Posts Tagged ‘Best DWI Attorney’

Challenging Evidence from Breath Tests and Blood Tests — DWI Defense Louisiana

New Orleans DWI DUI Attorney 

Elizabeth B. Carpenter, Esq. —  DWI DUI Attorney New Orleans 

 

 

Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!

 

 

By Elizabeth B Carpenter

Challenging Evidence from Breath Tests and Blood Tests

 

One of the first forms of testing that is often utilized in Louisiana DWI investigations is that of the breath test, commonly taken with what is known as the Breathalyzer. This test is simple and requires that the subject breathe into a machine which samples the breath. This can then deliver a reading on the blood alcohol concentration (BAC) of the subject; if it is over 0.08 percent it can give the law enforcement officer evidence to arrest for drunk driving. This, however, is often a test that can be prone to error and can result in serious erroneous readings.

 

For example, should the defendant fail to take a deep breath, it can cause them to breath from their mouth instead of deep from their lungs – this can cause a faulty reading. Similarly, if there is the existence of mouth alcohol or if the test is administered in the absorptive phase, then the reading can’t be trusted. The most common source of error, however, is the fact that these machines are incredibly delicate and require consistent calibration to ensure that they are working. If they are not maintained perfectly on schedule, an experienced attorney will be able to work with you to combat the evidence.

 

The blood test is commonly believed to be the most reliable form of testing and in many ways this is true. This form is test requires that a blood sample be drawn and then sent to a lab for testing. While this is scientific and very formulaic, it can still be prone to error. One prime example of a cause of error is the fact that the sample is required to be stored in a very specific manner. If it isn’t (for example, if preservatives aren’t properly mixed in or anticoagulants not used), then the sample can “go bad.” Another source of error is that the chain of custody can somehow become broken – making it an unreliable form of evidence.

 

Contact

 

When you are dealing with criminal charges pertaining to drunk driving, you need an aggressive attorney that you can rely upon.  Contact DWI DUI Attorney Elizabeth B. Carpenter — Available 24/7 to help you.

New Orleans cop suspended indefinitely after online rant about Trayvon Martin killing

Criminal Defense Attorney New Orleans

 

Elizabeth B Carpenter Law — Attorney New Orleans

 

New Orleans cop suspended indefinitely after online rant about Trayvon Martin killing

 

By Brendan McCarthy, The Times-Picayune

A white New Orleans police officer involved in the recent fatal police shooting of a young black man has been suspended after  posting comments below an online news story in which he said that a black youth in Florida who was killed by a civilian deserved to die because he acted like “a thug.” Officer Jason Giroir wrote, “Act like a Thug Die like one!” below an article posted Sunday on wwltv.com about local citizens rallying to protest the fatal shooting last month of Trayvon Martin, an unarmed 17-year-old who was fatally shot while wearing a hooded sweatshirt and walking through a gated community.

 

Trayvon Martin march in New Orleans

Students at Martin Luther King, Jr. Charter School in New Orleans took part in a hoodie march for justice Monday, March 26, 2012 in support of Trayvon Martin, the Florida youth who was gunned down last month by a neighborhood watch volunteer. Trayvon was unarmed and carrying only a pack of Skittles and a bottle of iced tea when he was shot in the gated community where his father lives.March in support of Trayvon Martin gallery (4 photos)

Martin’s encounter with a gun-wielding neighborhood watch volunteer has touched off a national debate about racial profiling and the morality of “stand your ground” laws, which allow people being attacked to defend themselves with force if necessary.

On WWL-TV’s website, after a commenter named Eddie Johnson criticized Giroir’s initial comments as racist and questioned whether a hooded sweatshirt makes someone a thug, Giroir responded: “Eddie come on down to our town with a ‘Hoodie’ and you can join Martin in HELL and talk about your racist stories!” He ended the sentence with an emoticon that depicts a tongue wagging.

In a news conference Monday, Police Superintendent Ronal Serpas said Giroir’s postings caused him great concern. The office is indefinitely suspended without pay, Serpas said.

