Archive for June, 2010

Question about the New California DUI Breathalyzer law for 1st time offenders?

Got a dui last month in Sacramento, my court date is on July 1st.... will this be one of my punishments? If you don't know abut this bill, below ...

 



Got a dui last month in Sacramento, my court date is on July 1st.... will this be one of my punishments?

If you don't know abut this bill, below is the story...
http://www.ktla.com/news/landing/ktla-dui-breathalyzer,0,54317.story?track=rss

I am on probation and have gotten 4 more violations. I am an english citizen. can i move bak to england?

 

i mean would they have me serve my probation then when it is over leave? i am on probation for possession and intent to distribute marijuana, i failed two drug tests and have just gotton a dui.

Driving While Intoxicated Felony

 
 corporate crimes criminal court appeals domestic violence driving ...

Prescription Medication And Avoiding Arrest In Texas For Driving While Intoxicated

Author: Gary S. Miller

"Intoxication" is defined under the laws of Texas as any of the three following ways:

(1) loss of your normal mental faculties;

(2) loss of your normal physical faculties; or

(3) having a blood alcohol level of 0.08.

The latter method would not apply to a case involving prescription medication or illegal substances. Thus, the first two definitions show the stark reality of being charged with driving while intoxicated due to prescription medication by losing either the normal use of your mental faculties or physical faculties or both.

Importantly, there is no distinction whatsoever under Texas law regarding the actual substance that causes intoxication. The substance used can be an illegal drug such as cocaine or methamphetamine, but it also can be a completely legitimate prescription received from a licensed physician. Further, prosecutors are no longer required to prove what the alleged intoxicant was; it simply does not have to be identified at all. This extremely low threshold leads to arrests of individuals whom had no idea that following their doctors' advice would end up with them being arrested and require an experienced criminal lawyer to defend your case in court. Criminal attorney in Houston can help you to solve your law related problems.

Please consult with an attorney immediately if you have been arrested for Driving While Intoxicated. Author and criminal defense attorney, Gary S. Miller, has the knowledge and experience to fight the charges against you. Mr. Miller has tried over twenty-five jury trials and resolved thousands of cases. For more information or to schedule and appointment with Gary S. Miller, please call 713.866.6233or email millerlaw@millerdefense.com

Article Source: http://www.articlesbase.com/law-articles/prescription-medication-and-avoiding-arrest-in-texas-for-driving-while-intoxicated-787100.html

About the Author

Gary S. Miller is a former Chief Prosecutor in Harris County, which gives him a distinct advantage by knowing the prosecutors and judges in Harris County and how the criminal system works in Houston, Texas and throughout all courts in Texas. Mr. Miller has been a guest lecturer on criminal legal matters at Thurgood Marshall School of Law in Houston, Texas.


Laws Drinking And Driving

 
David J. Houston, Professor of Political Science, UTK

How You Can Crack Down Dui Laws in Nevada?

Author: andy taylor

When you think of Nevada you most likely think of Las Vegas, and when you think of Las Vegas, certain things always come to mind: the blur of the neon lights, the monstrous scale of the strip, and the cacophonous, smoke filled casino's where day is night and night is day and the alcohol is free for anyone who gambles long enough. Las Vegas may be just one of many Nevada cities, but the people who come to play and stay in Las Vegas may be at a higher risk for DUI than people visiting, say, the Hoover Dam.

With more than enough out of state tourists, Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Although many states' DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.

Few Tips:

1. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Your constitutional right to speak with an attorney doesn't allow you to consult with one before deciding whether to remain silent, or before deciding whether to submit to an evidentiary test of your blood or breath. It is only after you answer the officer's question, and after you submit to the testing, that you can call a lawyer to determine what you should have done.

TIP: Although you are generally expected to answer a police officer's legitimate a€œidentitya€ type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with the controlled substances, you may be admitting to a felony. When in doubt, don't talk. You should only agree to take tests that are required by law. Don't volunteer to take any tests that are not required. Ask if the test is required.

2. I have the right to refuse a test of my blood or breath, even if the officer tells me to submit to one.

Years ago, it was possible to refuse to submit to a blood or breath test, without very much fallout. Today, however, should you refuse to submit to a a€œpreliminarya€ test of your breath, the officer is permitted to arrest you, if he has a€œreasonable groundsa€ to do so, and to force you to take an evidentiary test of your blood or breath. If you are asked to submit to an a€œevidentiarya€ test of your breath or blood, and you refuse, the officer can use reasonable force to compel you to take the test.

