July 16th, 2009 at 02:57pm
Under Criminal Law
Loss of freedom. Expensive fines. A criminal record. Restrictions on your future employment. If you face criminal charges in Minnesota, the consequences may change your life. You need a criminal defense attorney, and not just any lawyer will do. You’ll want to hire an experienced professional. You’ll require an attorney who knows the ropes in Minnesota — someone with deep knowledge of local laws and the ins-and-outs of the court system.
Here are the top 10 reasons to hire a criminal defense attorney in Minnesota.
1. You will have one person in the criminal justice system you know is on your side. When dealing with judges, prosecutors, the police and witnesses you will benefit from having an experienced professional who’s concerned with your best interests.
2. You will have hired an adviser who knows the local court system. Every court system has its unique aspects. Minnesota is no exception. Your criminal defense attorney will know which local laws are relevant to your case. He or she will examine the facts in the case and identify the evidence that is most effective for your defense.
3. An experienced criminal defense attorney will take the time to understand your case. Your attorney will not let you become just another statistic in the criminal justice system.
4. Hiring a criminal defense attorney means hiring an expert. You’ll have an adviser who understands the fine points of criminal law, especially Minnesota’s legal code. Your attorney will also have access to resources, including investigators and expert witnesses, who can participate in your defense if needed.
5. Your criminal defense attorney will guide you through the maze-like procedures that often surround criminal legal proceedings – entering a plea, attending hearings, obtaining bond, preparing testimony, locating witnesses, and evaluating the evidence.
6. Your attorney will take the lead in negotiations with prosecutors to potentially dismiss or reduce the charges against you. When you hire a qualified, experienced criminal defense attorney who practices in Minneapolis, you will benefit from having an advocate who knows the local prosecutors and has experience negotiating with them. Your attorney will advise you on your best options if you are offered a plea bargain or reduced sentence.
7. If your case goes to trial, your attorney will help you select the best approach, including whether to testify, and if you should request a judge or jury trial.
8. Your attorney will review all of the evidence against you and seek to dismiss anything that is unproven, unfair, or not allowed under Minnesota law.
9. Even if you have to face some consequences, your criminal defense attorney will help you make the strongest case for a reduced or suspended sentence, lower fines, less time on probation or fewer restrictions on your activities.
10. Your criminal defense attorney will allow you to face the Minnesota court system with confidence that you’ve done the most you can to protect yourself. The right to hire an attorney is a basic civil right, one that can help you to preserve your rights and safeguard your future.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 16th, 2009 at 09:02am
Under Drunk Driving Law
Most drunk driving cases start out with a contact between the driver of a motor vehicle and a police officer. While the police have the right to approach and speak with any citizen, they do not have the right to detain and investigate a citizen unless they have “probable cause”.
Probable cause is the legal reason an officer needs to detain and investigate. If the dui attorney can show to the judge the officer did not have probable cause, the case can be dismissed.
Most detentions begin with the officer pulling over a driver who has committed a vehicle code infraction. The common reasons alleged by the police are based on poor driving – speeding, weaving within or outside the lane, running of a stop sign or red light. However, faulty equipment (head light, tail light, muffler) or expired registration will provide the necessary reason to pull a driver over. A driver involved in an accident or in a car blocking the roadway may also give the officer the right to detain and investigate.
It is therefore important to discuss with the dui attorney the manner of driving. If the driver was acting legally, or if the officer did not see the driver actually operate the vehicle, the case may be dismissed. Not only does the officer need probable cause to detain and investigate, there must also be a legal reason to arrest. The officer will make his decision to arrest based on two or three factors: his observations, the field sobriety test, and in some jurisdictions, a breath test conducted in the field.
