DUI in California

There is no such thing as an open and shut California DUI case… there just isn’t. The prosecution could charge you with driving with a BAC of. 20%, causing an accident, and being so drunk that you could barely stand, let alone drive a car.

And yet even assuming these facts are true… which they typically aren’t… there are still a number of DUI defenses that could result in reduced or even dismissed DUI charges. This is why is it always critical to consult with an experienced California DUI defense attorney before making the decision to plead guilty.

20 Ways to Beat Your California DUI Charges

1. California DUI breath testing is subject to a wide variety of errors

California DUI breath tests are subject to a wide range of errors. These include (but are not limited to)

instrument malfunction,
improper handling by the police,
your physiological conditions (such as GERD or your diet, both of which are discussed below), and even
outside environmental factors (such as radio frequency interference, which is also described below).

While DUI breath testing is the most common way to measure one’s BAC, it’s not always an accurate one. This is because of the fact that a DUI breath test doesn’t directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and then converts that amount to determine the amount of alcohol in your blood. As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading.

2. Mouth alcohol can alter the accuracy of your California DUI breath test

DUI breath testing instruments are designed to capture a sample of breath from your deep lung tissue (otherwise known as “alveolar air”). When residual alcohol lingers in the mouth… either because
dental work trapped small amounts of alcohol-soaked food in your teeth,
you burped or regurgitated, or
you suffer from GERD, acid reflux or heartburn (discussed below)…

the breath test instrument captures “mouth alcohol” rather than simply aveolar air. As a result, mouth alcohol can trigger a falsely high BAC reading on a California DUI breath test.

3. Medical conditions such as GERD, acid reflux, and/or heartburn can contaminate your DUI breath test results

Gastroesophageal Reflux Disease (more commonly referred to as “GERD”), acid reflux, and heartburn are all recognized medical conditions that create possible mouth alcohol situations. This is because these conditions produce a flow of acid that travels from the stomach into the mouth.

When this occurs just prior to or during a DUI breath test, the alcohol that travels from your stomach to your mouth disguises the deep lung air that the breath testing instrument is intended to measure. As a result, GERD, acid reflux, and/or heartburn can cause a falsely high BAC on a California DUI breath test.

4. A low-carbohydrate, high-protein Atkins-style diet or conditions such as diabetes or hypoglycemia can trick a DUI breath test and result in a false high BAC

Self-imposed conditions such as Atkins-style diets and medical conditions such as diabetes and hypoglycemia are actually capable of self-producing isopropyl alcohol. This is because bodies that are deprived of carbohydrates turn to stored fat for energy. This process produces ketones. Ketones, when eliminated from the body through breath and urine, convert into isopropyl alcohol.

The problem… with respect to DUI breath testing… is that most California DUI breath testing instruments aren’t sophisticated enough to distinguish between this self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink). As a result, Atkins-style diets or diabetes or hypoglycemia can trick a DUI breath testing instrument into producing a falsely high BAC. Similarly, diabetes can fool the breathalyzer and should be considered as a DUI defense.

5. “Rising Blood Alcohol” can mean your BAC was higher when you took the test than when you were actually driving

Alcohol takes a certain amount of time (typically between 50 minutes and three hours) to absorb into your system. If, for example, you had just recently finished drinking… and were investigated for DUI shortly thereafter… your alcohol may not have reached its peak absorption rate. When this is the case, your blood alcohol level is still rising, which can cause a false high DUI BAC result.

This is because your BAC at the time of your blood or breath test is irrelevant… what is relevant is what your BAC is at the time of driving. Just because you have a BAC that is above the legal limit when you submit to a DUI chemical test, does not mean that’s what your BAC was at the time of driving… particularly if you were “on the rise”.

Prosecutors like to assume that everyone is beyond their peak absorption phase when they submit to California DUI chemical testing. We know, however, that this isn’t always the case and that rising blood alcohol is a very legitimate DUI defense. This “on the rise” defense applies to both DUI blood testing and DUI breath testing.

