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Home Page > Law > National, State, Local > Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help
Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help
Posted: Oct 30, 2010
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Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help
By: Jena smith
About the Author
For information at - Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help - Caught Drunk Driving? How to Find a DUI Lawyer and http://duilawdrivinglawyer.blogspot.com/
(ArticlesBase SC #3576585)
Article Source: http://www.articlesbase.com/ – Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help
Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help - Caught Drunk Driving? How to Find a DUI Lawyer
The very moment you get your first car is also the moment you sign on to obey the slue of road laws out there. One of these laws is the Driving Under the Influence Law or DUI, also known as Driving While Intoxicated (DWI).Visit to - http://duilawdrivinglawyer.blogspot.com/
Different states have different definitions of this law but the most important thing to know is DUI law is the one car owners most commonly violate.
Car accidents due to drunk driving have increased in numbers over the year and no matter how strict or lenient the DUI laws are in your state, the consequences are all the same: severe and life-changing.
If you have been accused of breaking a DUI law, you can find a lawyer that specializes in such things to help you with your case. DUI lawyers in your area can be found online and family, friends, or ideally a family lawyer, can also refer you.
Each state has a different legal limit for blood alcohol content level (BAC). But in general, if a motorist’s BAC exceeds .08%, he or she is violating DUI law. Depending on the situation, those convicted of drunk driving can endure punishments that range from a suspension or revocation of a license to a long stay in prison.
The average consequence, at least in forty-five states in America, is that those who have committed DUI offenses are permitted to drive again, but only if their vehicles are equipped with ignition interlocks, sophisticated equipment that tests a driver’s breath for alcohol content.
This device requires a driver to blow into a small handheld alcohol sensor that is attached to the dashboard. As long as the driver’s BAC is a legal percentage, then the car will start – otherwise, it won’t. Occasionally, the ignition interlock will even check a person’s breath while he or she is driving. This clever device allows drunk driving offenders to continue their life and responsibilities, whilst reminding them of their mistakes and forcing them to drive only when sober.
Depending on the age of a DUI offender, punishment and sentencing varies. A qualified DUI lawyer can explain any details and advise you on the legal remedies available at Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help.
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For information at - Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help - Caught Drunk Driving? How to Find a DUI Lawyer and http://duilawdrivinglawyer.blogspot.com/
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Home Page > Law > National, State, Local > Alcohol Abuse and Phoenix DUI Lawyers Content
Alcohol Abuse and Phoenix DUI Lawyers Content
Posted: Sep 13, 2010 |Comments: 0
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Alcohol Abuse and Phoenix DUI Lawyers Content
By: Steven Brown
About the Author
Steven Brown is a professional internet marketer. To get more information about best dui attorney best dui lawyer or phoenix dui Arizona dui attrorney visit phoenixduiattorney.biz
(ArticlesBase SC #3256518)
Article Source: http://www.articlesbase.com/ – Alcohol Abuse and Phoenix DUI Lawyers Content
Alcohol abuse and its consequences are alarmingly increasing in United States.10% of the accusers are found to be teenagers, if not younger. It is real unfortunate and shameful for a civilized country indeed. Therefore, the legislation authority has posed stringent law against impaired and careless driving. Such laws charge upwards of around .7 billion for medical treatment, counseling, lost earnings, casualty, damages or other criminal costs. Such alcohol abuse and consequences has been a rising problem over the past few years and more the state laws are getting stringent more the Phoenix DUI laws are becoming graver.
You might be thinking that you are not drunk even after having a peg or two but with a continued exposure to alcohol or similar other intoxications it becomes hard for a human body to adopt and respond normally. Phoenix DUI lawyers therefore suggest their clients to have a clear notion about their body’s alcohol tolerance capacity. Not only the breathalyzer test that supports your crime but several other disability tests are also performed to the police custody. However, the body’s increased tolerance to intoxication involves a couple of prominent changes like increase in activity of the central nervous system and increase in the levels of liver enzyme that is secreted to break down alcohol. Such bodily adaptation also changes your behavior and temperament significantly.