For this and more information on criminal law and drunk driving go to:
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By Law Article
July 15th, 2009 at 03:02pm
Under Drunk Driving Law
The facts about driving drunk include consideration of consequences: Punishment for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) or driving drunk, will vary, based on geographic locale and law in that state or county as well as which country you find yourself in. The potential consequences will depend upon whether or not it is the first offense, and whether various punishment enhancements may apply.Generally, for a first offense DUI or DWI, penalties will include a fine, possible jail time or community service, a driver’s license restriction, and mandatory attendance at an alcohol and drug education program.Why Drunk Drivers Are Dangerous: Imaging studies of the brain when it is under the influence of alcohol reveal that different areas of the brain are impaired under high and low levels of alcohol, according to a Yale study published in Neuropsychopharmacology.”What we found is that when people were really intoxicated, they drove like they were really intoxicated and in a real vehicle,” Pearlson said. “They speeded up, especially on corners, where most people slow down, and crashed more often into other vehicles.” When mildly intoxicated, but below the legal alcohol limit, he said, the drivers seemed aware of the fact that they were impaired and corrected for the deficit. The researchers also found that alcohol had a profound effect on some, but not all, brain circuits activated in sober driving.The highest blood alcohol level was 0.1 and the lowest was 0.05. Drivers are considered legally drunk when their blood alcohol level is 0.08.Here are some helpful drunk driving facts:• One person is killed every half-hour due to drunk driving• Each year approximately 16,000 are killed in alcohol related crashes• Alcohol is a factor in almost half of all traffic fatalities• Every other minute a person is seriously injured in an alcohol related crash What Are Some Examples of DUI Penalties?DUI punishment varies from state to state, so you’ll need to check with your lawyer to see what may apply in your particular state. Using California DUI penalties as an example, first offenders who are denied probation can expect the following:1. 48 hours of jail time minimum.2. 6 months driver’s license suspension3. $340 fineAs you can see, DUI penalties are fairly harsh, even for a first offense. There are things that can factor in to a first time offense, depending on your state. Driver’s license suspension may be part of the package, but if you get probation, your state may allow you to keep your license provided you meet certain conditions set by the court. These can include rehab counseling, safe driver classes, and community service. Your lawyer will have more information, but make sure you understand what you are committing yourself to under a probation agreement. Violation of probation is taken quite seriously and can result in automatic driver license suspension and jail time.
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 15th, 2009 at 09:02am
Under Drunk Driving Law
“Mothers Against Drunk Driving (MADD) was founded in 1980 by Candy Lightner, whose daughter was tragically killed by a drunk driver who was a repeat offender. The goal of MADD was to reduce drunk driving traffic fatalities and the organization has been highly effective in raising public disapproval of drunk driving. The proportion of traffic fatalities that are alcohol-related has dropped dramatically, in part because of MADD’s good efforts. MADD is a single-issue non-profit anti-drunk driving organization in the United States and with a branch in Canada (see MADD Canada). MADD is based in the Dallas-Fort Worth Metroplex suburb of Irving, Texas.
MADD’s Goal: Is it Neo-Prohibitionist?
Mothers Against Drunk Driving stigmatizes light or moderate alcohol consumption, even when it isn’t associated with either being underage or driving. For example:
1. MADD sells a graphic showing two empty glasses of alcohol surrounded by the words assault, drowning, burns, rape and suicide.
2. MADD sells a graphic that equates beer with heroin by depicting a beer bottle as a drug syringe.
3. MADD sells a television ad insisting that “”if you think there’s a difference”" between heroin and alcohol, “”you’re dead wrong.”"
Mothers Against Drunk Driving has clearly become not simply anti-drunk driving or even anti-impaired driving, but anti-alcohol. MADD’s temperance orientation expresses itself in many ways, as seen in Is MADD Neo-Prohibitionist?
Mothers Against Drunk Driving (MADD) began with the admirable goal of reducing drunk driving traffic fatalities by educating the nation about the devastation caused by drunk drivers. For the first 15 years, this strategy paid off: MADD’s public relations campaigns played a key role in changing the nation’s attitude about drunk driving, resulting in a huge drop-off in drunk driving deaths. MADD was so successful that it reached its goal for 2000 (to reduce alcohol-related deaths by 20%) in 1997.
MADD’s campaign to make adult beverages more expensive through drastically increased taxes is another major tactic in their war on responsible drinking. MADD says these tax hikes are a way to reduce underage drinking — but lacks real evidence that taxes are more likely to reduce underage drinking than moderate consumption by responsible adults.
MADD founder Candy Lightner has broken ties with the group. In 2002, she told the Washington Times, “[MADD] has become far more neo-prohibitionist than I had ever wanted or envisioned … I didn’t start MADD to deal with alcohol. I started MADD to deal with the issue of drunk driving.”
In the 1980s, MADD had success in helping change public attitudes and laws regarding driving under the influence (DUI). Since 1980 (the year Mothers Against Drunk Driving was founded), alcohol-related traffic fatalities have decreased by about 44 percent, from over 30,000 to under 17,000 and MADD has helped save over 300,000 lives.
