Wednesday, August 24, 2011

What To Do If You Get a DUI?

Stopped For DUI - You're Under Investigation, Now What Do You Do?

One of the most common questions that any criminal defense attorney is asked by clients, acquaintances and family is "What should I do if I am pulled over for DUI?" Well, in the first place, driving under the influence of alcohol or drugs to the extent that one's ability is impaired is an extremely serious matter. Everyone should avoid driving after they have drank alcohol or at the very least stay aware of the number of drinks you have had and don't drive if you feel impaired or believe that you are even near the Florida unlawful blood alcohol level of.08%.

If you are unfortunate enough to see the blue lights of a police car in your rear view mirror, you should keep in mind that you are required by Florida law to pull your vehicle over in a safe manner as soon as you are reasonably able. Remember that police officers have a very dangerous job and quite often the people they encounter are violent, nasty or dangerous. The officer will be alert to any indication that you are going to either try to harm him or her or try to run. So you can help to avoid a nasty or even dangerous confrontation with the officer by following a few simple steps at the very beginning. First, once you have safely pulled your car off of the road, turn off your car's engine and roll down your driver's side window. You should stay in your vehicle unless asked to get out by the officer, since jumping out and heading back to the police car could be seen as a hostile and threatening gesture by a paranoid officer. While you are waiting for the officer to walk up to your window, keep your hands visible to the officer - on the steering wheel is best. This is a good time to think about where your driver's license, vehicle registration and proof of insurance are located - the officer will ask for them and you are required by law to provide them. Fumbling or forgetting where they are will be used by the police and prosecution as evidence of impairment if there is a DUI charge.

Although you are required to give the police officer your name, drivers' license, vehicle registration and proof of insurance card, unless you have been in an accident you are not required to tell the officer any more information. You are not required to answer the officer's questions, other than to provide your name and correct date of birth (which are on your driver's license). You cannot provide false information to the officer, but you are not required to tell him or her if you have been coming from a bar, or drinking, or how much and what type of alcohol you may have had. However, in some cases in may be desirable to answer the officer's questions.

Keep in mind that the officer may only be stopping you to give you warning about a burned-out tail light, or he or she may be conducting a criminal investigation for DUI or other crimes. Everything you say or do will be noted by the officer and could be used as evidence against you in court. Remember at all times that you are probably being video taped and audio recorded by the police - whether you are standing outside your car, sitting in the back of the police car, or at the police station. Many police cars now have video cameras behind the front grill or on the dashboard. These cameras are activated by the officer and can be turned on or off at the officer's desire.

If you have not been drinking alcohol or taking prescription or illegal drugs (or you do not any reason to suspect that you are being investigated for any other crime) you generally are better off answering the officer's questions in a friendly, respectful manner. If the officer continues investigating you for a DUI, you will be better off declining to perform any physical field sobriety tests and politely ask for both breath and blood tests. Field sobriety tests (FST's) consist of an eye exam followed by usually three physical tasks. The eye exam given by police officers during a DUI investigation is called the Horizontal Gaze Nystagmus test (HGN) in which the officer will ask you to hold your head still while your eyes follow a light. The officer is looking for any quivering of your eyes as you look from side to side. Although alcohol can cause a person's eyes to quiver more than normal, there are other causes of this quivering, or nystagmus which may be misinterpreted by the officer. At any rate, the results are not recorded or objective and the judge and jury will only have the officer's word as to what your eyes did during that test. The physical tests usually consist of the Finger to Nose, Walk and Turn and One Leg Stand. These tests are difficult to do, especially under the stress of a police investigation by the side of a busy highway and often at night. The instructions for each test are detailed and officers often have learned to say them in a manner that can be somewhat confusing in order to make the DUI suspect appear "impaired". You should politely decline to take any of the field sobriety tests. The only penalty for not taking field sobriety tests is that the judge and jury will be told that you refused them, as if that in itself is an indication of your guilty conscience. However, it is easy to explain to a jury (and judges already know how hard the tests can be for a person to do the first time) that you are not particularly coordinated and that you didn't believe you could perform on the side of the road at that time. It is important not to say something like "I couldn't do those tests sober" when declining the FST's! Instead, and just as important, you should decline the FST's by asking for both breath and blood tests. Although if the officer for some reason believes that you are impaired from alcohol or drugs at this point, you may be arrested and taken to the police station for a breath test, a correct result by the Intoxilyzer breath testing machine will further prove your innocence. By Florida law, the police should give you the opportunity to arrange for and obtain blood testing at your own expense at a local medical facility. The results of that test will be invaluable as independent evidence that you have not been drinking should the breath test machine make an error and you are arrested for DUI.

If you have been drinking, but you are sure that you are not over the legal limit of.08% BAL or impaired from alcohol or drugs, you do not have to answer any questions about your drinking. You should decline politely to take any field sobriety tests, but politely ask for both breath and blood tests. This is a somewhat risky tactic, since it depends upon the accuracy of your prediction of how much your alcohol intake has affected your blood alcohol level. And, as we all know, a few drinks can effect anyone's ability to make important judgments. For that reason, this advise should only be used when you are absolutely certain that your blood alcohol level is well below the legal limit in Florida of.08% and that you are not impaired from the alcohol. If you do not know how to make a calculation of the effect various amounts of alcohol over periods of time have on your blood alcohol level, you can read more on this subject by searching for "Widmark's Formula" on the internet. There are several very rough guidelines to predict your blood alcohol level for various amounts you have consumed, however they are rough estimates whose accuracy depends upon each person's body weight, fat content and other physical and medical factors influencing alcohol metabolism.

