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TRAFFIC TICKETS and DUI
DUI arrests are initiated in 99%
of all cases by a violation of the vehicle and traffic laws. A policeman or peace officer sees a driver of a car make a technical violation of the rules of the road. This gives the right to pull the car over to ticket the driver for the observed violation. However, upon making the stop the policeman may also notice that the driver appears to be under the influence of alcohol.
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Bring your case through our office. Personal Injury, defective product, Truth in Lending, Unfair Business Practices
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DUI ARRESTS
In areas near to known locations where people frequent bars, alleged traffic violations are merely a pre-text to test the driver for alcohol violations.
With our experience in litigation and criminal defense we are able to pin point the relevant issues in court and make the best case on our clients behalf.
Breathalyzer Refusal
I frequently talk to people who have plead guilty to a DWI
charge based on the advice of some other attorney. They have
been told that if they refused the breathalyzer that that's it.
Refusal is "consciousness of guilt" and they don't stand a
chance. That truly is incompetent advice. I have tried before a
jury 10 breathalyzer refusals and have obtained a not guilty
verdict in each and every one.
There are many reasons why someone might refuse a
breathalyzer other than that they know they are stone cold
intoxicated and can't possibly pass. Some of these reasons are
as follows:
- Most people have never been tested before. They don't
have any idea how intoxicated they need to be to score over
.08 on a breathalyzer. Many people incorrectly assume that
if they have had more than two they couldn't possibly pass.
In fact for an average size man who has had two drinks, this
would result in a BAC of .02. Assuming that a proper basis
has been laid before the jury this fact alone can negate the
inference of guilt from a refusal. Put another way a person
has no basis to assume he is legally guilty since he has no
practical knowledge to understand the legal level of
intoxication required to be legally guilty.
- A person may not trust a breathalyzer to be accurate. Fear
of operator errors or fluky results, may cause a driver under
suspicion to choose to exercise their legal right to refuse.
- A person may refuse because he believes he has been
stopped unlawfully. If that is the case he has no obligation
whatsoever to cooperate with police.
I have often encountered juries that won't convict
without a scientific test showing one over the legal limit.
Therefore a breathalyzer refusal is the last reason to plead
guilty.
Illegal Vehicle Stops
- A pre-textual stop is when an officer uses a minor infraction, such as having expired plates, to investigate an unrelated hunch, for example possession of drugs. During a pre-textual stop, law enforcement officers often ask probing questions unrelated to the stop, such as inquiring whether a person is on probation or parole. Pre-textual
stops are illegal because they circumvent the reasonable
suspicion requirement. A lawyer dedicated to your defense
get all of the evidence suppressed, leaving no basis to
convict you.
Attacking the Breathalyzer
Many people are surprised by the breathalyzer result. They often believe that they weren't that intoxicated.
The accuracy of the breathalyzer is directly dependant on the
skill and honesty of the operator. There are a variety of
complicated tests and controls that need to be followed
precisely before the test becomes accurate Our office knows a
variety of expert witnesses that can review the procedures
followed in the case and bring to light every error that has
been made and how it could produce a false result. Please
understand that experts can be expensive, on top of any fee's
that we would charge. |
Bankruptcy is a Federal Debt
elimination process. Our web site is designed to give you
all of the basic information you need to become
knowledgeable in bankruptcy law prior to your consultation
with our office.
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Significant filings
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Affordable Bankruptcy
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Debt Counseling
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Mortgage Elimination
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Life after bankruptcy
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Bankruptcy sparks intense emotions in
many people. The credit card industry has spent billions of
dollars trying to establish a stigma surrounding bankruptcy. At
the Law Office of Charles Andersen, we know that bankruptcy is a valid and necessary
option for many people. We are a significant filer in Chemung,
Steuben and Schuyler Counties, and dedicate
ourselves to filing bankruptcy cases which includes stopping foreclosure and repossession
of your home and assets.
Bankruptcy is the fastest and most
affordable way to get out of debt and increase your credit
score. Our office has guaranteed payment plans to make
getting out of debt more affordable. At
the Law Office of Charles Andersen, our no money down
chapter 13 wage earner plans can shift the costs of filing for
bankruptcy to your creditors and away from you. You too can
become debt free in as little as three months by using the
powerful U.S. bankruptcy laws to your benefit.
Before filing for bankruptcy you
can obtain a pre-bankruptcy counseling session with an approved
credit counseling organization in which an evaluation
of your personal financial situation, a discussion of alternatives to bankruptcy,
and a personal budget plan take place. A typical counseling
session should last about 60 to 90 minutes, and can be done in person, on the phone, or online. The counseling
organization is required to provide the counseling free of charge for those
consumers who cannot afford to pay. .
The powerful Chapter 13 bankruptcy laws can allow
you to strip off multiple mortgage liens on you property. This federal
lien strip program is available through our office to qualified wage earners
who desire a fresh start and need reorganization on secured debt .
Through Chapter 13 we can help you safely and effectively modify
both secured an unsecured debt through this federally approved
plan of reorganization.
Unlike other law firms we assist you with your
credit report after bankruptcy. Our attention to your situation is
as comprehensive as we can reasonably make it be. Your bankruptcy case
is more to us than just a matter of filling out papers and appearing in court.
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Chapter 7 & 13
If you qualify
STOP
- Creditor
Harassment
- Stop utility
shutoffs
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Foreclosure
- Car repossession
ELIMINATE
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Credit Card debt
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Medical bills
**For
cases with a wage order,
and the balance paid through a trustee as part of the payment plan
and not paid directly to the attorney. Court filing fee is
extra.
- Emergency Petitions
filed
- Ask to see a statement
of clients rights and responsibilities
Free Consultation
Reasonable rates
(New York)
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Serving Upstate New York including Elmira, Horseheads, Watkins Glen, Corning, Ithaca, Waverly, New York, NY, Big Flats, Candor, Chemung County, Dundee, Elmira Heights, Erwin, Gang Mills, Montour Falls, Nichols, Pine Valley, Savona, Schuyler County, Southport, Spencer, Steuben County, Tioga County, Tompkins County, Van Etten, West Elmira, Woodhull.
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Elmira, NY 14901
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