6. California DUI blood testing does not necessarily offer accurate readings

There are a variety of factors that could taint the results of your DUI blood test results:

Blood fermentation,
improper storage of your blood sample, and
blood contamination
are just a few of the reasons why your blood tests results might not be accurate. This is why we say that California DUI blood testing certainly isn’t foolproof.

Depending on the circumstances surrounding the collection and storage of your DUI blood test, your California DUI defense lawyer may be able to have your BAC results excluded from evidence. If your BAC is suppressed, your charge under Vehicle Code 23152b driving with a BAC of at least 0.08% must be dismissed.

7. Violations of Title 17 of the California Code of Regulations can compromise your BAC results

Title 17 of the California Code of Regulations sets forth the requirements for collecting, storing, and analyzing DUI chemical tests. These regulations are very specific, and any violation of California’s Title 17 can compromise your DUI BAC results.

This means that if, for example,

it’s not a trained technician who draws your DUI blood sample, or
if the DUI breath testing instrument that you use hasn’t been calibrated according to code,
your BAC could be excluded from evidence… or at the very least, its accuracy will be called into question.

8. If the officer didn’t have probable cause to stop, detain, or arrest you for DUI, the evidence–and the case–may get thrown out of court

Before the police can

stop your car,
detain you to conduct a DUI investigation, or
arrest you for a California DUI,
they must have a reasonable suspicion or reasonable belief that you are engaged in criminal activity. This reasonable belief is a legal standard known as probable cause.

If an officer doesn’t have the probable cause necessary before engaging in any one of these stages, any evidence that is obtained as a result of that illegal procedure will be suppressed. When a judge suppresses evidence, it means that the prosecution cannot use it against you. As a result, evidence obtained without probable cause usually results in reduced or dismissed California DUI charges.

9. The officer didn’t advise you of your Miranda rights

Despite common misperception, Miranda rights aren’t always required in a California DUI arrest. They are, however required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A “custodial interrogation” takes place when an officer asks you questions designed to solicit incriminating responses after you have been arrested.

If these conditions have both been satisfied, the officer must advise you of your Miranda rights or risk having any subsequent statements excluded from evidence. Depending on the significance of those statements, their exclusion could result in reduced or dismissed DUI charges.

10. There are innocent explanations for physical signs and symptoms of DUI

Most likely, the officer will claim that you exhibited

red/watery eyes,
a flushed face,
slurred speech,
an unsteady gait, and
had the odor of an alcoholic beverage on your breath.

Whether or not this description is accurate, the fact is that none of these signs or symptoms necessarily means that you are DUI.

And even if you were drinking, these characteristics don’t in and of themselves indicate that you were under the influence of alcohol and/or drugs. Additionally, innocent explanations such as

the sun,
physical injury,

can explain the physical signs and symptoms that are commonly associated with DUI.

11. California field sobriety tests (“FSTs”) aren’t accurate indicators of alcohol and/or drug impairment

Even the most reliable California field sobriety tests aren’t accurate indicators of alcohol and/or drug impairment. The three tests that have actual data to support their trustworthiness are only between 65-77% accurate at detecting impairment… and that’s only if they are precisely administered and scored (which is rarely the case).

And just like the innocent explanations that can account for physical signs of impairment, these same explanations can explain poor performance on FSTs. Additionally, factors such as

officer-induced intimidation,
bad weather conditions,
poor lighting,
uneven surface conditions, and
awkward footwear, such as boots, dress shoes or high heels

that have nothing to do with alcohol and/or drugs can cause an individual to “fail” his/her field sobriety tests.

12. DUI isn’t the only explanation for bad driving

While the police like to think that all bad drivers must be DUI, we know this isn’t the case.

Weaving, speeding, and even erratic driving are often a result of inattention or distraction. Maybe you were eating, trying to play a CD, or trying to pick up something that dropped, or distracted by your passengers.

The bottom line is that DUI isn’t the only explanation for bad driving. The reality is that sober people exhibit moments of bad driving just as impaired drivers.