If you have been drinking or taking drugs and you believe you are impaired from them, or that your blood alcohol level is over the legal limit of.08%, you are very likely in trouble by the point you need this advice. And since you have already disregarded the very first piece of advice given at the beginning of this article, you probably won't be able to remember or correctly follow any advice, much less legal advice. However, by this time, as you stare at the flashing blue lights and the handcuffs hanging from the police officer's belt, you are finally beginning to realize that DUI is a serious and potentially deadly offense and you are regretting your lapse of judgment. In order to minimize the impact that your lapse of judgment may have on your life, you should politely decline to answer any questions the officer asks. You should decline to take any tests - the eye test (Horizontal Gaze Nystagmus, or HGN), the field sobriety tests and the breath test. Keep in mind that refusing the breath test will result in increased suspension periods of your driver's license as well as potentially a separate criminal charge of Refusal. However, providing the breath test will likely just make it easier for the State Attorney to prove your DUI case, and if your blood alcohol level is over.15%, will result in higher fines and other sentencing provisions upon a conviction. You should expect to be arrested - be cooperative and polite at all times.

What's going to happen if I get arrested?

Once you are booked into the jail, you will be held there for at least eight (8) hours, or until your blood alcohol level is less than.05% and you are no longer impaired. Therefore, it is important not to raise a fuss, yell, scream, argue or otherwise appear impaired from alcohol if you want to go home. You may be allowed to leave at that time without having to post a bond, called Release on Recognizance (ROR) if you live locally and are employed. If you are not released ROR, a DUI bond in Pinellas or Pasco generally will range from $150 to $1,000, depending upon the number of prior DUI's and whether or not there was an accident with injury or property damage involved. You may either post the full amount of the bond yourself (keep in mind that any future court fines, costs and restitution will be deducted from your cash bond before the rest is released to you at the end of your case), or you can call one of the many bail bondsmen in the Tampa Bay area to arrange for them to post the bond for you. The bail bondsmen generally charge 10 to 15% of the bond amount for this service, and sometimes may require that you sign an automobile or home over to them as collateral. Call several bondsmen and get quotes from them before deciding which to hire if the first one sounds too expensive.

After you have been released from jail, you need to find and hire an experienced DUI attorney. You can find my advice on how to go about locating, interviewing and hiring the best attorney for you in my blog, the Florida Law Blog, at

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Tuesday, August 23, 2011

Florida DUI Fines and Penalties

Lawmakers to increase penalties for DUI in the state of Florida has been under increased pressure. Legislature has wilted under pressure, and the ever-increasing DUI fines and penalties applied accordingly.

Under regular circumstances, any individual sample of his blood, urine, or breath to be arrested for DUI with a 0.08% current alcohol caught driving a vehicle. However, even if you refuse a breath test, you can be arrested for DUI if your normal faculties are impaired by alcohol, and DUI is subject to fines and penalties.

Penalty:

These fines can be up to thousands of dollars. In more severe cases, the individual samples of blood alcohol level of 0.20 or above indicates a very hefty penalty, $ 500 to $ 1,000 or more can start going up. Just when you were a child, and mother caught with your hand in the cookie jar and the more often you are caught, penalties and fines stiffer.

Prison

The first 180 days in county jail for DUI, you can net. You can get up to another 365, and if one of your previous DUI within 5 years minimum mandatory 10 days in jail are guilty. DUI cases from some vehicles that can be classified as murder. The accused in other vehicles or pedestrians are injured due to drunk drivers, other passengers, including passengers in the vehicle. In these cases, jail terms can be up to 25-30 years.

Complex sentence

DUI school, as may be necessary to increase FR-44 insurance. In the end, you suffer alcohol evaluation and treatment if needed, be and the court "NO ABC", or no alcohol, bars, or clubs can order while on probation.

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Monday, August 22, 2011

DUI Lawyers Cover BUI

A BUI is also known as boating under the influence. Similar to a driving under the influence (DUI) charge, it involves drinking while driving watercraft, such as a boat. In the Tampa, Florida area, law enforcement officials take the charge very seriously. Anyone found operating watercraft with a blood alcohol content (BAC) of.08 or greater will be charged with a BUI. When someone is charged with BUI, they should hire a Tampa DUI attorney to help with the legal process. The offense is treated with as much seriousness as if the person was charged with DUI. Depending on whether there was a boating accident involved, if anyone was injured or killed or suffered any ill effects, punishments can be severe.

Location
Tampa, Florida has many waterways and tributaries in its vicinity. Pleasure boating is a popular pastime in the area on the bay, ocean or lake. One of the reasons people own watercraft is to get together with friends and enjoy the sun, water and tropical breezes. It is common for people to bring along alcoholic beverages while spending time with friends on their boats. The sunshine and outdoors can intensify the effects of alcohol. Loss of coordination, balance and slower reaction times are caused by alcohol. As a result, boating incidents and accidents may occur. Tampa DUI attorneys are best suited to defend these cases because they are familiar with the area's court system.

