July 17th, 2009 at 09:02pm
Under DUI Law
Nevada Statute NRS 484.3797 allows DUI schooling or Victim Impact Panels via the internet. AB 209 would reverse that.As usual, many lobbyist and politicians hungry for the lime light all jumped on board this one, democrats wanting to appear to be tough on crime and the bleeding hearts telling their tragic stories.The actuality of the situation is that Nevada DMV has it’s own online course, as does a whole host of other websites. And, as if the DUI law as written doesn’t deplete the offenders bank account of lots of his/her money, the DUI schools further deplete it. And, if you took out the DUI school being online, you’d have the added cost of commuting to these schools. No one asked people who could barely afford their gas now, how they felt about bill AB 209. Everyone wants to demonize DUI. At no point has any science been presented to show that DUI contributes to driving impairment. In fact, the actual numbers of drivers in accidents and fatalities, shows DUI as one of the lower causes, if you could even say it’s a cause. The number one cause of accident and death in a vehicle is driver distraction: cell phone; car radio; looking elsewhere. Now if the leading cause of accident and death is due to driver distraction, does it stand to reason that maybe DUI isn’t even the cause of accident and death in those cases at all? Let’s take a look at something. When alcohol is determined to be present at the scene of a car incident, be it accident or anything, the police and lawmakers shift the blame squarely on the alcohol. ALL further investigation into the cause of the incident ceases immediately. So all of those thousands of DUI cases, which might have been masking some other cause, have completely and utterly halted any other findings. Think of all of the car recalls, or driver safety recalls that occur in a year. Is it possible that maybe we could discover those issues faster, if DUI was not thought to be the end of the investigation?Let’s go back to driver distraction. If DUI supresses any and all further investigation into the actual cause of the accident, then isn’t it possible that driver distraction might be the actual cause in a majority of those cases as well? However, there is so much money to be made under DUI laws that no one will change it. No one will go out of their way to investigate it further.Online schools for dui and victim impact is another cheap source of massive income for the city, state and local business that no bill will defeat it. Luckily for those that are living barely above water, this bill won’t defeat it. They won’t have to shell out extra gas money, and possibly starve, on top of all the fees they are paying for this DUI.
By Law Article
July 17th, 2009 at 03:02am
Under DUI Law
As long as there are human police officers, injustices always will occur. A
great many police officers feel they have done their job when they arrest a
person for “mere suspicion” of DUI. In some instances, the arrest may be
warranted, but sometimes it isn’t.
Although you may think that just because your Blood Alcohol Level is below
the state limit, usually 0.08%, that you’ll not be arrested for DUI. Wrong!
Actually, you can be arrested for DUI no matter what level of alcohol is in
your bloodstream. Even if you haven’t been drinking at all, if the police
officer observes anything about you that leads him to believe you may have
been drinking, he can arrest you. And then, it’s up to you to prove your
innocence.
For example, let’s say that you just finished a fine meal at your favorite
restaurant and you had a small glass of wine. An overzealous police officer
stops you for a minor traffic violation and smells alcohol on your breath.
He immediately arrests you for DUI, slaps on a set of handcuffs and hauls
you off to jail.
Once you arrive at the jail, you’re photographed and fingerprinted, then
you’re placed in a holding cell, probably along with some pretty unsavory
characters. You’ll wait there for what seems like an eternity and eventually
you’ll go before a local magistrate who will decide what happens next. He
may just assign you a court date and release you, or he may keep you locked
up until you post a cash bail. If you don’t post bail, you’ll sit in jail
until your court date.
Even when you do get out of jail, it will seem like your troubles are just
starting. As a result of your arrest, your car was towed to an impound lot
and when you go to retrieve it, you’ll be faced with paying hundreds of
dollars in towing, storage and administrative fees.
When your court date finally arrives a few weeks later, you need to be
prepared to fight your case by being knowledgeable about the DUI laws of
your state. If everything concerning your arrest wasn’t done properly,
there’s a good chance you can get the case dismissed and all charges
dropped, thereby keeping your record clean. Even if your case does proceed
to trial, your guilt must be proven beyond reasonable doubt. Again, this is
where you need to be aware of the law and what’s legally required for a
conviction.
Keep in mind that the police officer is not your friend. The judge is not
your friend. This is a money-making enterprise for them and they would
prefer to punish you as much as possible, as quickly as possible so they can
move on to the next poor soul who they’ve managed to catch in their snare.
If you don’t know your rights and speak up, they’ll just dish out your
punishment and move on to the next victim. You will have now been
rubber-stamped as a criminal and you’ll have to live with the consequences.