TIP: Cooperate, but don't volunteer to take tests. Your refusal to take a test may result in your being charged with an additional charge of obstructing or resisting an officer. Be polite, and if told that you have to submit to a test, then submit to it and fight about it later, in court.

3. If I am stopped and arrested for Driving Under the Influence, I am as good as convicted.

Despite the attitude of many courts and prosecutors, there are defenses to the crime which should be raised by you. Sadly, there are law enforcement officers who are not above coloring the truth and are willing to do so. Also, many officers who investigate DUI cases are not qualified to administer the sobriety tests, and they make serious mistakes in so doing. Remember this: If you plead guilty, you have a 100% chance of being found guilty. If, however, you are willing to fight for your rights, and to contest the prosecution's case, you will have the best chance of a satisfactory outcome.

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

4. I can defend myself effectively in this kind of case, if I just let the judge know the facts.

If you have a headache, it is perfectly acceptable to take an aspirin or two. Similarly, a small cut on your may heal perfectly well without your doing anything to remedy it. If your appendix bursts, however, you need to consult an expert, and no one would suggest that you should personally attempt to remove that appendix. If you are arrested for Driving Under the Influence, you need professional help to get past the many pitfalls and adverse consequences. You need a competent lawyer, one who is experienced in the defense of Driving Under the Influence cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

TIP: Hire the best attorney you can afford, one with depth of knowledge and experience in defending other drinking drivers.

Article Source: http://www.articlesbase.com/law-articles/how-you-can-crack-down-dui-laws-in-nevada-362972.html

About the Author

Andy Taylor runs websites on DUI Lawyer. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.


Dui Chicago

 
 ... School Bus Driver Pleads Guilty to DUI - Chicago DUI Lawyer Blog

Combating DUI Charges

Author: Steve Johnson

Road accidents have become a common problem in Tennessee. This is the reason that the government of Tennessee has introduced stringent actions against drivers who drive carelessly on the road. Driving under the influence of drug and alcohol is a punishable offense in Tennessee. People don't give DUI much importance because they think that it is a mild offense and the convicted person will not get harsh penalty.

However DUI law can actually take the offenders behind the bar if the accident has caused death. It is the responsibility of all the citizens to be careful while driving so that the pedestrians, the passengers and the driver himself or herself are safe. Tennessee government is introducing more and more education programs in order to lessen DUI offenses.

Just like other criminal offences, driving under the influence can result in heavy penalties. The basic penalties include fine and suspension of driving license. If it is a major accident the penalty can be as serious as jail time.

DUI cases are quite complex to deal with. Without knowledge and experience it is not possible for any one to handle it. Hence you should hire an attorney to defend you as soon as you are convicted with a DUI charge. Since you are not aware of the intricate laws counting on a Tennessee DUI lawyer will be a wise decision.

Tennessee Dui offense penalties are quite strict. If you have been arrested with a DUI charge in Tennessee you are going to have a tough time. The medical and technical evidences will decide how complex your case will be.

The only good news for the convicted is that he or she gets a chance of being represented in the court. You should not let this opportunity go. Make sure to take advantage of it. Many people fail to utilize this opportunity because they make the mistake of representing themselves. Do not follow them. Appoint an experienced lawyer to fight for you. Your lawyer can better prepare a defense for you analyzing all the evidences.

If you are innocent appointing a lawyer will maximize your chance of getting rid of the charge. Even if you are guilty your lawyer can at least convince the judge for a minor penalty especially if you are a first time offender. So you better depend on a lawyer because this is the most sensible choice.

Article Source: http://www.articlesbase.com/law-articles/combating-dui-charges-3426689.html

About the Author

Steve Johnson is a DUI attorney who writes on various topics like Tennessee Dui offense, DUI law in Tennessee etc. He recommends that you have a look at http://www.duitrouble.com/ for details about DUI law.


Will possession of marijuana charge still be on my record?

 

I got a DUI when I was 17 years old. I was also charged with possession of marijuana. I went to court and got put on a diversion program where I was drug tested randomly by a probation officer. I completed the program within 16 months I believe. I am now 21 years old and I was wondering if the possession charge will show up on a military background check? I am planning on joining the airforce.

i recentlygot my licence back after getting a dui i was wondering what is the cheapest insurance in mass?

 

What are the current DUI laws in Illinois?

 

I got a DUI about 3 weeks ago. It is my FIRST one. I have been asking people what is going to happen to me and I am getting a million different stories.