“To say I’m angry is an understatement. I’m furious,” Serpas said.

Serpas repeatedly said Giroir’s views do not reflect those of the NOPD.

Giroir’s attorney, Eric Hessler, said Monday that Giroir spoke to NOPD internal affairs investigators Monday and admitted authoring the postings.

“His statement is ‘Yes, I did it,’” Hessler said. “He certainly didn’t mean it as a racial comment, as an offensive comment, although it came out that way. He acknowledges he should have chosen better words. I couldn’t agree with him more.”

Hessler said his client is not a racist.

“It was a boneheaded comment. He admits so.”

Giroir’s wife also posted a similar comment about Martin — “He acted like a thug and died like one” — under the WWL-TV story.

 

jason-girior.jpg

 

Giroir, 35, of Covington, was recently under investigation for his role in a fatal shootout earlier this month in Mid-City.

The incident occurred after Giroir early one morning pulled over a vehicle that allegedly had a broken license plate light. Inside the car were two brothers, Justin and Earl Sipp. Both are black.

Giroir had called for backup during the stop. Two officers, Anthony Mayfield Jr. and Michael Asevedo, responded. All three officers are white.

Police officials have said that Justin Sipp suddenly opened fire on police, prompting Giroir and Mayfield to return fire. Mayfield and Asevedo were severely wounded, but Giroir was unscathed. The NOPD has not suggested that the shooting was unjustified.

Hessler said Giroir has been cleared in the shooting and returned from reassignment to regular duty in the 8th District.

The NOPD did not respond to a request for comment Monday evening about Giroir’s reassignment.

 

 

At the time of the shooting, Giroir’s Myspace profile featured comments that suggested he sometimes bends rules in his job. The profile read:

“Hello, my name is Jason C. Giroir. I have been a New Orleans police officer for almost 10 years. I enjoy my job because I like to make a positive impact in life. Sometimes that means not doing everything by the book. Everyone who knows me understands what I mean.”

He calls his family his strength and motivation. Under the category for occupation, Giroir wrote: “Punisher.”

On his Facebook page, Giroir also wrote: “I have been in Law Enforcement for about as long as I could vote. I do it because I like it and have the chance to make a lot of money.”

Giroir was involved in an incident in April 2006 in which a black motorist — the wife of an NOPD cop and the sister of another officer — alleged she was beaten outside her Gentilly home.

Police said Jonie Pratt, the wife of NOPD Detective Desmond Pratt, was speeding and ran a red light. Three officers followed her to her house in the 4200 block of Touro Street.

Pratt said when she questioned the officers — Giroir, Joseph Haines and Ryan Vaught — about the stop, they responded by pulling her out of the car, cursing her, and punching her, fracturing her wrist and causing lesser injuries. Two of the officers were white and one was black.

A misconduct allegation against Giroir was not sustained by the NOPD’s Public Integrity Bureau. The District Attorney’s office refused charges against Giroir, citing insufficient evidence, according to NOPD spokeswoman Remi Braden.

The city later settled a federal civil lawsuit filed by Pratt, but city officials did not respond Monday to questions about the size of the settlement.

Vaught was part of a group of officers that served a search warrant on a Gentilly home a week after Sipp was killed. During that raid, in which police were searching for marijuana, NOPD Officer Joshua Colclough fired a single shot that killed unarmed Wendell Allen, 20. That case is under investigation.

The two recent shootings by New Orleans police of young black men sparked a wave of protests in recent weeks, with the Allen case in particular prompting outrage from relatives and civil-rights leaders. Giroir’s comments will doubtless inflame those tensions; leaders of the local NAACP branch have scheduled a news conference for this morning.

“Our city has been sitting on a precipice of civil unrest, particularly following the murders of Justin Sipp and Wendell Allen by NOPD officers,” the group said in a statement Monday. The group also panned “the existing culture of the NOPD” and questioned how Giroir could feel comfortable making such statements.