Penalties
Law enforcement officials take alcohol and boating as seriously, if not more so, as DUI. Consequences may include fines, community service, prison or supervised rehabilitation. A Tampa DUI lawyer will take the time to explain to the client arrested for BUI the penalties if convicted. The first offense is six months in the county jail and/or a fine of $250 to $500. The second is up to a year in jail and/or a $500 to $1,000 fine. If a third offense occurs within 10 years, the convicted person will spend up to five years in state prison and must pay a fine of up to $5,000.

Age
Anyone under the age of 21 that is boating while drinking will also face charges and be taken into custody with a BAC of.02 or higher. Other charges can be brought against people in this situation, such as the adult who gave alcohol to or purchased it for the minor. They can be charged with contributing to the delinquency of a minor. Any adults present may also be tested for alcohol use.
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Friday, August 19, 2011

Have Your DUI Case Evaluated by a DUI Attorney

If you are charged with DUI, then it is in your best interest to find the services of a qualified DUI attorney in Tampa as soon as possible. Charges for driving under the influence, is taken very seriously and take the penalty like a fine and mandatory imprisonment. Many people assume that a DUI charge just minor traffic offenses, but the DUI conviction, precipitation may have far-reaching consequences.

Finding an experienced Tampa DUI attorney will give yourself the best chance of being acquitted or having the charge reduced gravity, with penalties. DUI lawyers have the skills and knowledge required to interpret complex medical and scientific evidence to be used in such cases, something that most people are struggling to understand. They also know the state laws relating to DUI, court staff and prosecutors, and legal procedures to be followed.

You have the right to represent himself, but it is bad recommended unless you are an expert in legal knowledge itself. The effect is convicted of DUI in the range of higher insurance premiums to lose their livelihood, especially if you drive for a living. Along with this you will have your license suspended, whether you are guilty of the charges, and it is up to you, and then again, and prove that you are responsible enough to hold a driver license with the DMV.

Getting your case evaluated Tampa DUI attorney will help you learn more about the trial, which will be followed, possible penalties, you could be taken and what the future could result. Your lawyer will also be able to advise you on how best to go to court on the basis of what you have told them, and the available evidence. They may recommend recording the underlying transactions, which writes about the guilty can result in a reduced sentence. If you have prior convictions for DUI, your attorney can advise you how best to proceed, particularly because of the subsequent violation penalties are becoming more serious.

Your lawyer will not only help build his defense, but also to manage your affairs for you from the moment you hire them. This includes negotiations with prosecutors and other officials dealing with the DMV for you, researching all the legal precedent set in previous cases to obtain alternative proofs to the results of the investigation and all the legal formalities for the application.

Try to meet with a variety of Tampa DUI lawyer before you decide on whom to hire to represent you. Your first meeting is often free of charge and you are not obliged to employ them after that. Use this first consultation to learn more about them, how they practice their fee structure and the experience and qualifications they hold the rights. You should then make your choice based on what you considered to be best qualified to represent you and with whom you felt most comfortable with.

Sherry Adams is the host for almost 9 years, and because their profession she met some experts, such as IT specialists, doctors, and Tampa DUI lawyer who helped her when it comes to legal matters. And when she visited Florida, she met a Tampa DUI Attorney and asked some legal advice when his trouble driving.


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Thursday, August 18, 2011

Abstract Art Galleries

An abstract art gallery or museum usually hosts art exhibitions and art for sale, used as a location. Abstract art form represented in the museums of the fauvism, Cubism Surrealism, and include abstract expressionism.

Abstract art galleries in the world famous Centre Pompidou, in Paris, Stedelijk Museum in Amsterdam, and in Italy Pecci Museum of Contemporary Art and Peggy Guggenheim collection. England Annely Juda, Estorick Collection, Modern Art, Oxford, Serpentine Gallery, Tate Modern, Tate Britain, Tate St Ives, Tate Liverpool and the Pier Museum Art Gallery hosts some famous abstract art. In the United States two popular art galleries, the Museum of Modern Art and Whitney Museum adds.

Centre Georges Pompidou, Pompidou Centre generally, around 50,000 houses in art paintings, sculptures, drawings and photographs, including works are known as. On the other hand, Peggy Guggenheim collection in the Grand Canal in Venice, Italy, which mainly is a small museum at Peggy Guggenheim private art collection. However, other major American modernists and Italian futurists museum also displays the collection, Surrealism and Cubism, and includes work based on themes of abstract expressionism. Museum of the first half of 20th century European and American art to your collection has gained fame in Italy.

Some famous art galleries, houses of England. Tate Gallery of Modern Art Oxford and has some wonderful abstract art collection.Tate Gallery, Tate Britain, Tate Liverpool, Tate St. Ives and the Tate Modern, and the best in the world of abstract art, including some homes.

In America, the Modern Art and Whitney Museum exhibit famous work of abstract artists. Museum of Modern Art Vincent Van Gogh, Les, Salvador Dali, and Broadway Boogie Woogie by Piet Mondrian by the persistence of memory, among others Demoiselles d'Avignon by Pablo Picasso in the world by some of the best modern works like Starry Night, House Book. This Jackson Pollock, Jasper Johns and Edward Hopper displays works by such major American artists. On the other hand, some less well-known contemporary artists, the Whitney Museum of American Art displays.