Alcohol dehydrogenase and aldehyde dehydrogenase are the two main enzymes of liver that work to digest alcohol. Now the prolonged exposure to alcohol increases the level of these two enzymes in your liver. This in turn makes your body efficient to eliminate the high level of alcohol immediately. It may sound good but it also means that you need to consume more alcohol to get the sensation which will prove you overloaded in breathalyzer test. Such bodily adaptation allow a person to work normally even with a higher BAC. But the chemical imbalance makes the person more irritable and reckless than before. Phoenix DUI attorneys can help you challenge your DUI case and the imposed allegation. But as the increased nerve activity contributes to hallucination and convulsion when alcohol is withdrawn, the situation clearly proves alcohol abuse and dependence.
Even the best DUI lawyer of Phoenix can never guarantee your safe escape from the accusation in case you are an alcohol dependant individual. In addition to such grave adaptation, profound alcohol consumption cause some other sort of diverse effect on the body like cell death and hardening of the tissue, brain mass reduction, blood pressure increase, decrease of blood iron and Vitamin B resulting in severe anemia etc. Besides, alcohol abuse causes personal emotional and social problems of various kinds. Often the alcoholic person becomes suicidal due to work pressure and poor employability.
Considering all such worst effects of alcohol abuse, it is advisable to talk to Arizona DUI attorney the very moment you have got arrested in Phoenix DUI case. They can suggest you how to talk to the officials and what exactly to tell them or what not to which will help you to save the case as much as possible.
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(ArticlesBase SC #3256518)
Steven Brown -
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Steven Brown is a professional internet marketer. To get more information about best dui attorney best dui lawyer or phoenix dui Arizona dui attrorney visit phoenixduiattorney.biz
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Home Page > Law > Health and Safety > California Los Angeles County Preemptory Writ Mandate Driver’s License Suspended Chemical Test Refusal Blood Test Lawyers Attorney
California Los Angeles County Preemptory Writ Mandate Driver’s License Suspended Chemical Test Refusal Blood Test Lawyers Attorney
Posted: Oct 07, 2010
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California Los Angeles County Preemptory Writ Mandate Driver’s License Suspended Chemical Test Refusal Blood Test Lawyers Attorney
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation,bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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(ArticlesBase SC #3422035)
Article Source: http://www.articlesbase.com/ – California Los Angeles County Preemptory Writ Mandate Driver’s License Suspended Chemical Test Refusal Blood Test Lawyers Attorney
JEAN EDWARD CARREY, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant
Court of Appeal of California, Second Appellate District, Division Two
July 31, 1986
On October 21, 1984 Carrey, the respondent was arrested for the felony offenses of drunk driving and hit and run. He was advised of the “implied consent” law, Vehicle Code section 13353 (now section 23157). The respondent had requested the blood test and was asked to sign the hospital’s “Consent to Blood Test” form. After reading this form, Carrey refused to sign that form because he was taking some medicines that could affect his bleeding. He was asked to take a breath test or urine test but he continued to insist on a blood test. Subsequently the DMV issued an order of suspension to Carrey. Later the respondent had filed a petition for administrative mandamus in the superior court to which the DMV responded. The superior court issued the writ of mandate forbidding the DMV from suspending Carrey’s driving privilege. This appeal by DMV followed.
Issues:
Whether respondent’s refusal to sign the medical consent form was the pragmatic equivalent of a refusal to consent to the procedure involved?
Whether the lower court had erred in issuing the writ of mandate forbidding the DMV from suspending the respondent’s driving privilege?
Discussion:
This court held that if the driver refuses to complete one of the three tests, his driving privilege is subject to suspension. There is a strong public policy against the nightmare of drunk driving. Thus, the implied consent law should be liberally construed to effect its purpose, which is to swiftly and accurately identify drunk drivers. Consequently, the driver should clearly and unambiguously manifest the consent required by the law. Consent which is not clear and unambiguous may be deemed a refusal. The determinative factor as to whether there is a refusal is not the arrestee’s subjective state of mind, but rather the objective, fair meaning to be distilled from his words and conduct. In the case at bench, The respondent reviewed the form entitled “Consent to Blood Test” and stated he would not sign it The crux of the form is an acknowledgement that the driver has been advised of his choice of tests and that he is not physically incapable of taking the test. The form represents a sensible precaution from the hospital’s standpoint and imposes no significant additional onus on the driver. This court held that Section 13353 (e) c.v.c. grants the driver an exemption from the blood test because he is using an anticoagulant, however does not make the driver ineligible if he wishes to take a blood test. Hence, Carrey’s refusal to sign the medical consent form was the pragmatic equivalent of a refusal to consent to the procedure involved.