13. Just because your blood alcohol concentration (BAC) was over the legal limit doesn’t mean you were necessarily DUI

Blood alcohol concentration (BAC) is affected by many different factors, not just the actual amount of alcohol in one’s body. These factors include (but are not limited to):

errors in California DUI chemical testing equipment,
errors in obtaining your DUI blood, breath, or (when appropriate) urine sample,
your medical conditions, and
when you finished drinking alcohol.

Each of these factors can independently affect the accuracy of your BAC results, so don’t let the number fool you… an illegal BAC doesn’t necessarily mean you are guilty of DUI.

14. There are inherent error rates with California DUI chemical testing

Even assuming that all testing conditions are perfect… the testing equipment has been properly maintained and calibrated, and there aren’t any physiological conditions that could adversely affect the test… there is still an inherent error rate with California DUI chemical testing.

Experts agree that California DUI chemical testing has a +/- error rate of between 0.005-0.02%. As a result, a California DUI defense attorney can challenge BAC results that are between 0.08-0.10%, since they could be lower than the minimum 0.08% required by Vehicle Code 23152b driving with a BAC of at least 0.08%.

15. California DUI sobriety checkpoints must adhere to specific legal requirements

If you were arrested at a DUI roadblock, there are a variety of issues that a California criminal defense attorney will investigate. California DUI sobriety checkpoints must adhere to very strict legal requirements… if they don’t, you could be falsely arrested for DUI.

These legal requirements relate to the operation of the DUI checkpoint. Some examples include (but are not limited to):

having supervising officers organize and oversee the checkpoint,
making sure that the field officers follow a predetermined formula for stopping cars, and
publicly advertising the DUI roadblock.

If/when these requirements aren’t satisfied, a California DUI defense attorney can effectively challenge your DUI arrest and subsequent charges.

16. Radio Frequency Interference (RFI) can contribute to a falsely high BAC result

Radio frequency interference (“RFI”) can cause a California DUI chemical blood or breath test to produce an erroneously high BAC. This is because almost all electronic devices… such as those used to analyze DUI blood and breath samples… are susceptible to RFI or EFI (electromagnetic interference).

The electronic components in these instruments can be affected by nearby radio waves. Radio transmission from

patrol cars,
the automatic door-unlocking devices found in crime labs,
cell phones,
fluorescent lights, etc…

these are just a few examples of the types of equipment that are capable of interfering with DUI blood and breath testing results.

17. If you’re not exhibiting signs of mental impairment, chances are you aren’t DUI

With respect to alcohol and/or drugs, there are two types of impairment: mental impairment and physical impairment. Most of the impairment that officers claim people exhibit during California DUI investigations is physical. Officers routinely testify that those arrested for drunk driving exhibit

an unsteady gait,
poor coordination,
red/watery eyes, and
slurred speech.

However, experts agree that alcohol and/or drug-related impairment always presents itself in the form of mental impairment first. This means that if an officer testifies that you displayed physical but not mental impairment, your alleged impairment was unrelated to alcohol and/or drug use. As a result, if you weren’t exhibiting signs of mental impairment, you probably weren’t DUI.

18. Your DUI BAC doesn’t accurately reflect your level of impairment

If a significant discrepancy exists between your BAC and your alleged level of impairment, something is wrong. This may be the case where you either (1) reportedly exhibited no impairment, or (2) exhibited even slight impairment, but your BAC was high… by even as much as two or three times the legal limit.

When this type of situation occurs (sometimes referred to as a “disconnect” case), and your DUI BAC doesn’t accurately reflect your alleged level of impairment, the evidence can’t be trusted… something just doesn’t add up.