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Wednesday, August 17, 2011

Art Paintings From Your Photo

The market for Chinese contemporary art has developed at a feverish pace, becoming the single fastest-growing segment of the international art market. Since 2004, prices for works by Chinese contemporary artists have increased by 2,000 percent or more, with paintings that once sold for under $50,000 now bringing sums above $1 million. Nowhere has this boom been felt more appreciably than in China, where it has spawned massive gallery districts, 1,600 auction houses, and the first generation of Chinese contemporary-art collectors.

This craze for Chinese contemporary art has also given rise to a wave of criticism. There are charges that Chinese collectors are using mainland auction houses to boost prices and engage in widespread speculation, just as if they were trading in stocks or real estate. Western collectors are also being accused of speculation, by artists who say they buy works cheap and then sell them for ten times the original prices-and sometimes more.

Those who entered this market in the past three years found Chinese contemporary art to be a surefire bet as prices doubled with each sale. Sotheby's first New York sale of Asian contemporary art, dominated by Chinese artists, brought a total of $13 million in March 2006; the same sale this past March garnered $23 million, and Sotheby's Hong Kong sale of Chinese contemporary art in April totaled nearly $34 million. Christie's Hong Kong has had sales of Asian contemporary art since 2004. Its 2005 sales total of $11 million was dwarfed by the $40.7 million total from a single evening sale in May of this year.

These figures, impressive as they are, do not begin to convey the astounding success at auction of a handful of Chinese artists: Zhang Xiaogang, Yue Minjun, Cai Guo-Qiang, Liu Xiaodong, and Liu Ye. The leader this year was Zeng Fanzhi, whose Mask Series No. 6 (1996) sold for $9.6 million, a record for Chinese contemporary art, at Christie's Hong Kong in May.

Zhang Xiaogang, who paints large, morose faces reminiscent of family photographs taken during the Cultural Revolution, has seen his record rise from $76,000 in 2003, when his oil paintings first appeared at Christie's Hong Kong, to $2.3 million in November 2006, to $6.1 million in April of this year.

Gunpowder drawings by Cai Guo-Qiang, who was recently given a retrospective at the Guggenheim Museum in New York, sold for well below $500,000 in 2006; a suite of 14 works brought $9.5 million last November.

According to the Art Price Index, Chinese artists took 35 of the top 100 prices for living contemporary artists at auction last year, rivaling Jeff Koons, Damien Hirst, and a host of Western artists.

"Everybody is looking to the East and to China, and the art market isn't any different," says Kevin Ching, CEO of Sotheby's Asia. "Notwithstanding the subprime crisis in the U.S. or the fact that some of the other financial markets seem jittery, the overall business community still has great faith in China, bolstered by the Olympics and the World Expo in Shanghai in 2010."

There are indications, however, that the international market for Chinese art is beginning to slow. At Sotheby's Asian contemporary-art sale in March, 20 percent of the lots offered found no buyers, and even works by top record-setters such as Zhang Xiaogang barely made their low estimates. "The market is getting mature, so we can't sell everything anymore," says Xiaoming Zhang, Chinese contemporary-art specialist at Sotheby's New York. "The collectors have become really smart and only concentrate on certain artists, certain periods, certain material."

For their part, Western galleries are eagerly pursuing Chinese artists, many of whom were unknown just a few years ago. Zeng Fanzhi, for example, has been signed by Acquavella Galleries in New York, in a two-year deal that exceeds $20 million, according to a Beijing gallerist close to the negotiations; William Acquavella declined to comment. Zhang Xiaogang and Zhang Huan have joined PaceWildenstein, and Ai Weiwei and Liu Xiaodong showed with Mary Boone last spring. Almost every major New York gallery has recently signed on a Chinese artist: Yan Pei Ming at David Zwirner, Xu Zhen at James Cohan, Huang Yong Ping at Gladstone, Yang Fudong at Marian Goodman, Liu Ye at Sperone Westwater. Their works are entering private and public collections that until now have not shown any particular interest in Asian contemporary art.

"The market hasn't behaved as I anticipated," says New York dealer Max Protetch, who has been representing artists from China since 1996. "We all anticipated that the Chinese artists would go through the same critical process that happens with art anywhere else in the world. I assumed that some artists would fall by the wayside, which has not been true. They all have become elevated. It seems like an uncritical market."

One of the key artists buoyed by this success is Zeng Fanzhi, who is best known for his "Mask" series. Five years ago his works sold for under $50,000. Today he commands prices on the primary market closer to $1 million, with major collectors Charles Saatchi and Jose Mugrabi among his fans. Now preparing for his first solo show at Acquavella in December, he is considered one of the more serious artists on the Beijing scene because he works alone, without the horde of assistants found in most other artists' studios in China. Still, his lifestyle is typical of that of his equally successful peers. When asked if he owns a mammoth black Hummer parked outside his studio, he answers, "No, that's an ugly car. I have a G5 Benz."