Drinking And Driving Law

 
jon.proeber.blog » Proeber Branding Blog » Burger King and ...

Drinking And Driving Defenses Needs Experts In The Court

Author: Stewart Wrighter

For anyone who has ever attempted to drive after they have had some alcohol, the feeling is that they are a little invincible and that they can never be caught by the authorities. However, this is obviously not true and the way that the law is being tightened every day, it is inevitable that the person will be caught out eventually. When this happens, they must engage the services of a DUI attorney to lead them through the court proceedings. The DUI lawyer will have all the necessary experience to try to mitigate any punishment or fines that the court may wish to levy against the accused person.

A lot of people will not be aware that they do not have to undergo those rather embarrassing roadside tests that people have been expected to do in the past. Rather, they can insist on going to the station to have all these tests done. If the person is well-known or a celebrity, this is often better for them since there would be no embarrassing photographs leaked out to the media. For mere mortals like the rest of us, it gives us some time to cool our heads since we are normally annoyed at being stopped for apparently no reason anyway.

Tests can involve balance which shows that some people have taken alcohol. However, there are those amongst us who have underlying health issues which makes it impossible for us to balance anyway. Secondly, blood samples and breath tests are also taken and it is only these that give a definitive indication that something has been imbibed.

For some people though, it may be that they have taken medicine or drugs which give the same effect as alcohol and it is this that sometimes takes us over the limit. If this can be proven in the court then it may well be that the court will give the accused the benefit of the doubt. Of course, this may take some expert testimonial from a doctor or specialist but it is not unheard of for sure.

Once the accused is arraigned in court, the court itself takes a very dim view of any kind of accident where the driver or drivers were under the influence. They can even be jailed or fined exorbitant amounts depending on how serious the accident was and if any person was damaged along the way.

Those who have killed someone can expect to have the full force of the law brought down upon them since they knew that they were putting others at risk when this happened. Even claims of diminished responsibility do not wash here so there is no point in trying to put this across.

Since more than one case against a person will bring cumulative punishment levels, it is wise, once caught the first time, for the erstwhile driver to learn his lesson in case he gets caught again. If he does do the same thing again, then the court will have no other avenue but to punish him to the full extent of the law.

Article Source: http://www.articlesbase.com/law-articles/drinking-and-driving-defenses-needs-experts-in-the-court-4184802.html

About the Author

Stewart Wrighter recently reviewed the cases of a Las Vegas DUI Attorney. His daughter had an opportunity to work with a Las Vegas DUI Lawyer as a legal intern during the summer.


Chicago Dui

 
 ... Old Killed in Crash, Mother Charged with DUI - Chicago DUI Lawyer Blog

Chicago police officer responsible for the death of two guys walks free soon after DUI charges are dismissed

Author: Ben Capers

CHICAGO, Illinois - Officer John Ardelean walks free of charge right after acquiring been arrested for killing two adult males in a automobile accident and owning been suspected of driving with a blood alcohol articles level above the legal restrict.

Ardelean, a Chicago police officer, walked away from Criminal Court immediately after acquiring all fees dropped by Judge Thomas Gainer, Jr. The Judge explained that mainly because it was discovered that his blood alcohol subject matter evidence was not obtained legally, the expenses were definitely forced to be dismissed.

The incident took location on Thanksgiving Day in 2007. A video was taken of Ardelean getting shots at Martini Ranch Bar ahead of proceeding to drive away. He then triggered a auto crash that took the lives of 21-year-aged Erick Lagunas and 22-12 months-old Miguel Flores.

Just seven hours immediately after the incident, Lt. John Magruder, Ardelean's supervising officer observed that his eyes were definitely bloodshot and smelled of alcohol. He then ordered Ardelean to take a blood alcohol articles test, which examine .032. The prosecuting DUI lawyers argued that as well a lot time had passed in between the time Ardelean was drinking to the time his alcohol level was measured and believe it was at least twice the legal limit when the accident occurred.
Judge Gainer sided with Ardelean and claimed that Lt. Magruder's testimony was not credible. Gainer has been identified to rule in favor of police, obtaining previously dropped expenses of three police officers who had been taped brutally beating two guys.

The DUI lawyers handling the situation urge the families of the victims not to lose hope but they continue to be outraged by the ruling.

Article Source: http://www.articlesbase.com/law-articles/chicago-police-officer-responsible-for-the-death-of-two-guys-walks-free-soon-after-dui-charges-are-dismissed-2568173.html

About the Author

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