19. You weren’t driving

It isn’t enough for the police to prove you were under the influence… the crime is driving under the influence. If, for example,

you were involved in an accident and no one saw you driving the car, or
if the police found you when you were in your parked car,
it will be more difficult for the prosecution to prove one of the key elements of a DUI: that you drove. If the D.A. can’t prove that you were driving, you can’t be convicted of a California DUI. The “no driving” DUI defense should be considered anytime the police didn’t actually see you operating the vehicle. And finally…

20. Even if you were DUI, police misconduct may absolve you of your DUI charges

If you can demonstrate police misconduct, then your DUI charges may have to be dismissed… even if you were actually guilty of DUI. This is because proper police procedures must be followed. For example,

DUI police reports must be accurate,
Title 17 procedures must be complied with, and
courtroom testimony must be truthful.

If these (or any other) conditions are purposely manipulated, evidence that was illegally obtained or fabricated will be suppressed. Depending on how severely this impacts the prosecutor’s case, he/she may choose to reduce or even dismiss your charges.

Retaliatory Eviction As an Affirmative Defense in California

Retaliatory eviction as an affirmative defense in California is the topic of this article. Retaliatory eviction can be a powerful affirmative defense if asserted and proven by a California tenant in response to an unlawful detainer (eviction) complaint. Retaliatory eviction has both a common- law and statutory basis in California. In most cases the tenant must be current on their rent payments to assert this defense.

The California Supreme Court has held that if a tenant proves retaliation by a preponderance of the evidence, he or she is entitled to a judgment of possession. And a California tenant who successfully defends an eviction complaint on the ground of retaliatory eviction is entitled to recover both actual and punitive damages as well as retaining possession of the property pursuant to Civil Code section 1942.5.

The law in California states that a residential landlord cannot take certain actions in retaliation for the tenant’s exercising his or her legal rights. Actions that can be considered retaliatory include increasing rent, decreasing services or causing a tenant to quit the rental property involuntarily.

The author worked in both commercial and residential property management and observed that while most property managers are decent people there are many who will not hesitate to take actions that would be considered retaliatory against a tenant who sticks up for themselves.

The statutory provisions regarding retaliatory eviction in California are found in Civil Code section 1942.5 which also states that a California tenant cannot waive his or her rights.

A California tenant has a valid affirmative defense if he or she can show that the landlord retaliated against him or her pursuant to Civil Code section 1942.5.

The claimed retaliatory action must have occurred within 180 days of the tenant’s lawful exercise of rights and the statutory defense may be used only once in a 12-month period. There is no limit for the common-law affirmative defense of retaliatory eviction.

The California Supreme Court held in a case over 30 years ago that both residential and commercial tenants have a common-law affirmative defense for retaliatory actions by the landlord.

Note that certain actions do not constitute retaliatory eviction such as if a landlord in good faith communicates his or her belief that the tenant is violating a term of the lease as held by a California Court of Appeal in a recent case.

Any tenant asserting the affirmative defense of retaliatory eviction needs to make sure that they have sufficient facts and competent evidence to support their defense as they have the burden of proof on any affirmative defenses pursuant to Evidence Code section 500 and they must provide proof by a preponderance of the evidence pursuant to Evidence Code section 115.

Who Can Be Tried in California?

The Penal Code of the State of California describes every aspect of criminal law in California. One of the most important aspects of a system of criminal laws is defining who can and cannot be tried for crimes. The California code specifies six conditions under which someone who has been implicated in a criminal act can avoid trial.

Children who are under the age of 14 cannot be tried for a crime, but only if it can be shown they did not understand the illegality of their actions. Children under 14 who know what they are doing is wrong are unlikely to be tried as adults, but can still face the court for their actions. Children who are over 14 can be tried for their crimes regardless, and can even be tried as an adult for many crimes.

People who are seriously mentally incapacitated cannot be tried either. People with serious mental retardation cannot be tried because they lack the ability to understand the full consequences of their actions. On a related note, the defense by reason of insanity is not often a successful one, except with people who are extraordinarily mentally ill. A mental illness must be serious enough to be incapacitating, or to make the person unable to understand the situation.