This success has blossomed under the watchful eye of the Chinese government. Movies, television, and news organizations are strictly censored, but on the whole, the visual arts are not. Despite sporadic incidents of exhibitions being closed or customs officials seizing artworks, by and large the government has supported the growth of an art market and has not interfered with private activity. In the 798 gallery district in Beijing, a Bauhaus-style former munitions complex that has been transformed into the capital's hottest art center, with more than 150 galleries, one finds works addressing poverty and other social problems, official corruption, and new sexual mores. The icons of the former China-happy workers and peasants and heroic soldiers raising the red banner-are treated with irony, if at all, by the artists whose works are on view in these galleries, which are private venues generally not under the strict control of the Ministry of Culture.

On the eve of the Olympics, however, the government asked one gallery to postpone an exhibition until after the games. Considered unsuitable was "Touch," a show by Ma Baozhong at the Xin Beijing Gallery of 15 paintings depicting important moments in Chinese history, including one based on a photograph showing Mao Zedong with the Dalai Lama and the Panchen Lama in 1954.

The Beijing municipality spent enormous funds to renovate the 798 district before the Olympics, putting in new cobblestone streets and lining its main thoroughfare with cafés. Shanghai, which has benefited less from government support, now boasts at least 100 galleries. Local governments throughout the country are establishing SoHo-style gallery districts to boost tourism.

One person who seems confident about the future of the Chinese market is Arne Glimcher, founder and president of PaceWildenstein, who opened a branch of his gallery in Beijing in August. Located in a 22,000-square-foot cement space with soaring ceilings, redesigned at a cost of $20 million by architect Richard Gluckman, the gallery is in the center of the 798 district. "We are committed to the art, and we wanted to open a gallery where our artists are," says Glimcher. Adding that he normally eschews the "McGallery" trend of setting up satellite spaces around the world, Glimcher insists that it was necessary to establish a branch in Beijing because there is "no local gallery of our caliber" with which Pace could partner. He has, however, recruited Leng Lin, founder of Beijing Commune, another gallery operating in 798, to be his director.

Another Western dealer who has taken the China plunge is Arthur Solway, who recently opened a branch of James Cohan in Shanghai. "I started coming to China five years ago, and I was fascinated by the energy," says Solway, who wanted to introduce gallery artists like Bill Viola, Wim Wenders, and Roxy Paine to Asia but, like Glimcher, could not find a public museum or private gallery that he considered professionally qualified to handle such exhibitions. James Cohan Gallery Shanghai is located on the ground floor of a 1936 Art Deco structure in the French Concession, a particularly picturesque section of the city. The building was once occupied by the military, and red Chinese characters over the front door still exhort, "Let the spirit of Mao Zedong flourish for 10,000 years."

"From 1966 to 1976, during the Cultural Revolution, people had nothing, but now there are spas in Shanghai and people drinking cappuccinos and buying Rolex watches-it's an amazing phenomenon," says Solway, who believes it is only a matter of time before these same newly affluent consumers begin to collect contemporary art.

Chinese collectors-or the hope that there will be Chinese collectors-are the key draw luring these galleries to Beijing. As recently as two years ago, few could name even a single Chinese collector of contemporary art. It was a truism that the Chinese preferred to spend their money acquiring antiquities and classical works. Since then several well-known mainland collectors have emerged on the scene.

Most visible is Guan Yi, the suave, well-dressed heir to a chemical-engineering fortune, who has assembled a museum-quality collection of more than 500 works. A major lender to the Huang Yong Ping retrospective organized by the Walker Art Center in Minneapolis in 2005, he regularly entertains museum trustees from all over the world, who make the pilgrimage to his warehouse on the outskirts of Beijing. Now he is building his own museum.

Another noted figure is Zhang Lan, head of the South Beauty chain of Szechuan-style restaurants throughout China; she also has assembled an enviable collection and displays pieces from it in her chic establishments. The film actress Zhang Ziyi is representative of a new class of collectors from the entertainment industry, while Pan Shiyi and Zhang Xin, chairman and CEO of the mammoth SOHO China real estate empire, have commissioned projects for their upscale residential properties.

Two collectors who are cheerleaders for the Beijing art scene are Yang Bin, an automobile-franchise mogul, and Zhang Rui, a telecommunications executive who is also the backer of Beijing Art Now Gallery, which took part in Art Basel in June, one of the first Beijing galleries to appear at the fair. These two do more than collect art. They have hosted dinners for potential collectors, organized tours to Art Basel Miami Beach, and brought friends with them to sales in London and New York. Zhang Rui, who owns more than 500 works, has lent art to international exhibitions, most notably the installation Tomorrow, which features four "dead Beatles" mannequins floating facedown, created by artists Sun Yuan and Peng Yu for the 2006 Liverpool Biennial, which rejected it.

Zhang is now building an art hotel, featuring specially commissioned works and artist-designed rooms, outside the Workers' Stadium in the center of Beijing. "I am trying to think of ways of changing my private collection into a public collection," Zhang explained to ARTnews through a translator. It isn't financially advantageous to do this in China, as no tax benefits accrue from donations to museums or other nonprofit institutions.

Zhang Rui represents the handful of Chinese collectors who are public about their activities and are building noteworthy collections. Far more typical of buying activity in China is the rampant speculation taking place in the mainland auction houses. There are 1,600 registered auctioneers, and their sales attract hundreds of bidders. Chinese buyers are more comfortable with auction houses, which have been in business since 1994, than with galleries, which weren't licensed to operate by the government until the late 1990s.