”
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 14th, 2009 at 09:02pm
Under Drunk Driving Law
“One out of 10 children ages 12 and 13 uses alcohol at least once a month. In a single year, 522 children under age 14 were arrested for driving while intoxicated, (113 of them were under 10 years old). 70 percent of all teenagers drink alcohol. 60 percent of all teen deaths in car accidents are alcohol-related.
According to the National Highway Traffic Safety Administration, over 17,000 people were killed in alcohol-related traffic accidents in the United States last year, a rate of one person every 30 minutes. Even more alarmingly, almost 1/3 of the 15- to 20-year-old drivers killed in motor vehicle crashes in the U.S. had been drinking.
Statistics show that approximately 70% of all teenagers drink alcohol, including 1 out of 10 children between the ages of 12 and 13.
Safeguards against Underage Drunk Driving:
Parents and older siblings must be aware that they are role models to younger family members, and should be cognizant of what kind of examples they set in regard to both their driving and drinking habits.
Restricting access to liquor and automobiles at home may be an effective preventative measure in the short term, but it is even more advisable to confront your son(s) and/or daughter(s) about the serious risks involved with underage drinking.
Whether driving or riding as a passenger in a vehicle, always wear a seatbelt!
If you see vehicles that are speeding excessively or swerving, try to get a license plate number and call your Sheriff’s Office, the local or state police.
If a person has too much to drink and insists on getting behind the wheel, do not get into the vehicle.
If you are going to an event where alcohol will be served, take public transportation like buses or taxis, if possible.
Regardless of your age, if you believe you may have a drinking problem, consult a school counselor, health professional, or an alcohol support group (for example, Alcoholics Anonymous).
In reaction to teenage drunk driving statistics, states have enacted harsher penalties to punish teens that drink and drive. Most states have adopted zero tolerance laws which make it a crime for a teenager to operate a motor vehicle under the influence of any amount of alcohol. In addition to harsh penalties for teenage drunk driving, it is also a crime in most states for a minor to drink, possess, transport, buy or even try to buy alcohol. Parents can be penalized for furnishing alcohol to minors, especially in cases where teenage drunk driving was involved.
Teenage drunk drivers also face some serious legal consequences that will harm them into their adult lives. They face revocation of their driving privileges, stiff fines, probation, alcohol education and treatment, and community service not to mention potential jail/prison time for a severe offense.
If you have been involved in a teenage drunk driving incident, you may wish to speak to a qualified attorney who can advise you of your legal rights and options in a case. Because the laws vary by state and circumstance, a knowledgeable attorney can best help protect your interests in a teenage drunk driving case.
”
By Law Article
July 14th, 2009 at 03:02pm
Under DUI Law
Being charged with a DUI, driving under the influence (of drugs or alcohol) or a DWI, driving while intoxicated, is a very serious situation. The possibility exists that either charge could affect one’s future. They can result in substation fines, loss of a driver’s license, have implications for future employment, increase insurance premiums, and in some cases, can result in serving time in jail.
When charged with a DUI or DWI, it is important to find someone that will understand what steps must be taken to successfully navigate through the legal processes. A lawyer or attorney can be a great help in these situations. This lawyer will defend the person involved in the situation, and will make sure that his or her rights are protected throughout the whole process.
In the state of Minnesota, a blood alcohol of 0.08 or higher will allow you to be convicted of a DUI charge. Although this is when one can be convicted, it does not mean that driving is impaired prior to this point. Driving skills are affected from the first drink of alcohol. The ability to react, pay attention, maintain coordination, and make good choices are affected more and more with each drink.
Unfortunately, there is no specific number of drinks that can alert you when you are over 0.08. Wine, beer, mixed drinks, and hard liquor all have different percentages of alcohol. It is more important to keep track of the total amount of alcohol that is entering your system over a certain timeframe rather than just counting drinks. A few beers will have a different affect on a person than a few shots of hard liquor. This number is also not the same for everyone, however. Blood alcohol levels are also influenced by gender, age, weight, medications, the amount and type of food that has recently been eaten, and other factors.
If one does end up being pulled over for DUI or DWI by police, a series of tests may be administered, including a blood, breath, or urine test. If these tests are refused, it is considered a Gross Misdemeanor, which can lead to removal of your license for at least year.