Two other conditions under which someone can avoid trial is if their actions happened under “mistake of fact” with no criminal intent, and not being conscious of one’s actions. Stated differently, if it can be shown that someone was misled or uninformed in a way that led them into actions that were illegal, without them realizing their actions were illegal, they cannot be tried. Someone who was obviously unconscious at the time of their actions-someone with a serious sleep disorder, for example-can also avoid trial.

Similar to the above, people who committed crimes entirely by “misfortune or accident” will not be tried either, so long as no malice, culpable negligence, or criminal intent can be demonstrated. Should circumstances outside someone’s control result in them accidentally committing a crime, they will not be tried.

Lastly, people who commit crimes under serious threat of violence are not to be tried. The threat must be a serious one, putting the person’s life in real danger. In addition, the crime they commit cannot be one punishable by death (such as murder) without criminal proceedings.

An Introduction to US Defense Lawyers

An US defense lawyer is an attorney, which represents a charged party in all law matters, comprising in a court of law. The charged person is generally recognized as the defendant, so the name states, defense lawyer.

Many US defense lawyers begins out as legal prosecutors for the state. The prosecutor is available as an agent or a broker of the state, acting in the interest of the fatality, but not on behalf of them directly. Criminal proceedings, where there is a prosecutor, do not carry an applicant, as such, as the party that brings charges opposing the defendant is a community agency. If a party is liable for a crime and cannot afford to appoint a private US defense lawyer, the state or the Country would assign an attorney to correspond with the defendant. Though there are many capable state-appointed defense attorneys, charged parties with means generally hire their own defense lawyer.

In a criminal proceeding, the work of the US defense lawyer is to dynamically defend his or her client by using the law to shed misgiving on the prosecution’s case. It is up to the prosecutor to induce judges beyond a rational doubt, which the defendant is guilty. The defense lawyer does not have to establish the blamelessness of his or her client, as the law reads out that a person is not guilty by default until established guilty. However, if a proof exists, which could clear a client; it is up to the US defense attorney to bring this proof out when possible.

In a civil scheduled, the work of a defense attorney becomes tougher, as the sill of guilt is reduced to a 51% prevalence or probability that the defendant dedicated the crime. Often, when defendants are established “innocent” in criminal trials, the victims follow civil remedies for all the monetary restitution. Civil courts do not pass on prison statement.

While a prosecutor could make a decent salary, a high profile California defense lawyer is one of the most profitable careers in law. Defendants with assets, which face likely prison terms, are eager to pay the most excellent lawyers to make sure the most possible chance of avoiding prison. Cases that go on for months could cost defendants millions of dollars. A glamorous US defense lawyer is as well regularly a celebrity due to the notoriety of his or her cases.

A Beginner’s Guide to Buying Shares Intelligently

Practically everyone takes a flawed approach to buying stocks. So, practically everyone ends up with a rotten loss-making portfolio.

So here’s a beginner’s (or for that matter, even an expert’s) list of dos and don’ts…

But remember… you have to do lots of “donkey” work to become a successful “bull” on the stock markets. You must also have monumental patience and play stocks with a long-term perspective. Hoping to multiply money in quick time is a definite recipe for disaster.

1. First and foremost, you have to understand and appreciate that when you are buying stocks you are NOT buying some symbols on the screen. Instead, you are buying an underlying business. You are becoming a partner in that business. Therefore, you share its profits and its losses. That is why the term… shareholder.

2. It is but obvious that you have to buy sunrise businesses. If the products and services of any industry are not in demand, it would be foolhardy to become a partner in such businesses.

3. However, quite often, two companies in the “same industry” follow diametrically opposite paths… one profitable and the other losing money. The answer to this oddity lies in the quality of entrepreneurship. Good managements make good businesses. Bad managements fail frequently. Backing proven managers is, therefore, the most sacrosanct and inviolable principle of investing in stocks.

4. Sometimes even good managements and good businesses go through tough times. Therefore, apart from ascertaining that the company is running a good business and managed by a good team, you have to ensure that it makes good sales and earns good profits. Never invest in a loss-making company, unless you see strong signs of a turnaround in the near future.