These auction houses run by their own rules, generating what sometimes seems like a "wild, wild East" atmosphere. It is, for example, fairly common for a house to get consignments directly from artists, who then use the sales to establish prices for their works on the primary market. More often, now that China has hundreds of galleries, dealers come to a sale with buyers in tow, publicly bidding up works to establish "record prices" and advertise their artists. This kind of bidding ring would be considered illegal in the United States, but in China it is viewed as a savvy business practice. There is little regulation of auction houses and few developed legal norms in the field, so that even when buyers have grievances-with fakes and forgeries, for example-they do not feel they can resort to the law. Bidding is a social as well as a business activity, and buyers are happy to flaunt their status by paying record prices or quickly flipping artworks, not only for profit but so they can boast of their short-term gains.

As the domestic market for contemporary art matures, however, many of these practices are coming into question. "Two years ago it was more necessary for me to bring my artists to auction," says Fang Fang, owner of Star Gallery in Beijing, which specializes in young emerging artists such as Chen Ke and Gao Yu. "Now that the gallery market has increased, I find it is better to keep my artists out of the auction rooms, and there is much less reason to sell there."

Two mainland firms, Beijing Poly International Auction Company, and China Guardian Auctions Company, dominate the field of contemporary Chinese art. Their combined 2007 total of more than $200 million in sales represented nearly two-thirds of all auction sales in this category in mainland China for the year. Last spring Guardian achieved $142 million in sales of classical artworks, furniture, ceramics, silver, and coins, and $40 million in sales of contemporary material. The latter figure included the $8.2 million fetched by Liu Xiaodong's Hotbed No. 1, a record for a painting sold on the mainland. In a similar range of sales last spring, Poly sold $130 million worth of works, including $27 million in a single evening contemporary-art sale. (These figures represent a slight decline for the year because both houses held benefit sales for Szechuan earthquake victims, raising more than $20 million to support relief efforts.)

Poly and Guardian reflect two vastly different perspectives on the domestic market in Chinese contemporary art. Guardian is the oldest and most respected auction house in China, founded in 1993 by Wang Yannan, daughter of Zhao Ziyang, the former Communist Party leader who was placed under house arrest after opposing the government's use of force against demonstrators at Tiananmen Square in 1989. If Poly is known for its vast resources and willingness to make deals to nab consignments, Guardian is known for its respected specialists and long-term client relationships. For example, when the Museum of Fine Arts, Boston, decided to sell 20 pieces of Qing dynasty porcelain in mainland China, it consigned the collection to Guardian.

The atmosphere of a sale at Poly or Guardian is surprisingly similar to that in the salerooms of Christie's or Sotheby's. The catalogues are identical in design, and the bidding proceeds in an orderly, even sedate, fashion, despite the crowds of spectators in the room.

"From our beginning, we studied what the principles of an auction house should be, and we stick to these principles," says Guardian president Wang. She also serves on the board of the new nationwide auctioneers' association, which hopes to enforce regulations on the auction market.

Poly is an enterprise within the China Poly Group Corporation, a $30 billion conglomerate that is the privatized branch of the People's Liberation Army. Established initially to repatriate artworks and antiquities, Poly has spent $100 million buying objects such as the bronze animal heads from a water-clock fountain that were looted from Beijing's Summer Palace by British and French troops in 1860; the pieces later turned up in the West. The repatriated objects are showcased in the Poly Art Museum in the sparkling New Beijing Poly Plaza, a glass-enclosed tower designed by Skidmore, Owings & Merrill.

The more freewheeling Poly is known for practices such as putting up for auction works from its own collection or having consignors guarantee that they will bring buyers to the sale to meet low estimates. Still, even here there are signs that the market is maturing and has become too expensive for casual speculators. "These collectors that you are talking about are actually quite small collectors," explains Zhao Xu, senior consultant at Poly. "They bought for several years at very affordable prices, but now that prices are skyrocketing, the only way they can afford to buy is to sell. The collectors that I know already come from a high social status, and they can afford to buy pieces worth $1 million or $2 million and are looking for the best works, the masterpieces, to add to their collections."

When asked if Poly follows the rules of the Western auction houses, Zhao sharply retorts, "Sometimes even Sotheby's doesn't follow the rules." Or as Gong Jisui, an art-market specialist who is a professor at the Central Academy of Fine Arts in Beijing, says, "The Chinese learned this game of speculation from the Westerners who played it first."

The incident to which both men are referring is the sale of the Estella Collection at Sotheby's Hong Kong on April 9 of this year. The event reaped $18 million for 108 works. (An additional 80 works will be up for sale this month at Sotheby's New York.) The collection was put together from 2003 to 2006 by New York dealer Michael Goedhuis for a group of investors that included Sacha Lainovic, a director of Weight Watchers International, and Raymond Debbane, CEO of the Invus Group, a private equity firm.

Last year the collection of approximately 200 works was sold to William Acquavella, who consigned it to Sotheby's. Auction house officials will not discuss financial details, but Sotheby's had a stake in the collection. After the sale it was widely reported that many of the artists were angered by the auction because, they said, they had sold their works to Goedhuis at discount prices in exchange for promises that the collection would remain together for public display.