By Law Article
July 16th, 2009 at 03:02pm
Under DUI Law
DUI means driving under the influence. It is generally applicable in those cases where the person held was driving under the influence of alcohol or drugs to such an extent that his mental and motor skills were completely inhibited. Some of the substances that typically lead to a DUI charge are alcohol, illegal drugs like cocaine, inhalants, marijuana, prescribed medications and over the counter drugs.
Generally the tests like field sobriety tests are used by the police to test for intoxication. These include walking in a straight line or standing on one leg. There are other kinds of tests like blood test and urine test and one of the most common is the breathalyzer test.
The charge of DUI is very serious and could have severe implications if proved. Once convicted the person may loose his driver’s license and can even has his vehicle impounded. For a person who is a repeat offender, the driver’s license could be revoked and possibly there could be a jail sentence.
Thus for a person who is charged with a DUI, it becomes imperative to hire a DUI lawyer who can help him get a fair treatment in the court. DUI laws everywhere are getting tougher and tougher. There is a constant threat of police, lawmakers, and prosecutors. But the help is just a click away. Now days there are many websites available on the net that can help you in finding a good and a competitive DUI lawyer. A professional and an experienced DUI lawyer would pay heed to your concerns and actively work for you to regain your freedom. A specialist DUI lawyer can help you in minimizing your serious charges or even have them completely dismissed.
By Law Article
July 16th, 2009 at 03:03am
Under DUI Law
Even though a simple decision to refrain from driving when intoxicated can keep you out of DUI entanglements, a lot of people find themselves wishing they knew more about DUI laws when they are pulled over and arrested for drinking and driving.
Being arrested doesn’t necessarily mean you have to be convicted of the crime though. After all, in our justice system, every person is innocent until proven guilty. Unfortunately, you usually only have a couple days after your citation to appeal for a court hearing. If that grace period passed without an appeal, no amount of complaining will get you a trial date or prevent your license from being suspended.
If you do appeal for a hearing in time, the next step is to locate an experienced DUI lawyer. You will want a lawyer on your side not only because they are more familiar with litigation than the average person on the street, but also because they should know DUI laws inside out. And, since those laws can be confusing and different from state to state, that will be a valuable asset.
A DUI lawyer will also know the best ways to create reasonable doubt in the minds of jurors. No matter what kind of evidence is brought against you, a good lawyer should be able to find areas where your defense can be built.
For example, there are four kinds of evidence that prosecutors usually bring to the fore in DUI cases and a lawyer can combat each type of evidence. The four categories of evidence are physical appearance, driving behavior, the alcohol content in your body and your performance on sobriety tests. A DUI lawyer may point out that fatigue, allergies, or exposure to smoke were the factors that created your red-rimmed watery eyes instead of alcohol. Or he might argue that you swerved a little on the road because you were dodging an animal in the road or fiddling with the radio. He may even contend with the results of a breath or blood test by pointing to equipment and human inaccuracies that could have skewed the results.
No matter which method you lawyer chooses to build your defense, he will be a useful resource in a U.S. court. When you are looking for a good DUI lawyer, you should remember that DUI laws are called by several different names across the country. Consequently, a DWI, OUI, and an OWI lawyer is the same thing as a DUI lawyer. They just go by different names.
By Law Article
July 15th, 2009 at 09:03pm
Under DUI Law
Driving under the influence is a rapidly growing problem in the United States. Many states have enacted tougher DUI laws to prevent the problem from growing further and to help people understand the serious consequences of driving under the influence. A major problem for many people is that they don’t know the laws or don’t understand how serious DUI is if they are convicted.
A Review of DUI – DUI is a criminal offense in all 50 states. It’s often a misdemeanor offense, but can be a felony under certain conditions. Several prior convictions can mean a felony charge in most states and some states have terms that outline aggravating factors that can result in a misdemeanor charge being elevated to a felony charge. Some of the more prevalent aggravating factors are having an extremely high level of blood alcohol concentration, driving under the influence with a child in the vehicle, or causing property damage or serious bodily injuries while driving under the influence.
Many states have two ways in which a DUI case can be prosecuted. One of these is based on the physical impairment of the arrested individual. In this instance, the prosecutor focuses on trying to prove that you were too impaired to safely operate a vehicle at the time of the arrest. Testimony may come from law enforcement officials and focus on your appearance, performance of sobriety tests, driving behavior, and other factors that may show you should n’t have been driving. The second way is often known as the per se DUI theory. This is where the prosecutor will base his case on the results of chemical testing done at the time of your arrest. If the test results show that your BAC exceeded the state’s legal BAC limit, then the prosecutor can show that your were guilty of DUI even if you didn’t appear to be impaired.
Reviewing Administrative Penalties – In most states, you’ll lose your driving privileges if you are arrested for driving under the influence, even if you are eventually found not guilty of the charge. That doesn’t seem fair, does it?