When a DWI conviction does happen, there are a number of legal and financial consequences, which vary depending on how many offenses one has been charged with. For the first DWI offense, it is usually a Misdemeanor, which is punishable by a maximum fine of $1,000 and/or ninety days in jail. A court may order you to attend an alcohol treatment program, and maybe revoke your license for at least 90 days. This is the case if the driver’s blood alcohol reading is under 0.20%. If the reading is over 0.20%, or the person is convicted with a child in the car, it is considered a Gross Misdemeanor, which can lead to a maximum fine of $3,000 and/or a year in jail. If a second offense is committed within ten years, it is also considered a Gross Misdemeanor.
When a third offense is committed within ten years of two prior offenses, one will either have a minimum of 90 days in jail, or an intensive probation program which will include at least six consecutive days in jail as well. Police will most likely take a person’s car away at this point, and a lawyer will be needed to help deal with financial consequences of this seizure. After three offenses in Minnesota, the state will also be likely to cancel one’s driver’s license as this person is seen as a threat to public safety.
The fourth offense within ten years of three prior offenses will result in a Felony. This conviction will result in at least three years in prison and a fine of not less than $14,000. A judge my decide to reduce this three year term, but there is still a mandatory sentence of at least 180 days in jail, 30 of which must be served consecutively.
Driving while under the influence of drugs or alcohol is a very serious situation. Not only is the driver’s life in danger, but also the driver’s passengers, and any other car or pedestrian that happens to be on the road during that time. The results of a DWI conviction can lead to fairly severe penalties. Ideally, one would not place him or her self in a situation where one can be convicted, meaning to not drive while under the influence. When one does happen to be pulled over and charged with this offense, however, a lawyer who will be able to protect one’s rights and will be able to lead a person through the legal process can be an invaluable asset.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 14th, 2009 at 03:02pm
Under Drunk Driving Law
Drunk driving has been an ongoing issue not only the U.S., but in many areas around the world. Various organizations have tried different things to prevent drunk driving, but this problem keeps going on and on. It seems that every time you turn on the news, there’s a report about a celebrity who’s been caught drunk driving. This problem as become acceptable in our society. Some of the ideas that have been brought up to conquer this drunk driving problem include:
* Passing laws that prohibit open containers in public places. Some states also have laws that prohibit open containers in cars. Whether or not these types of laws have prevented drunk driving is actually difficult to know.
* Special designation on the license plates of people whose driver’s license have been revoked or suspended for a DUI/DWI.
* Restricting nighttime driving for younger drivers.
* Monitoring repeat drunk driving offenders with electronic devices such as ankle bracelets or installing breath analyzing instruments in their vehicles.
* Requiring the government to provide more education in schools and information about alcohol and drunk driving to prospective drivers.
* Have more public service announcements on TV and the radio.
Perhaps more education, increased awareness and harsher penalties would probably be the best combination to prevent drunk driving. Moreover, creating a sense of social responsibility in our children could further reduce DUI instances in the future. Being consistent in advertising or literature is important in educating people on the dangers of drinking and driving. A one-time TV ad or newspaper article isn’t enough these days to convince people to stop their bad behavior!
Maria Palma is a freelance writer dedicated to helping people find
San Diego DUI lawyers. Get help and information with your
DUI in San Diego. Contact Maria: maria [at] salondemaria.info
By Law Article
July 14th, 2009 at 09:03am
Under DUI Law
Arizona is one of the toughest states when it comes to DUI. If a drunk driver is pulled over and a police officer is suspecting that a driver is under the influence of alcohol or drugs, a sobriety test followed by the breath test is given to the driver. When the breath test shows blood alcohol level above the norm, the driver is arrested and charged with DUI. DUI laws in Arizona warrant for a mandatory time is jail, which amounts for thirty consecutive days. So, if you happen to be driving on Arizona road while under the influence of alcohol or drugs, you are out of luck. What can you do to fight for your rights if you have been wrongly charged with DUI?
The question that many drivers charged with DUI ask is how accurate is the breath test given by the police? The answer is, the test is highly inaccurate. So, if you are under the allowed limit of blood alcohol level, there is still a chance you may serve thirty hours of jail time, pay the fines, get driver’s license suspension and later have a restricted driver’s license that will only allow you to drive in the course and scope of employment. Once you complete a DUI program you may qualify to reinstate your driver’s license.
All those penalties create a hassle for the driver charged with DUI. Thus, it is important to know your rights and fight for your rights if you are charged with DUI based on the fact that flawed breath test device has shown exceeded blood alcohol level. If you think that your blood alcohol level was not above the limit, check out How To Dismiss Your DUI Charges In Phoenix, Arizona
By Law Article
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