"The idea was to keep the collection intact and to see it safely into some institution," says Goedhuis, who denies that any promises were made. "The ideal situation was to see it with an institution in China, because there is no such collection." The collection was published in a book, China Onward, with an essay by leading China expert Britta Erickson, and it was exhibited at the Louisiana Museum of Modern Art in Denmark and the Israel Museum in Jerusalem shortly before the sale. According to Goedhuis, because of the rapid rise in prices, the investors chose to sell the collection with hopes that it would not be broken up.

"Since the museums in China aren't mature enough nor are they rich enough to do an acquisition like this, my hope was that Steve Wynn would do so for his sophisticated casino complex in Macao," Goedhuis says. He turned to Acquavella because, he says, he believed the dealer would bring the collection to Wynn; Acquavella paid a reported $25 million. Acquavella director Michael Findlay laughs at the suggestion that there was any indication that the collection would go to Wynn. "I think this whole thing is surrounded by so much rumor and speculation," he says. "We bought a group of paintings, and we sold a group of paintings, and that's the whole story."

According to Maarten ten Holder, Sotheby's managing director for North and South America, the firm received inquiries before the sale from several artists in the collection, wondering why the works were to be auctioned. There is disagreement about whether Goedhuis made firm promises to keep the collection together or merely made a sales pitch to artists that inclusion in the collection would enhance their reputations. Yue Minjun, who had two works in the sale, says no promises were made. And Goedhuis bought Zeng Fanzhi's Chairman Mao with Us from Hanart T Z Gallery in 2005 for the asking price, $30,000, no discount given. It sold for $1.18 million.

"You have to understand that there was no market for this work when I was buying," says Howard Farber, whose collection brought $20 million at Phillips de Pury & Company in London last October. Farber assembled 100 choice works by assiduously visiting artists' studios in Beijing in the late 1980s, accompanied by the Beijing-based critic Karen Smith, a leading author and curator in this field. A work for which he paid $25,000 in 1996, Wang Guangyi's Great Criticism: Coca-Cola, was sold at Phillips de Pury for $1.6 million. The buyer was Farber's son-in-law, Larry Warsh, who bid on several works at the sale, according to newspaper accounts. "I really didn't actually know I was going to buy the Wang Guangyi until that moment," says Warsh. "Howard has his collection, and it's not my collection, and there were many pieces I wanted from that collection that I would have wanted to buy but couldn't afford."

Many Beijing artists had agreements with Warsh to produce work for his collection and his art advisory business, which began in 2004, inspired by Farber's example in the field. "I was enamored by China, and then I was enamored by the art of China as I learned about important artists," says Warsh. "But what really hit me first was how the pricing did not make sense to me at all-everything was out of whack."

Warsh, who amassed a collection of works by Jean-Michel Basquiat, Keith Haring, and Kenny Scharf in the late 1980s, was the publisher of the now-defunct Museums Magazine, which he sold to LTB Media in 2004. He stated at one point that his collection totaled more than 1,200 works; now, he says, he owns approximately 400 paintings and photographs. Part of his collection is managed by his new business venture, AW Asia, which has a gallery in Chelsea and intends to assemble collections of Chinese contemporary art for museums and major private collectors. The Museum of Modern Art in New York recently acquired 23 photographs from AW Asia.

With Farber and Warsh circulating in Beijing for a variety of purposes, it was easy for Chinese artists to become confused about who was buying for whom and for what purpose. In recent interviews, several artists-most notably Zhang Xiaogang, who had an agreement with Warsh-pointed to him as an example of a speculator.

Warsh replies, "While some artists are not so pleased with their decision to have sold quantities of artwork at what was then their current values not so long ago, there are many artists who are not resentful and actually pleased that someone has taken an interest in their work."

New York dealer Jack Tilton, who has worked with Chinese artists since 1999, says, "All of these artists are hoping that their work finds good homes rather than getting churned in the commercial market. But they have also played a part in this market, embracing capitalism more than we have, in funny ways. They are not naive about any of this stuff."

When asked about the artists' reactions to the sale of his collection, Farber was flabbergasted: "So what? Now I am the bad guy. That pisses me off!"

A number of major collectors of Chinese contemporary art who have been in the field for some time are holding on to their collections. Uli Sigg, Swiss ambassador to China, Mongolia, and North Korea from 1995 to 1998, has built a collection of key works that he has toured in the exhibition "Mahjong" to museums throughout Europe and, most recently, the University of California's Berkeley Art Museum (September 10-January 4). Belgian collectors Guy and Myriam Ullens have used their resources to establish the first nonprofit contemporary-art center in Beijing, where they are currently exhibiting their historic collection. So far, collector Charles Saatchi has been hanging on to his purchases in preparation for opening his new gallery in London on the 9th of next month with a show of Chinese contemporary art; he has also launched a Chinese-language Web site on which mainland artists can post their works.

In comparison with Western buying, mainland Chinese participation pales. Though there are many rumors about the power of the new Chinese buyers, their presence has not been felt in the major auction houses, where most of the records are being set. "Hong Kong right now covers the global buyers, especially those from across Asia," says Eric Chang, Christie's international director of Asian contemporary art. "I am not really seeing mainland Chinese buyers-less than 10 percent-a drop from around 12 percent." Dealers in China also have seen few mainland collectors among their regular clients. "I don't know yet about collectors," says New York dealer Christophe Mao of Chambers Fine Art, which recently opened a branch in Beijing.