This court held that at that juncture, it was incumbent upon Carrey to select and submit to one of the remaining chemical tests as had been requested by the arresting officer. The respondent refused to submit to, or failed to complete, a chemical test of his blood, breath, or urine after being requested to do so by the officer. Hence this court held that the DMV properly revoked the respondent’s driver’s license.
Conclusion:
This court reverses the judgment granting respondent driver’s petition for a peremptory writ of mandate because respondent’s statement that he would not sign the hospital’s consent to a blood test and respondent’s refusal to submit to a urine or breath test constituted a refusal to submit to a chemical test for intoxication and respondent’s driving privileges were properly        suspended.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
(ArticlesBase SC #3422035)
Atchuthan Sriskandarajah -
About the Author:
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation,bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation,bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys
Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys
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Home Page > Law > Criminal > Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys
Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys
Posted: Sep 15, 2010
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Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
(ArticlesBase SC #3272076)
Article Source: http://www.articlesbase.com/ – Maryland Howard County License Suspended Driving Evidence Mens-Rea Lawyers Attorneys
WILLIAM THOMAS RICE, JR. v. STATE OF MARYLAND
COURT OF SPECIAL APPEALS OF MARYLAND
February 6, 2001, Filed
In the Circuit Court for Howard County (Gelfman, J.), William Thomas Rice, appellant, was convicted in a court trial of driving while his license was suspended, in violation of Md. Code (1999 Repl. Vol. & 2000 Supp.), § 16-303(c) of the Transportation Article (“TA”), speeding, failing to obey a stop sign, and failing to display a registration card on demand.
Appellant was sentenced to one weekend in the Howard County Detention Center and was fined $ 500 on the driving while suspended conviction. He was fined a total of $ 200 on the lesser convictions. On appeal, appellant challenges the sufficiency of the evidence to support his conviction for driving while suspended. Specifically, he contends that, on the evidence presented, the State could not prove the element of mens rea necessary to sustain that conviction.
Issue:
Whether the evidence was insufficient to sustain the defendant conviction?
Whether mens rea is an element of the offense of driving while suspended?
The Court finds that there was ample evidence of knowledge on appellant’s part sufficient for the court to find, beyond a reasonable doubt, the intent element of the offense of driving while suspended. As the court pointed out, appellant was not a novice in matters pertaining to the MVA. He had had his driving privileges suspended in the past. On June 2, 1999, he was assessed 8 points upon being convicted of driving while under the influence. It is immaterial whether appellant was informed by the court that assessed those points that the law requires the MVA to notify a person who has accumulated 8 points that, absent a request for a hearing, his license will be suspended. “Everyone is ‘presumed to know the law regardless of conscious knowledge or lack thereof, and is presumed to intend the necessary and legitimate consequences of his actions in its light.’” Once appellant was convicted of DUI and had 8 points assessed against him, he had reason to believe that the MVA would take action to suspend his driving privilege. The evidence established that the Karas Walk address appeared on appellant’s driver’s license, and, accordingly, was the address to which the MVA would have addressed the certified notice of suspension letter. The evidence thus supported a rational finding that the green card notifying appellant that a certified letter to him from the MVA was awaiting collection at the post office was delivered to the house at which appellant was living at least part time. This evidence in turn supported a rational inference that appellant was aware of the existence of the green card, and simply did not go to the post office to pick up the certified letter. This evidence, together with the evidence of appellant’s knowledge concerning his accumulated points, was sufficient to support a rational factual finding that any lack of actual knowledge by appellant of the suspension of his privilege to drive was the result of “deliberate ignorance” or “willful blindness” on his part.