Some states have an appeals process where you can appeal your suspension in writing and then get a hearing to determine the status of your driving privileges. If you don’t have a qualified, experienced DUI lawyer to represent you during your appeal hearing, you may lose out on the opportunity to get a temporary license that you can use to drive until your trial date. This means you won’t be able to get to work, drive yourself to medical and dental appointments, pick up your kids from school, or do any of your normal daily activities that require driving.
Reviewing Criminal Penalties – Since DUI is a criminal offense, there’s a wide range of criminal penalties available. In most states, these penalties can include jail time, fines, court costs, alcohol and drug education, alcohol treatment, ignition interlock device installation, community service and probation. The sentencing will depend on a variety of factors, including the number of prior convictions, aggravating circumstances present in your case, and other circumstances. If you have a qualified DUI attorney, he can speak on your behalf prior to your sentencing and ask that the court be as lenient as possible. If you have accumulated several convictions, however, it is unlikely that you will be sentenced to anything other than the maximum penalties allowed by law since you have broken the law several times.
Reviewing Benefits of DUI Attorneys – You’ll gain many benefits when working with an attorney who specializes in DUI defense. These benefits include better access to expert witnesses, more specialized knowledge of DUI law, and more experience defending people charged with DUI offenses. Going it alone or working with a public defender or non-specialist lawyer can mean you may not be getting the best possible defense. Choose to work with a DUI attorney and you’ll have a much better chance of winning your case and being able to move on with your life.
By Law Article
July 15th, 2009 at 03:02pm
Under DUI Law
Across the USA, the most common crime booked in a year, by far, is DUI. Driving while intoxicated is no minor matter. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and escalate into a felonious crime by degree; however, no matter what degree of culpability you face, DUI can turn your world upside-down.
Nearly 1.4 million drivers are arrested for driving under the influence of alcohol or drugs every year. While this is a serious charge, if you are arrested for a DUI you have rights that you need to protect. DUI comes under criminal law. Besides hefty fines, alcohol programs and community service, you might also get a serious punishment like jail term. Taking the right steps after DUI arrest, is the only way to get out of trouble.
All about DUI Laws:
The DUI laws have a commonality in the following areas. DUI starts under between .08 to .10 blood alcohol levels, and then kicks into DUI at between .08 to .10 blood alcohol levels. These levels are doubly indemnifying for all drivers in the US less than 21 years of age. Depending on the state, a person may have their driver’s license suspended any length of time from seven days to three years. Fines for DUI across the country range from $250.00 to $2500.00.
The punishment depends on factors like:
State where you were arrested
If you refused to take a BAC level test
What was your BAC level
If this is the first time you have been caught
If there were children with you in the vehicle or in the vicinity
If you were caught speeding
If there was any accident, damage or injury involved
According to DUI laws, the legal consequences of the offense can be:
License revocation or suspension: This punishment is regardless of the criminal charges you might face under DUI laws. In 41 states and District of Columbia there are administrative license suspension laws. Under these laws, if the driver fails or refuses to take a chemical test, his license is taken away before conviction.
Ignition interlocks: Some states allow offenders to drive only if their vehicles are equipped with ignition interlocks. This gadget looks for traces of alcohol in driver’s breath and upon confirmation, it shuts down the ignition.
Vehicle seizure: In some states, drunk driving may entail seizure of the vehicle.
Fines: They vary from state to state. Fines can be anywhere between $200 to $2000 and onwards.
Jail: Repeat offenders are more at risk of inviting a jail term. But that does not mean that a first timer is safe from it as a lot depends on how serious his cases is.
Other punishments include mandatory attendance at alcohol education programs and community service.
If you are arrested for DUI, then hiring a DUI lawyer proves to be the best decision. Driving under the influence can have serious consequences on you if you are involved in a car accident. You may face consequences like jail or prison, penalties or fines, vehicle impoundments, etc. The DUI lawyer is familiar with the intricacies and procedures involved with DUI charges and are your best bet if you find yourself in such a predicament.
By Law Article
July 14th, 2009 at 09:03pm
Under DUI Law
If you have thought that driving with a couple beers in your system you are fine, you might want to take a second look. California and Arizona are implementing more strict laws to punish people who drive under the influence.
In the attempt to reduce the number of DUI cases, the states of California and Arizona are putting more strict punishments. Although this might sound like a reasonable attempt, it does not solve much. The focus should be spent on educating people about the consequences of drinking and driving. In spite of my opinion, the new laws are passed.
Arizona has just signed into law that any person who receives a DUI must install an ignition interlock device on their car. This also includes first time offenders. The old law required that only multiple offenders must have the device installed on the car. Keep in mind, this device must be paid by the offender. It must be installed on the vehicle for one year after the offender receives the license back.
On top of that, the state has also signed that first time offenders have to complete more jail time than the previous law.