5. Operational performance is one part of the story. The other significant aspect is its financial foundation. All businesses have to withstand the vagaries of the economy. For example, too much debt may not be an issue during good times. But it can seriously threaten even the existence of the company when economic conditions turn bleak. As such, strong balance sheets always make a dependable choice.

6. Wait… a company with excellent business, excellent management, excellent financial strength and excellent profits, is not the green signal to cut your cheque. No. There is one more critical parameter – its market price. If the price is too high relative to its underlying valuation, even excellent shares will not make money for you. A reasonable PEG ratio determines a reasonable stock to buy.

This is the safe, sensible and steady approach to buying shares. It would surely give you a lot more winners than losers. And, to succeed you don’t need ALL the players to do well. A few good performances, backed by at least average play from others will definitely win you most matches.

Buying Shares – Tips For Beating The Stock Market

In the present uncertain economic climate, many investors are wary of investing in the stock market. Some are even asking whether they should stop buying shares, and invest in items that are traditionally viewed as less risky, such as gold or government bonds. While it is true that investing in stocks and shares is risky at the moment, it should be remembered that such risk always exists, even in the middle of a stock market boom. There is no reason why the astute private investor cannot buy shares today and secure a handsome return overall in the long term, and this article offers tips on how to achieve that.

It is important to say that profit can’t be guaranteed on individual share purchases. For a variety of reasons – wider market conditions, global recession, issues specific to the company or group in question – it can happen that the price of a stock falls below the level at which it was purchased, and stays there. In this case, a classic strategy by small investors is to hang on to the stock until they can receive how much they paid out. This is wrong, as it can lead to an investment tied up long term in a moribund stock: it would be much better to sell at a loss and invest in shares that are likely to rise and make a healthy profit, over and above the money originally paid out. When buying shares it pays not to be too inflexible in strategy, but to be open to opportunities to make money, even at the risk of taking a temporary loss.

When buying shares initially, or when selecting which shares to buy, research is the key to avoiding losses. Never buy on a whim: always thoroughly research all of the issues surrounding any purchase. There are a number of different areas it is essential to research.

The first is to conduct general research on the stock market as a whole. Is the recent market trend for shares to rise or fall in price? Are any sectors performing better than others? Will any recent national or international events affect the performance of the market as a whole, or of individual sectors? All of these can determine which types of shares may be ripe for purchase. Places to research this information can be national newspapers and magazines, financial and political websites, and publications and websites particular to the stock markets themselves.

Once a sector or even individual company worthy of investment has been selected, then the relevant sector of the economy must be researched. Who are the big players? What are the trends in that sector? Is any new technology imminent that will change how the sector operates, bringing in new companies? Are any companies in danger of failing, and if so what is the cause? An effective analysis of these factors is of great use in finding a company to invest in whose stocks are undervalued and likely to rise. Sources of information can be trade magazines and websites, trade association publications, specialist scientific/technical magazines, and the usual financial publications and sites.

Finally, once a company has been selected it must be researched in detail before shares are purchased. What is the company’s trading record over the last five, ten or even twenty years? Is it profitable? Are there any potential threats to its income? Are there any new innovations it is developing that could boost income? How does it perform in relation to comparable companies in the same sector? All of these factors must be researched in detail before a decision is made to buy shares: a large amount of money could be lost if any corners are cut.

So it can be seen that many factors can influence the decision on which shares to purchase. Here are some key points to remember:

Be prepared to make a loss on individual stocks to ensure long term profits.
Never buy stocks and shares on a whim.
Research the stock market as a whole. What sectors are ripe for investment?
Research the target sector. Which companies’ share prices are undervalued compared to their potential?
Research the target company in detail. Are there any hidden problems? How does it compare to the rest of the sector?

Buying Shares

There are two different ways you can purchase shares; the first is from the actual company right when the shares are first being offered. This is when the company is trying to raise money by offering out shares to be bought by the public. The second way is to buy shares from other investors through the share market.