The court affirmed defendant’s conviction. Although knowledge of suspension was required to support conviction, such knowledge could be manifested by deliberate ignorance as well as by actual receipt of a notice letter.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
Retrieved from “http://www.articlesbase.com/criminal-articles/maryland-howard-county-license-suspended-driving-evidence-mens-rea-lawyers-attorneys-3272076.html”
(ArticlesBase SC #3272076)
Atchuthan Sriskandarajah -
About the Author:
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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Home Page > Law > Drunk driving Lawyers Phoenix Arizona
Drunk driving Lawyers Phoenix Arizona
Posted: Nov 09, 2010
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Drunk driving Lawyers Phoenix Arizona
By: clearyourdui
About the Author
http://www.drunkdrivinginjurieslawyers.com
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(ArticlesBase SC #3634423)
Article Source: http://www.articlesbase.com/ – Drunk driving Lawyers Phoenix Arizona
DUI in Phoenix Arizona may be charged in two ways. The first is driving impaired. Driving impaired suggests your ability to operate a vehicle has been jeopardized because of the ingestion of alcoholic beverages or another drug. Since you aren’t breaking the “per se” statute, driving impaired is not as severe a criminal offense as DUI. The “per se’ law is when your BAC is.08 % or higher.
Phoenix dui laws cover just about anything that you need a permit to operate. This would cover cars as well as trucks, jet skis, motorbikes, and may even extend to bicycles. seem difficult to believe, however it is true. Whenever you’re under the influence of a substance that reduces your mental capability to control a motor vehicle, you’re subject to Phoenix laws. Driving a car while being impaired by alcohol consumption is definitely the main instance of Phoenix DUI arrests. However, a number of other substances are widespread too. Some examples are marijuana, cocaine, meth, tranquilizers as well as other well-known drugs.
Phoenix DUI laws don’t allow driving a motorized vehicle having a blood alcohol concentration (BAC) of.08 % or higher. If you are stopped while driving a car and have a BAC of .08 percent or greater, you will be arrested and charged with DUI.
Listed here are the legal ramifications as well as the legal process for DUI in Phoenix. More detailed info can be found at www.drunkdrivinginjurieslawyers.com
The fines and punishments pertaining to a Phoenix DUI can be different dependent on the circumstances of your criminal offense, and if there’s a track record of earlier offenses. However a Phoenix DUI is still a major charge. If found guilty you are dealing with a large fine, driver’s permit suspension, and perhaps other restrictions. Hence, even if it is your first DUI, you have to consider this to be a serious predicament.
First violations seldom entail prison time except if the DUI incident included a bodily injury or death.
A Phoenix DUI usually is a misdemeanor unless if: 1. If within the last 5 years you’ve been charged with 2 or additional DUIs. This is applicable whether or not the DUI was in another state besides Arizona. 2. If you’ve had your drivers permit suspended and you’re driving under the influence 3. A kid younger than fifteen is inside the automobile at the time of the drunk driving criminal offense.
A much more significant charge of third degree homicide or vehicular homicide often will be the end result when there is a death as a result of the drunk driving.
Typically a Phoenix dui case is tried by a jury. Should you choose, you may surrender the legal right to having a trial by jury. If that’s so, your judge will rule.
Due to the fact Phoenix drunk driving cases are a very common legal offense, there are numerous Phoenix DUI lawyers that will help you in defense of the offense. Actually, there are many attorneys who will only handle DUI cases. These attorneys are often called ‘DUI attorneys’.
Since driving under the influence can be a really serious charge, it is highly suggested for you to consult with a lawyer immediately after receiving charged. You obviously want to select the very best Phoenix DUI attorney for your case.