City leaders have been trying to cast the NOPD as a department on the mend after a series of scandals involving use of force, most involving black victims shot or beaten in the aftermath of Hurricane Katrina. The city, the NOPD, and federal officials are negotiating a wide-reaching consent decree that will mandate numerous reforms and establish benchmarks that the department must meet.

A scathing report by the U.S. Department of Justice last year found disproportionate use of force by NOPD officers against black people. The report also found that New Orleans police are far more likely to arrest black youths than white ones, both for serious crimes and offenses like disorderly conduct.

The report called on the NOPD and city leadership to “acknowledge community concerns regarding discriminatory policing.”

Serpas nodded to the palpable tension Monday, saying he understood that Giroir’s statements may “cast a new doubt” on the department, “and that is regrettable.”

He added that the NOPD is comprised of hundreds of officers of disparate race, gender, and ethnicity who strive to make the city better. Comments like Giroir’s “certainly get in the way,” he said.

Landrieu released a statement echoing those sentiments. “The people of New Orleans and my Administration will not tolerate this reckless and offensive behavior,” he said. “I condemn his statements in the strongest of terms.”

Giroir is just the latest local public servant to get punished for his online postings. Last week, a high-ranking prosecutor in the local U.S. Attorney’s office resigned after it was revealed he posted hundreds, if not thousands, of intemperate comments about colleagues, foes, judges, and targets of federal probes on NOLA.com.

The NOPD has had to deal with the perils of “oversharing” as well. Earlier this month, the city’s Civil Service Commission upheld the four-day suspensions of NOPD officers Damond Harris and William Torres, both of whom posted inflammatory remarks about a colleague.

Harris used Facebook to post about Torres’ alleged ability to seduce lesbians. Torres, a friend of Harris’, responded by using the initials of a fellow NOPD officer, who is a lesbian, and calling her a “douche.” That officer complained and an internal investigation commenced.

Giroir’s attorney, Hessler, said Monday that it’s clear everyone needs to “think before they type.”

The NOPD in February revised its rules and regulations regarding social networking sites. Serpas said that officers, on or off-duty, must not besmirch or embarrass the department and city they serve. He noted that once an officer does so, he or she has “bought the farm.”

St. Charles Parish DWI DUI Attorney / Traffic Ticket Attorney

Louisiana DWI DUI Attorney

Elizabeth B. Carpenter, Esq. — Attorney New Orleans 

The best way to handle a traffic ticket in St. Charles Parish is to hire Elizabeth B. Carpenter, an experienced traffic attorney, to advocate on your behalf.  Having a traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean.   Traffic tickets impact your insurance premiums for many years.

 

Ama DWI Attorney, Bayou Gauche DWI Attorney,  Boutte DWI Attorney, Des Allemands DWI Attorney, Destrehan DWI Attorney, Ormond DWI Attorney, Hahnville DWI Attorney, Killona DWI Attorney, Luling DWI Attorney, Montz DWI Attorney, New Sarpy DWI Attorney, Norco DWI Attorney, Paradis DWI Attorney, St. Rose DWI Attorney, Taft DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney.  We have handled many DWI in St. Charles Parish!  

 

Attorney Elizabeth B Carpenter

Ms. Carpenter has defended nearly every kind of  Drinking and Driving case Imaginable.  It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges.  DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Sometimes, these errors form enough evidence to have the entire case dismissed. 

 

 

 

St. Tammany Parish DUI DWI Defense

St. Tammany Parish DWI DUI Lawyer

Elizabeth B. Carpenter, Esq. — Attorney Orleans and St. Tammany Parishes 

 

 

Covington DWI Attorney, Mandeville DWI Attorney, Slidell DWI Attorney, Abita Springs, DWI Attorney, Madisonville DWI Attorney, Pearl River DWI Attorney, Folsom DWI Attorney, Sun DWI Attorney, Eden Isle DWI Attorney, Lacombe DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney.  We have handled many DWI in St. Tammany Parish!  

