The Court Of Public Opinion

Many people charged with DUI want to know what a DUI attorney can do for them. It’s a very direct question, which some attorneys have a hard time answering. It’s a good question because it is so direct and to the point. The person would like to hire an attorney and wants to know how the attorney can help. The potential client wants to know if the attorney has magical skills to make their case disappear. They want someone to guide them through the process, to be there for them, to reassure them, explain the tortured procedures and be their rock throughout this DUI ordeal. They want an attorney who can feel their pain and anxiety.

So, how do you hire a DUI attorney in Connecticut?

Get the names of the attorneys practicing DUI law only. Some criminal attorneys also have large DUI practices. There are not many of them. Ask friends, family and other associates if they know any of them and garner their opinions. Do some homework. Go on the web for DUI attorneys in your area. Many of these attorneys advertise in many ways.

Some attorneys claim to have a heavy emphasis of DUI cases. What does that mean? What is the attorney’s DUI caseload like? Is he busy? Does he handle 200 or more DUI cases a year? How many DMV cases does he handle? Being a busy practitioner insures familiarity with the process and a greater knowledge of the law. If he’s busy, that means clients think highly of his expertise. It’s like anything else, the more you do, the more you learn and the more varied the cases usually are. All of this translates into knowledge in the area of DUI law. The more the attorney knows, the better off you are!

Make an appointment with the DUI attorney. They usually offer a free initial consultation. Feel the attorney out. Ask yourself Do I feel comfortable with the attorney? Ask him if he is trained in the operation of a breath test machine and certified with regard to the Standard Field Sobriety Tests.

You need to know what the attorney charges. Is it a flat fee or does he charge by the hour? You want the fixed, flat fee. It makes sense. If expert witnesses are needed, who pays for them? Is the cost of a trial extra? How much extra? Ask yourself if you can afford this guy? Understand that fees for a DUI specialist are high, but those fees pale in comparison to what it could cost if you hire someone that’s inexperienced. Fees are high for a reason and you should ask what those reasons are. Does the DUI lawyer offer a payment plan?

You may ask Why do you need a DUI lawyer at all? The answer is there are many things a conviction affects such as your job, various licenses, i.e. securities licenses, nursing license, license to practice law, commercial driver’s license, a medical license and life in general. Also, the penalties are different if you are under 21 or under 18. Abe Lincoln said it best that A person who represents himself has a fool for a client. Remember, you will have a corresponding DMV case and only the DUI attorney will know how to practice in this maze of confusion.

You should look for an attorney who will fight to protect your rights. Walk out of the office of any attorney that tells you to just plead guilty or apply for the program that gets the case dismissed. You are not in his office to have him tell you what you can do for yourself. Doing nothing gets you nothing and it oftentimes lands you in jail along with a license suspension and higher insurance rates.

Even if you find a good attorney, there are no guarantees. However, a good Connecticut DWI attorney should promise to represent you to the best of his ability and do everything he can to minimize fines and stop you from going to jail or losing your license.

Connecticut DUI attorney Steven A. Tomeo has been practicing law since 1969. His offices are located throughout Connecticut and he limits his practice to drunk driving defense exclusively. You can visit http://www.ctduiattorney.com/ for more information.

Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can’t sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.

In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That’s also why it’s dangerous to take anecdotal advice.

For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it’s legally required. It means that they are being cautious in this litigious society.

I recently photographed some huskies at a public park. I wasnt trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as false light) in my photos. Further, since animals don’t have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.

What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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In general, you may photograph people when they are in public. The use of those photographs, however, can be restricted due to certain privacy rights. Privacy rights are recognized in most states, but are different for each one. Since its tricky to know what you can do, the safest approach to follow is the most restrictive one.

One right of privacy also known as the right of publicity is the commercial appropriation of someones name or likeness. It happens when the name or likeness of someone is used without consent to gain some commercial benefit, such as when a photograph of a person is used in an advertisement without the persons permission. That is why model releases are so important. It is evidence that you have the persons permission to use his image for certain purposes.

So what do you do when you travel to foreign countries to photograph the people there? Do you need a model release? What if the people dont speak English?

Nevada Wier has published thousands of travel photographs from all over the world. Her advice in her book, Adventure Travel Photography, is:

If you plan to use your photographs for publication or stock, I think it is wise to have signed model releases from any people you photograph in a foreign city, no matter what their nationality or what the shooting situation is. (Even though lawsuits aren’t currently common in the rest of the world, this might change.) Translate your release forms into the language of the country you’ll be traveling and photographing in. In more remote regions it is a bit trickier to get signed model releases, and not always appropriate. People may be suspicious, confused or frightened if they’re asked to sign a piece of paper. Use your common sense.

I couldnt have said it better.

Take my advice; get professional help.

Photo Attorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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