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Home Page > Law > Criminal > Maryland Anne Arundel County DUI Consecutive Sentence Double Jeopardy Rule Lawyers Attorneys
Maryland Anne Arundel County DUI Consecutive Sentence Double Jeopardy Rule Lawyers Attorneys
Posted: Sep 16, 2010
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Maryland Anne Arundel County DUI Consecutive Sentence Double Jeopardy Rule Lawyers Attorneys
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
(ArticlesBase SC #3279709)
Article Source: http://www.articlesbase.com/ – Maryland Anne Arundel County DUI Consecutive Sentence Double Jeopardy Rule Lawyers Attorneys
ERIC TURKILL WASHINGTON v. STATE of MARYLAND
COURT OF SPECIAL APPEALS OF MARYLAND
January 28, 2010, Filed
Appellant told the officer that he had had two beers. A second patrol officer, who responded as backup, administered one of the three standard field sobriety tests. Upon exiting his vehicle, appellant had a strong odor of alcohol on his breath, his speech was very slurred, he was swaying, using the car for balance, and his steps were uncoordinated. He claimed that he had taken an Oxycodone six hours earlier, that he walked with a cane and that he did not feel comfortable performing the walk indicating a level of alcohol intoxication that was way over the limit. Appellant was arrested and took an alcohol breath test at the police station, resulting in a blood alcohol content reading of .25 more than three times the legal threshold of .08. Appellant was convicted in the Circuit Court for Anne Arundel County of driving while under the influence of alcohol and driving while under the influence of alcohol per se, and sentenced to consecutive terms of imprisonment. He appealed his consecutive sentences.
Issue:
Whether the imposition of consecutive sentences upon conviction of DUI and DUI per se is permitted? Whether DUI per se sentence should have been merged into the DUI sentence?
The Court held that the two are separate offenses under the required evidence test because each has “an element not found in the other.” In support of that interpretation, the Court reviewed legislative history leading to enactment of the DUI per se provision in 1995, including materials from legislative committees, the Task Force on Drunk and Drugged Driving, and Mothers Against Drunk Driving (MADD). The Court concluded that the legislative history established that DUI per se was enacted as a separate offense in the statutory scheme to permit an intoxicated driving conviction based solely on blood alcohol content, as an alternative to the fact finder having to rely on the more subjective behavioral evidence necessary to prove intoxicated driving. Because the two offenses are separate, the trial court was not required to merge appellant’s convictions for DUI and DUI per se. Indeed, appellant’s trial counsel acknowledged as much at sentencing, stating that “Count 3, the 21-902(a)(2), and the 21-902(a)(1), do not merge. They are distinct charges with separate elements.” Nevertheless, whether appellant’s DUI per se sentence must be merged into his DUI sentence is an analytically separate question. That is because, even when two offenses are separate under the required evidence test, in some circumstances multiple punishments may not be permitted in order to avoid a violation of the constitutional guarantee against double jeopardy. In the instant case, we agree with appellant that his sentences for DUI and DUI per se should have been merged under the rule of lenity. Appellant’s position presents an issue of first impression, because we have found no reported case addressing the propriety of consecutive sentences for DUI and DUI per se convictions arising out of a single act of driving. In this case, the issue of sentencing merger is squarely presented by the trial court’s imposition of consecutive sentences on the DUI conviction and the DUI per se conviction. We hold that, when a defendant is convicted of both DUI and DUI per se, arising out of the same act of driving, the lesser sentence, in this case the one for DUI per se, merges into the greater sentence, in this case the sentence for DUI, under the rule of lenity. Therefore, we shall vacate the DUI per se sentence imposed on appellant.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
Retrieved from “http://www.articlesbase.com/criminal-articles/maryland-anne-arundel-county-dui-consecutive-sentence-double-jeopardy-rule-lawyers-attorneys-3279709.html”
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The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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Every Lawyer’s Guide to DUI
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Home Page > Law > National, State, Local > Every Lawyer’s Guide to DUI
Every Lawyer’s Guide to DUI
Posted: Sep 23, 2010 |Comments: 0
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Every Lawyer’s Guide to DUI
By: Gordon
About the Author
(ArticlesBase SC #3327934)
Article Source: http://www.articlesbase.com/ – Every Lawyer’s Guide to DUI
“Field Sobriety Tests in Illinois may be rejected without penalty, and the risk of an erroneous interpretation by an officer far outweigh the benefits of performing them.”
This article does not give DUI practitioners a general overview of the DUI laws, describes how a DUI arrest occurs, and provides general information to help you answer that question too often asked by customers and others: “What should I do if I ‘ m was DUI? “
To begin, note that there are two basic partsa DUI, the summary suspension and criminal prosecution.
The criminal charge
“DUI” stands for “Driving under the influence” of alcohol, drugs or a combination thereof. 625 ILCS 5/11-501. The penalty for a first time DUI is a Class A criminal offense with imprisonment of up to 365 days in jail and / or a $ 2500 fine. There are four basic elements of DUI:
• Driving or actual physical control
• for a vehicle
• anywhere in the state
• under the influence ofAlcohol and / or drugs.