Before buying shares, you will probably need your funds available, as this will be required by most firms when buying shares of stock. In addition, you should also set up a trading account before trading as most brokers require this. Shares are always bought through stockbrokers, so before you start buying stock shares, you’ll need to find a stock broker.

There are many different types of brokers, some deal over the phone, some use post, and many use online services. Online dealing is the cheapest and most brokers use that nowadays. When choosing a broker, make sure that they are suited to fit your specific trading requirements, and that they provide you with quality information and quick execution when buying and selling stocks. Also, they should be well versed on the markets available and the different costs of services and shares.

When buying shares, many people like to do their own research on which shares to buy, they educated themselves and research on certain shares and then make well informed decisions on which ones to buy. People who do this will only need a broker to execute the actual act of buying the shares; these brokers are called execution-only brokers. These brokers will not provide you with any types of advice on which shares to buy, because the decision is yours, they’re only job is to buy or sell the shares for you. They may, however, offer a variety of different types of research tools and online tools to help get a background on the market.

The second type of share buying service is called the Rolls Royce service. These brokers will offer you a large amount of advice, they will help you to form trading strategies and try their best to suit your personal financial plan. These brokers will also help to advice you on buying shares and help monitor your investments, although the final decision rest on the client. There are some broker services however, which enable a broker to buy or sell different shares without having to ask for approval from the client. To do this, one must have a high amount of trust in the skills of the broker, this service can also prove to be very expensive as it is very highly tailored to the individual and require a lot of research from the broker.

For those who are very new to the market, you may need a broker that can help to advise you on which shares to buy or sell. Execution-only brokers are much cheaper services, however, and some brokers will not accept you as an advisory client unless you have a large amount of money to invest.

Shares Trading – How to Buy Shares

A share is defined in the world of finance as a unit of account for various financial instruments including stocks, mutual funds, limited partnerships, and REIT’s (Real Estate Investment Trust). In the English language the use of the word share to refer solely to stocks is very common and it has come to be synonymous with the word stock itself.

In laymen terms, a share or stock is a document issued by a company that entitles its holder to part ownership in the company. A share can be issued by a company or may be purchased from the stock market via a stock broker. We often hear the term “dividend” in the news media but people new to share trading can be sometimes be confused as to what exactly a dividend is. Dividends are payments made by a corporation to its shareholders. It is the portion of profits that the company has earned paid out to shareholders. Corporations can either re-invest their profits in the business, or pay profits out to the shareholders as a dividend. Often times, corporations will retain a portion of their earnings and pay the remainder as a dividend.

Dividends are one reason why share trading is so popular amongst investors and traders. If the company you own shares in makes a profit and pays out a dividend, you will earn the dividend and still hold your share position. If you choose to sell your shares you will make a capital gain in addition to the dividends you have earned over the years, a capital gain is the money you gain if your shares have increased in value since the time of purchase. However, it is also possible to incur a capital loss if you sell your shares at a price below what you bought them for. Proper research before buying shares in a company is crucial; if you find a company with good long-term growth prospects you can reap the benefits of increasing capital gains while simultaneously collecting dividend pay outs.

Buying shares is very easy today with ease of access that the internet has brought about. There are a few different ways in which to buy shares however, some people prefer to use a stock broker, this is a person or a firm that trades on behalf of the client, you tell them what you want to invest in and they will issue the buy or sell order. A full service stock broker will provide various services, at a fee, some of these services include investment research advice, tax planning, and retirement planning. There are also discount brokers who will allow you to buy and sell shares at a low rate but don’t provide any investment advice. Finally, for people who do not need or want assistance from an actual stock broker there are online brokers that allow you to buy and sell shares entirely over the internet with no need for a human stock broker.

