to be. Fortunately, an expungement can clear your criminal record so past mistakes don't interfere with your future. It also frees you from having to face the embarrassment that often accompanies background check by prospective employer, lenders, and others.
If you would like to have your criminal record expunged, please contact attorney Kamal Nawash for a consultation with an qualified and knowledgeable criminal defense attorney who can help you put your past behind you once and for all.
DWI/DUI have serious consequences.
Differences between "DWI" and "DUI"?
Both terms represent operating a vehicle after consuming enough alcohol to register an alcohol level the consequence of which is arrest.
Penalties for DUI/DWI depend on whether first, second, or subsequent conviction.
Possible penalties are:
- Conviction(s) with jail or prison time
- Screening for drug abuse
- Community service
- Suspension of driver's license
- Point charges and revocation of the license for a period of time
DUI/DWI Trial Process & Defenses
If you've been arrested and charged with "driving under the influence" ("DUI") or "driving while intoxicated "("DWI"), you definitely need a lawyer to defend you in court. The following is what may happen to you in court.
The first hearing is likely an arraignment. After reading the charge against you, the judge will ask whether you plead guilty or innocent.
The judge will decide release and bail.
The prosecutor will give attorney copies of police reports and documents the prosecutor wants to use against you.
At a preliminary hearing, the judge will be decide whether the evidence against you could convince a jury you were driving while intoxicated. While procedures differ from state to state, it can be your attorney's opportunity to know the prosecution's case.
An attorney can also reach a deal where one pleads guilty for a less severe sentence than if the case went to trial.
Moreover, the Court may delay judgment until completion of probation and then dismiss case.
Attorney may bring motions to have evidence kept out of trial. Examples of such evidence include:
- Physical evidence such as alcohol bottles confiscated from the car
- Blood alcohol content testing results
- Statements you may have made to the arresting officer(s)
If you find yourself at trial, the trial is likely to proceed with:
- Jury selection
- Opening statements by your attorney and prosecutor
- Testimony from witnesses
- Examination of witnesses by both attorneys
- Motions from attorney after prosecution presented its case
- Closing arguments summarizing evidence and application of law
- Jury instructions on what law jury must apply
- Jury deliberation
- Jury verdict
If you're convicted for DWI, the judge may sentence you to:
- Pay fines
- Probation or a suspended sentence with specific conditions
- Community service
- Drug or alcohol counseling
If your driver's license hasn't already been suspended, your state may suspend it for a certain period of time or put restrictions on when and where you can drive.
You'll need a lawyer to represent you before and during trial.
Defenses to DWI
In deciding which defenses apply in your DWI case, your lawyer will look at all the evidence produced by police and witnesses.
The prosecutor generally relies on the arresting police officer's testimony about how a DWI suspect was driving.
An attorney may argue that there are many reasons for unusual driving behaviors that don't have anything to do with alcohol.
An officer may testify as to your appearance and behavior when questioned, including:
- Slurred speech
- Bloodshot eyes
- Inappropriate joking or incoherent speech
- Stumbling or not being able to walk very far
- Pupil enlargement
When an officer suspects you may intoxicated, he or she may ask you to perform "field sobriety tests" to assess physical and mental alertness, and can include:
- Walking a straight line
- Walking backwards
- Reciting the alphabet, front wards or backwards
- Standing on one leg
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.
Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
Blood Alcohol Content Defenses
The level of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests.
BAC can be determined from a blood test.
Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained.
Your attorney may subpoena police records on how the breath testing machine was maintained.
Many defenses against DWI require a lawyer's expertise and experience. If you've been charged with DWI, it's important to contact a lawyer right away.