Let’s look at the first three elements individually.
“Driving or actual physical control.” The phrase “driving or actual physical control” means that a person get a DUI, perhaps he or she is simply sleeping or sitting in a parked car. See, eg, City of Naperville v Watson, 175 Ill 2d 399, 677 NE2d 955 (1997). Whether a person in actual physical control is a matter of fact. Courts look at factors such as ownership, whether the subject hasKey if the key in ignition, whether the object is in the driver if he or she owns the vehicle where the vehicle is located, etc., to determine the actual physical control. See, eg, People v Brown, 175 Ill App 3d 676, 530 NE2d 74 (2d D 1998).
In addition, the police must prove you do not respect the person in the car that he or she is physically in control “to”. Evidence as the only person walking on a lonely street one block from a car inTrench may be sufficient to be determined actual physical control or recent projects. People v Jones, 198 Ill App 3d 572, 555 NE2d 1143 (3d D 1990).
“From each vehicle.” In Illinois, a vehicle is defined as “[e] very device in, may be carried on or through any person or property or, or hauled on a highway, except devices moved by human power, devices used exclusively on stationary rails or Title and snowmobiles. “625 ILCS 5/1-217.
Thus, cars, motorcycles, mopeds and even electricScooters are considered vehicles. In fact, even a horse can be considered vehicles. See 625 ILCS 5/11-206.
The fact that a vehicle is inoperable no defense, if it is granted, a junk certificate and falls under the definition of junk vehicle under 625 ILCS 5/1-134.1. People v Cummings, 176 Ill App 3d 293, 530 NE2d 672 (3d D 1988).
“Everywhere in the state.” It is no defense to the criminal charge of DUI, that the car is not on a highway. ( “But I was in my parkeddriveway!”) People v Guynn, 33 Ill App 3d 736, 338 NE2d 239 (3d D 1975).
The summary suspension
In Illinois, drivers may receive up-front (i.e., beginning on the 46th day following arrest) suspension of their driving privileges if they are arrested for a criminal DUI and then score a .08 or greater on a breath/blood test or have illegal drugs in their system, or if they refuse chemical testing. 625 ILCS 5/11-501.1.
http://www.felonylawyer.pannipa.com/2009/10/02/every-lawyers-guide-to-dui/
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Virginia Hopewell City Reasonable Doubt Reckless Driving Intoxicated Convicted Lawyers Attorney
Virginia Hopewell City Reasonable Doubt Reckless Driving Intoxicated Convicted Lawyers Attorney
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Home Page > Law > Health and Safety > Virginia Hopewell City Reasonable Doubt Reckless Driving Intoxicated Convicted Lawyers Attorney
Virginia Hopewell City Reasonable Doubt Reckless Driving Intoxicated Convicted Lawyers Attorney
Posted: Oct 14, 2010
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Virginia Hopewell City Reasonable Doubt Reckless Driving Intoxicated Convicted Lawyers Attorney
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
(ArticlesBase SC #3476399)
Article Source: http://www.articlesbase.com/ – Virginia Hopewell City Reasonable Doubt Reckless Driving Intoxicated Convicted Lawyers Attorney
LINDA EUGENE HALL v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
August 5, 1997, Decided
The defendant appealed from the judgment of the Circuit Court of the City of Hopewell (Virginia), which, after a bench trial, convicted her of reckless Hopewell Police Officer testified he arrived at the designated location and found appellant’s car stopped in a heavily travelled area and that the appellant was “passed out behind the wheel. The police officer opined that appellant’s car was a traffic hazard which posed a threat to appellant’s safety and to the safety of other motorists. However, he never saw the car in motion prior to or during his investigation and he confirmed that he had not observed appellant driving the vehicle. The appellant told him she was headed home to Chesterfield while the direction of her vehicle was such that she was really “coming from Chesterfield. A strong odor of alcohol was escaping from the vehicle and there were two open alcoholic beverage containers therein. Appellant admitted she had been drinking. The prosecutor elected not to proceed on the charge for which appellant was arrested and amended the charge to reckless driving.