Share trading has exploded in popularity recently with the advent of wireless internet and ever expanding Wi-Fi “hot spots”. It is entirely possible to now buy and sell shares in a company over certain cell phones that are internet enabled. For most retail traders and investors who spend the time to do a little extra research on shares of companies they are interested in buying, share trading is very lucrative and is a great way to diversify your finances. Share trading allows people to participate in all kinds of sectors, brands, and services. The ease and simplicity of internet share trading has made it possible for anyone who is interested in buying shares to do so.

Buying Shares – A Simple Share Buying Strategy

Have you been wanting to buy some shares but haven’t been sure when to take that leap? Taking the leap to buy shares can be hard to judge. So when do you buy into the market? It can be especially difficult for you if you are new to share trading. I think it is always a good idea to watch your chosen share for at least a week, maybe even a month if possible before deciding when to buy your chosen share. If you can stretch the watching out to the month it will be worthwhile as you will have a better idea of how the share works, and what price would be fair to buy the share at. If you wait much longer than the month you may miss an ideal buying opportunity.

This strategy is simple to execute and will ensure that you’ve bought at a fair price, it may not be the best price to buy the share but it will be fair. So here is a simple share buying strategy that you can use anytime regardless of how the market is tracking.

Divide the purchase of your chosen share into three parts. You will be buying your shares at three different prices. When buying shares this way it doesn’t matter when you get into the market, as it will even out the purchase price of your shares. If after your first share purchase the market goes up you have gotten you first share purchase at a discount, if it goes down then your next share purchase will be at a discount.

So while this may not guarantee that you will buy your shares at the best price it will give you an even buy every time. It doesn’t matter whether the stock market is bullish, bearish or even neutral you will have a high price, a low price and a price somewhere in the middle.

Tip: Set up a watch list

If your not sure what shares you would like to purchase set up a watch list of five to ten shares that you are interested in and watch how they perform. Most trading platforms will allow you to do this free of charge.

One Last Tip: Check the last five days

The Australian Stock Exchange website gives you the details of the last 5 days closing prices, high & low prices. It’s a great way to review where the share has been and if there are any trends. Most other stock exchange websites should be able to provide you with the same information.

Buying Shares Online

Post, telephone or online are just some of the media used to purchase and sell shares. These days however, people are taking more interest in buying shares online because it is the cheapest, fastest and most convenient way of dealing shares. Internet share dealing is considered as “execution only” which can be described as a system in which it is up to a broker who carries out instructions on your dealing like selling and buying shares online.

Some companies who offer internet share services, the activities are done in real time so that the client, in this case, you, are aware of the stock prices that you are paying for. There are many companies, however, that bundle up buying shares online, and most of them choose to trade during the end of the business day when the costs are down.

In and online share purchase, yours will most likely be a nominee account, which pertains to accounts held by another person for a beneficial owner. It is usually held by a stockbroker on your behalf. This is way your name won’t appear on the company’s register. However, since you are not registered, you will not receive company reports and any other perks associated to registered accounts. All the activities will involve a broker who will charge an agreed upon fee per stock that you buy and sell.

One important thing to remember when buying shares online is to always compare prices on the board. It will be towards your benefit to inquire about the current prices for basic trade and services applicable to those who trade daily called frequent trader service. There may be extra service fees like the cost of ISA wrappers that are self-selecting. Being familiar with these rates will help you become aware of the going fees and will also help you avoid hidden costs being attached at times when the offer is suspiciously low.

Buying shares online have gained wide popularity over the years because of the convenience it offers. For people who are busy and do not have the time to update, buying shares online is the best option for them. Aside from convenience, the internet offers numerous options in companies offering online share trading, this way; an interested buyer or seller can compare companies and what they have to offer.

There are many resources one can find on the internet regarding buying shares online. One of the most reputable companies that offer offline and online share trading is TD Waterhouse which is based in UK. The company offers convenient and inexpensive options for share dealing services and regular trading as well.

Learning the ropes of buying shares online is basically uncomplicated and easy even for those who do not have the experience. The rates are much lower than that of a broker who will buy and sell stocks for you, so you save more money which you can then use to buy more shares. Buying shares online is the most practical way when it comes to share trading.