 

Attorney Elizabeth B Carpenter

Ms. Carpenter has defended nearly every kind of  Drinking and Driving case Imaginable.  It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges.  DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed. 

 

St. Tammany Traffic Ticket Fines


A processing fee of 2.5% is required on all payments made in the form of credit cards, debit cards or checks

Speeding 

Speeding 1-10 MPH over limit 189.50

Speeding 11-20 MPH over limit 209.50

Speeding 21-30 MPH over limit 234.50

Speeding 31-40MPH over limit COURT

Speeding 41MPH and move over limit COURT

Speeding in School Zone

Speeding in School Zone 5-10 MPH Over Limit COURT

Speeding in School Zone 10-15 MPH Over Limit COURT

Speeding in School Zone 15+ MPH Over Limit COURT

Seatbelt and Failure to Restrain 

Failure to Wear Seatbelt 25.00

Failure to Restrain Child – 1st Offense 204.50

Failure to Restrain Child – 2nd Offense 254.50

Failure to Change Registration 204.50 209.61

Equipment and Parking Violations

Handicapped Parking Zone Violation – 1st Offense 449.50

Handicapped Parking Zone Violation – Subsequent Offense 674.50

Inspection Sticker Expired or None 179.50

Improper Equipment 204.50

Improper Parking 204.50

Insecure Load – No Damage 254.50

Insecure Load – Property Damage 329.50

Off Road Vehicle on Public Highway 254.50

Overload or Spilling Contents 254.50

Parking in Fire Zone – 1st Offense 329.50

Parking in Fire Zone – 2nd Offense 654.50

Switched Plates 254.50

Vehicle License Expired 204.50

Vehicle License None 204.50

Moving Violations

Crossing Median 204.50

Drag Racing 329.50

Driving Through Safety Zone 329.50

Driving on Unopened Highway 204.50

Driving on Wrong Side of Highway 304.50

Excessive Acceleration 204.50 209.61

Failure to Dim Headlights 204.50 209.61

Failure to Maintain Control 204.50 209.61

Failure to Yield Right of Way 204.50

Failure to Report Accident 204.50

Following Authorized Emergency Vehicle – 1st Offense 329.50

Drivers License Not on Person 169.50

Following Authorized Emergency Vehicle – 2nd Offense 654.50

Following Too Close 254.50 260.86

Hit and Run COURT Driving Under Suspension COURT

Impeding Traffic 204.50

Improper Left Turn, No Accident 204.50

Improper Passing or Backing 204.50

Leaving Scene of an Accident COURT

Negligent Injury COURT

Passing stopped School Bus COURT

Reckless Operation (ROMV) COURT

Running Stop Sign 204.50

Running Red Light 254.50

Running or Disobeying Railroad Signal – 1st Offense 329.50

Simple Obstruction COURT

License and Insurance Violations

No Permit/Registration/Eye Goggles 179.50

Driving w/o Glasses or Restriction 204.50

No Drivers License 204.50

No Insurance Papers in Vehicle 184.50

False Information on Liability Insurance 329.50

Allowing Unlicensed Minor to Drive 204.50

Driving Under Revocation COURT

Expired Drivers License 194.50

 

 

Ignition Interlock Device Offenses — New Orleans DWI

 

 

Ignition Interlock Device Offenses — 14:334

 

No person who, as a condition of probation, is prohibited from operating a motor vehicle unless it is equipped with an ignition Interlock Device shall:

(1)  Operate, lease, or borrow a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device.

(2)  Request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.

No person shall blow into an ignition interlock device or start a motor vehicle equipped with
the device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle without an ignition interlock device.

No person shall intentionally attempt to tamper with, defeat, or circumvent the operation of an ignition interlock device.

Any person convicted of a violation of this Section may be punished by imprisonment for not more than 6 months or fine $500, or both.  

 

If you have been arrested for a DWI, contact the Elizabeth B. Carpenter — New Orleans Premiere DWI Defense.  We have the knowledge and experience that you need for a good defense.

 

 

Recent Comments