Issue:
Whether the evidence was sufficient to prove beyond a reasonable doubt that defendant drove a vehicle recklessly on a highway in violation of Va. Code Ann. § 46.2-852.?
Discussion:
This court held that the circumstances in which the police officer found appellant’s car were such as to give rise to an inference that appellant drove her car to the location where the police officer found her. In fact, it has been held in similar circumstances that a defendant could be convicted of driving or operating a motor vehicle while intoxicated. However, the circumstances in appellant’s case do not give rise to an inference that she drove her car in a reckless manner. To support a conviction for reckless driving in violation of Code § 46.2-852, the Commonwealth must prove beyond a reasonable doubt that the accused drove the vehicle in a reckless manner “so as to endanger the life, limb, or property” of another.The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. this court held that under the facts shown by this record, the Commonwealth has failed to prove beyond a reasonable doubt that appellant was guilty of reckless driving in violation of Code § 46.2-852.
Conclusion:
This court hence found that the evidence was insufficient and reversed the conviction
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
(ArticlesBase SC #3476399)
Atchuthan Sriskandarajah -
About the Author:
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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Home Page > Law > National, State, Local > DWI Lawyers Provide Protection from the Law
DWI Lawyers Provide Protection from the Law
Posted: Oct 26, 2009 |Comments: 0
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DWI Lawyers Provide Protection from the Law
By: Brian Kent
About the Author
Brian Kent is a professional lawyer who is engaged in writing articles that revolve around the topic of legal issues such as the DWI or DUI cases. You can find most of the topics regarding his written works at this site: http://www.dwiattorney.com
(ArticlesBase SC #1380847)
Article Source: http://www.articlesbase.com/ – DWI Lawyers Provide Protection from the Law
You are sure.ly ware that being convicted with DWI, you will be facing serious consequences which can cause you to need DWI Lawyers. DWI is a serious criminal act in every state. In fact every state has its DWI law which is the bases of giving punishment to those who are caught driving while intoxicated. Because of the case filed against you, you feel that you do not have the ability to defend yourself but you do not like to plead guilty at once that is why you have to hire DWI Lawyers who will do the work for you.
Having DWI Lawyers at your side can do you a lot of favor while hearing your case. DWI Lawyers knows every law and how the court system works. Thus getting the service of the greatest DWI Lawyers will give you an assurance that you can be declared not guilty in the end. You cannot plead guilty at once just to get out from your case and so hiring DWI Lawyers who can defend you will be the wisest decision you will make after you have been arrested.
The law is compared to a complicated monster with several heads. You cannot just simply hire a lawyer to defend your case because every lawyer has its specialization. Thus it is essential for you to make sure that the DWI Lawyers you will hire have wide experience in criminal defense. Getting DWI Lawyers who handled drunk driving charges can give you the air of confidence that you can have a positive outcome in your case.
You should also consider that there are many DWI Lawyers serving in your state so you have to be really choosy in selecting DWI Lawyers you will work with. You should understand that some DWI Lawyers are much better than the others and the fees of DWI Lawyers also vary depending on their skills and experience in handling such case. Since your life will be ruined because of your DWI case, it is just a wise act to become intelligent in making your choice since you are required to spend a lot of money for the service of DUI Lawyers.
Frankly speaking what you really need is DUI Lawyers with background in handling DWI cases such as yours. You can ask about the number of cases the DUI Lawyers has handled and win. As a rule the many cases the DWI Lawyers have handled, the experienced and skills they are. If the DUI Lawyers that you have wide experience in such cases, you can make sure that you will be given the best legal service you need in such situation.
So if you have been convicted with DWI, do not raise your two hands at once and say “I am guilty” without trying to defend first yourself with the help of best DWI Lawyers in your state. Although you are face with so many charges, you do not have to lose your hope that everything will turn to be fine because there are DWI Lawyers who are ready to help you.