If you have or have not commited a DUI, you might want to rethink your actions and choices. The laws are getting more strict and the consequences can affect your life. Having an IID device installed in your car not only costs you money, but it is not the only penalty you will be given. You will also have to pay fines, serve jail time, attend a dui program, and other penalties.
By Law Article
July 12th, 2009 at 09:03am
Under DUI Law
DUI laws now entail reform which will continue to sweep the nation. In the past it was a few states that took the forefront when it came to arrests and prosecutions. Some instances may have seemed onerous or even is some cases unconstitutional. Yet, despite opposition. Many of these changes in legislation are now law.
Myriad states have been under serious pressure to lower the thresholds for evidentiary prosecution and to raise the bar in regards to ramifications and punishments. Activist groups like SADD and MADD have for many years led the charge for reform and are no longer small groups with a weak cry. In fact, they are well organized and well funded. The type of resources they wield equates to political clout.
It is no secret that politicians whether incumbents or those up for first time election make DUI reform part of their political platform. This is despite opposition by civil rights groups who will argue that many of the changes border on violations of civil rights. Many of the tactics and procedures being used in the majority of the United States by police officers and sheriff departments have been characterized as being Draconian and at minimum onerous.
The opposition has achieved little traction in their efforts to dilute widespread reform as it is has become clearly politically incorrect to appear to condone drunk driving especially when so many states can tout death rates due to alcohol related accidents diminishing at an unprecedented rate. These statistics have been the impetus to quickly attract some of the states that were lagging in DUI reform.
Some states have actually initiated test programs whereby under specific circumstances if a police officer who senses a motorist may be intoxicated to the point they exceed the legal limit (in most states is .08 for Blood Alcohol Content), then the motorist is subject to immediate imprisonment if they do not agree to a field chemical test. The motorist in some scenarios is then taken to the police station whereby a round the clock rotating judge system awaits them. It could be adjudicated that a blood sample be drawn voluntarily or involuntarily.
If the above sounds over the top to you, you are by no means in the minority. Few individuals realize that the majority of states require a series of implied concessions to receive a driver’s license in their state. You have agreed to many of the procedures and potential consequences as a predicate to the issuance of your license.
These laws are sometimes referred to as a violation of the state’s per se laws. In addition, most states are now moving to what is called an actual physical control state. This means any individual, not just the driver, may be prosecuted. The law stipulates that an individual must have exclusive physical power and present ability to operate, move, park or direct whatsoever a motor vehicle.
Types of DUI laws can be complex and confusing. If a person is asleep or simply sitting in a motor vehicle they may be guilty of DUI. It is critical that you research and hire a quality DUI attorney. Do not settle for deals or vague promises of success. The cold truth is that the prosecution is not looking to find you innocent. A skilled and experienced DUI attorney is paramount in order to have a chance for a positive outcome.
By Law Article
July 11th, 2009 at 03:03pm
Under DUI Law
DUI laws seem to be constantly changing. At any given point, multiple state legislatures may be debating new laws that change how drunk driving is charged, how evidence is collected and what penalties are handed down for convictions.
Consider, in the first three months of 2009:
With drunk driving laws changing so rapidly in so many states, what can you expect if you get pulled over?
During your traffic stop
A police officer must have “probable cause” in order to pull you over on suspicion of drunk driving. Reasons for a traffic stop may include:
Once you have been pulled over, a police officer may ask you to perform field sobriety tests (such as the one-leg stand test). The officer may also ask you to submit to a breath test. Using a small machine, such as a breathalyzer, you breath into a tube and the machine uses the breath sample to gauge blood alcohol content, or BAC.
Some of the new DUI laws being considered are making it easier for police officers to get the search warrants needed for a blood sample, used to determine blood alcohol content. Some states are also increasing the penalties for anyone who refuses a breath test.
DUI Penalties
The penalties for drunk driving vary widely from state-to-state. In general, drunk driving sentences for first-time offenders will include:
Some states DUI punishments may also include:
The penalties for a DUI conviction increase, sometimes dramatically, for multiple DUI arrests. There may also be additional penalties for anyone that refuses a breathalyzer during a DUI traffic stop and is later convicted.
Most of the new state DUI laws increase the punishments for DUI convictions, whether it’s a first-offender or someone with a history of drunk driving.
The most common changes include increasing fines and jail time, but the use of ignition interlock devices is also on the rise.
Ignition interlock devices must be rented, installed and monitored at the driver’s expense. Once installed, the devices require the driver of the car to pass a breath test or the car will not stop. Typically, the driver must also pass additional tests while driving.
The devices also have built-in features, such as digital cameras, to prevent tricking the machine or altering test results.
Experienced in the field of DUI and protecting criminal rights, I want you to know your rights in case you are charged with drunk driving.
By Law Article