Despite the current shortage of mainland art collectors, China is emerging as a major art center, having become a hub for buyers from South Korea, Taiwan, Singapore, Indonesia, and Southeast Asia, and for overseas Chinese from all over the world. Reflecting this diversity is the wide range of foreign dealers among the 300 galleries in Beijing, including Continua from Italy, Urs Meile from Switzerland, Arario and PKM from South Korea, Beijing Tokyo Art Projects from Japan, and Tang from Indonesia.

"In Beijing it's getting increasingly difficult to talk about the Chinese market as a separate entity from the broader Asian art market or the international art market," says Meg Maggio, an American who came to China in 1988 and ran one of the first galleries in the country, CourtYard, in Beijing, from 1998 to 2006. Now she has her own gallery, Pékin Fine Arts, where she represents an international stable of artists. "How do you describe the market for a Korean artist showing in China or a Chinese artist living in New York?" she asks, noting that her business can come from South Korean collectors visiting Beijing or European companies doing business in China.

One factor in China's development as a center for contemporary art is the proliferation of art fairs. Beijing has two, the China International Gallery Exposition and Art Beijing; Shanghai has the newly created ShContemporary, now in its second year; and Hong Kong just launched ART HK. CIGE director Wang Yihan says her fair attracted 40,000 visitors this year, while the more high-toned ShContemporary brought in 25,000 and ART HK 08 had 19,000. These numbers may seem small in comparison with the 60,000 who crowd Art Basel, but dealers believe that the fairs in Asia are worthwhile because they attract new buyers and make Asian collectors feel more comfortable about acquiring art from galleries.

"Anywhere else, a fair is just a fair," says Lorenz Helbling of ShanghART, one of the oldest galleries in China and a participant in Art Basel. "But in Shanghai a fair feels like so much more because only there can it make an impact on several million people." He is referring not only to attendance but to the intensive publicity and official recognition given to ShContemporary in its inaugural year.

Just a few years ago it would have been impossible to try to sell contemporary art to Asian buyers, let alone mainland Chinese collectors, in the public forum of an art fair. Now, with the astounding success of Chinese contemporary art, collectors from across the region-and more than a few from the United States and Europe-are targeting China as a destination. According to Nick Simunovic, who has opened an office and showroom for Gagosian Gallery in Hong Kong, it is only a matter of time before these regional buyers turn their attention to Western contemporary art.

"My sense is that wherever you have tremendous wealth creation, the collecting cycle goes through three phases," he says. "First, people collect their cultural patrimony, and then they collect their own contemporary art. I think the final stage is when they gain a more globalized contemporary-art approach."

Gagosian first considered opening an office in Shanghai but encountered obstacles to doing business on the mainland. The most formidable of these is a 34 percent luxury tax on art, which foreign galleries that participated in ShContemporary found difficult to avoid. Hong Kong, by comparison, is a duty-free zone. And Simunovic found that even Jeff Koons was a tough sell in Shanghai, whereas Hong Kong offers more possibilities for Western contemporary art. Just a year ago Hong Kong billionaire Joseph Lau paid $72 million for Andy Warhol's Green Car Crash (Green Burning Car I). In May Christie's brought a Warhol portrait of Mao, valued at $120 million and for sale privately, for viewing in Hong Kong. (At press time it had not yet been sold.)

"Sure, China is hot, but that's just the peak of the iceberg," says Lorenzo Rudolf, former director of Art Basel and cofounder of ShContemporary. "This is not just about a group of Chinese painters. It's about a growing market going on in this continent."

With the sheer abundance of galleries, auction houses, and art fairs in China, the larger art world is recognizing the power of the Asian market. Standing in an auction house in New York or London watching paintings by Chinese artists sell for millions, one can grouse about this boom and hint that it will turn out to be a bubble. But strolling in a bustling gallery district in Beijing, with students and tourists crowding the cafés and boutiques and filling the huge art showrooms, few would predict a downturn in the near future.

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Tuesday, August 16, 2011

Your Right to a Criminal Attorney

Every citizen under the Constitution of the United States court in Tampa, a Tampa criminal cases is entitled to be represented by counsel. This also means that a lawyer who is competent and experienced with your case deserves to be represented by.

If you have the financial means to hire a private Tampa criminal lawyer, do not you deserve rather than a court appointed attorney. You are reading the Miranda rights, which is mentioned at the time of arrest. To be eligible for a court appointed attorney you should at least fall into the following:

Charged with a felony or Class A misdemeanor
Teen charged with an offense of juvenile delinquency
Probation violation

Violation of an order of supervised release, or modification, reduction, enlargement, extension or cancellation of a monitoring order has been facing
Entitled to a mental health hearing
A material witness in custody
Tampa criminal lawyer appointed is entitled under the Sixth Amendment
Face Loss of Freedom
Entitled to an attorney

During each phase of the court and the state is paying for his legal advice that the public is obliged to make what would be the cost of testing.

If you can not request. The right at any time during the test is to hire a private criminal attorney Tampa.

You try again, or a decision in your case dismissed because of the incompetence of his lawyer.


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