Retrieved from “http://www.articlesbase.com/national-state-local-articles/dwi-lawyers-provide-protection-from-the-law-1380847.html”
(ArticlesBase SC #1380847)
Brian Kent -
About the Author:
Brian Kent is a professional lawyer who is engaged in writing articles that revolve around the topic of legal issues such as the DWI or DUI cases. You can find most of the topics regarding his written works at this site: http://www.dwiattorney.com
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Oct 07, 2009
Fresno DUI Attorney – Why You Need a Fresno DUI Attorney
A Fresno DUI attorney, why would you need one? The term driving under the influence or DUI is used by all states to describe an individual that is operating a motor vehicle while intoxicated or at the very least impaired. Because of the seriousness of driving drunk, state laws continue to establish and enforce stronger drunk driving penalties on a yearly basis. All states have mandated that intoxication is a blood alcohol level or content (BAC) of 0.08% or higher. However, minors found…
By:
Arnold Benningl
Finding State Marriage Records
In the past, access to marriage records and other such accounts were typically restricted to government and law enforcement officials and used to track down suspected criminals or other individuals of interest. Marriage records search is common practice these days.
By:
Sabrinalee107l
Law>
National, State, Locall
Nov 10, 2010
Privacy Advantages of a Living Trust
Many people don’t realize the privacy issues that will face their family should they die without a living trust. That’s simply because upon your death, everything you are leaving behind to your loved ones automatically becomes a matter of public record—even if you have a will or other estate planning documents in place!
By:
Steve Worralll
Law>
National, State, Locall
Nov 10, 2010
Houston Bankruptcy Lawyer Answers Frquently Asked Questions
Houston bankruptcy lawyer provides answers to Chapter 7, 11 & 13 Bankruptcy Frequently Asked Questions
By:
Rosannel
Law>
National, State, Locall
Nov 10, 2010
Hire an efficient Landlord attorney San Diego
If you are a landlord and you are irritated from the late payments and bounced checks then you must ask your tenant to leave your place. Some tenants do not obey the landlord and in such cases he is required to hire the services of an efficient landlord attorney San Diego.
By:
Francis Andohl
Law>
National, State, Locall
Nov 10, 2010
Types of residential tenancy agreement in Australia
A tenancy agreement is a contract between a landlord and a tenant specifying the terms and conditions of their rental agreement. Tenancy agreements are usually put in place before letting out property.
By:
Robert Markl
Law>
National, State, Locall
Nov 10, 2010
Benefits Of Hiring a Missouri Injury Lawyer
If you have lost any of your near ones in a car or a bus accident and you desire a proper justification of the mishap, a Missouri injury lawyer is the correct option to go for. However, if you have faced any job injuries or serious business issues, a St Louis accident lawyer will indubitably ebb off your worries.
By:
Jackson Wilsonl
Law>
National, State, Locall
Nov 09, 2010
Role Played By A St. Louis Attorney In Handling The DWI Issues
To handle the day-to-day accident issues of St. Louis, several lawyers are available in the law firms. Different types of mishap issues are reported, to deal with which the St. Louis attorney specializes in those respective fields. The St. Louis DWI lawyer is, however, in great demand among all.
By:
Jackson Wilsonl
Law>
National, State, Locall
Nov 09, 2010
Role of a Missouri Personal Injury Lawyer
A Missouri personal injury lawyer deals with a wide breadth of area including injuries due to accidents or dog bites as well as sexual harassment. Filing a lawsuit in the event of personal injury is something that can not be handled by a layman. It is the situation where the role of an injury lawyer comes in handy.
By:
Jackson Wilsonl
Law>
National, State, Locall
Nov 09, 2010
Finding Affordable DWI Attorney to Defend Your DWI Case
Every state has a law regarding driving while intoxicated of popularly known as DWI. This is because many of the American drivers are still neglecting the fact that DWI is very dangerous not only in the life of the driver but also in the life of the other people on the road.
By:
Brian Kentl
Law>
National, State, Locall
Oct 26, 2009
DWI Lawyers Provide Protection from the Law
You are sure.ly ware that being convicted with DWI, you will be facing serious consequences which can cause you to need DWI Lawyers.
By:
Brian Kentl
Law>
National, State, Locall
Oct 26, 2009
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Brian Kent is a professional lawyer who is engaged in writing articles that revolve around the topic of legal issues such as the DWI or DUI cases. You can find most of the topics regarding his written works at this site: http://www.dwiattorney.com
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