Category Archives: Uncategorized

MI: Phone Tips Are a Probable Cause

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Michigan Representative Lamar Lemmons is proposing a bill that allows police to pull over a suspected drunk driver when they receive a phone tip from a third party. Currently, in order for police to pull a driver over, they need to witness a reckless driver on the road.

This bill came as a result of a tragic incident in 2009 when a drunk driver killed four teenagers. The drunk driver’s family knew their relative was on the road and called the police, but the tip was not a probable cause for the police to stop the driver.

This bill seems to be polarizing the state of Michigan. While many advocates are thrilled, many who are opposed believe that people will abuse the system. What if someone is misguided about whether a person is drunk or not? A phone call could possibly lead the police down a wrong path. However, a phone tip could save lives if the police do stop a drunk driver and prevent an accident from happening.

It seems as if this law is allowing citizens to be more active in preventing drunk driving. Do you think people are able to accept this responsibility?

[Source: UpperMichiganSource.com]

Loopholes for Repeat FL DUI Offender

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Here’s a lesson to us all: commit all of your crimes in a short period of time and you can get away with a simple misdemeanor.

We see legal loopholes all the time, but this story definitely takes the cake. Stacy Slabach is a repeat DUI offender. Under Florida state law, she should be convicted of a felony. In Florida, a third DUI arrest is considered a felony if the arrests are within the same decade.

Slabach was arrested for a DUI back in 2000. However, this year, she was arrested for a DUI on April 15th. On April 19th, she was arrested again for a DUI. Since her April 15th conviction wasn’t placed yet, her April 19th arrest does not factor. Therefore, she cannot be considered a felon.

Talk about good timing.

In the past, this non-DUI-felon also received jailtime for cocaine possession and she even brought in contraband into the facility during her stay. Furthermore, she has also been found guilty of prostitution and heroin possession.

Yeah, this definitely doesn’t sound like someone who could possibly get a felony for a DUI…

VT to Crack Down on Bus Drivers with DUI Offenses

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In the news, there has been story after story about bus drivers getting pulled over for a DUI – even in instances when there were children on the bus. This is reprehensible and, of course, concerned citizens would want these bus drivers’ licenses revoked.

Vermont is becoming one of those states to look heavily into this matter. Lawmakers are working on a regulation to ban a driver from getting a commercial driver’s license if they have ever been convicted of a DUI.

This seems fair, but what about DUI offenders who have reformed?

“We all believe in rehabilitation and redemption and the opportunity to move forward and continue to have opportunities in our society, so we have to weigh that against possible safety concerns …whether an absolute ban is right; I want to give it more thought,” states Governor Jim Douglas.

Is this possible regulation fair? Should commercial drivers – especially bus drivers -  be held to a higher standard, even after one DUI?

[Source: http://www.wcax.com]

No-Refusal Weekend in Illinois

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Kane County, Illinois, is planning another “No-Refusal Weekend”. No-refusal weekends are when judges and prosecutors are on call to draft up search warrants for drunk drivers who refused to take a sobriety test. These warrants force offenders to submit to a blood test.

There is no legal authorization that permits the use of physical force during no-refusal weekends. However, during past no-refusal weekends, most suspects complied.

This program is mostly aimed at repeat offenders. Many repeat offenders refuse to take a breathalyzer because their punishment could be less severe.

Kane County does not announce when their no-refusal weekends will be; they only announce that one is coming soon. In the past, most no-refusal weekends occurred during a holiday. Maybe one is coming up around Memorial Day?

The Chicago Tribune says there are a of legal uncertainties about no-refusal weekends. Is it fair to draft a search warrant because someone refused to submit to a test?

M.A.D.D. Oversight in Nevada

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Last year, the Nevada traffic safety office gave M.A.D.D. a $20,000 grant to educate judges and prosecutors about ignition interlock devices. However, the information M.A.D.D. shared was only in regards to first and second DUI offenses and not DUI felonies.

M.A.D.D. representative Keely Hedderman never spoke with judges or prosecutors about the law that requires DUI offenders to have an ignition interlock device for three years if they have killed or injured someone. She was only looking at first and second offenses and not felonies.

Because of this oversight, Nevada did not renew the grant. M.A.D.D. was unaware of this oversight, as well.

Do you think Hedderman was still being effective with just informing judges about first and second DUI offenses? What do you think this oversight means for M.A.D.D. and the reputation of Nevada’s DUI enforcement?

[Source: The Reno-Gazette Journal]

Interview with DUI Lawyer Steven Fagan

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Prospective Harsher Penalties for Repeat DUI Offenders in Colorado

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This past Friday, Colorado’s House passed a bill that would create harsher penalties for repeat DUI offenders.

Sponsored by Representative Claire Levy, House Bill 1347 includes a minimum prison sentence of ten days after a second DUI or DWI. For a third DUI, the offender faces 60 days minimum in prison.

The bill also includes a provision that will now require judges to issue ignition interlock devices, along with the offender being required to make periodic court visits and allow government monitoring of their drug and alcohol usage.

[Source: State Bill Colorado]

What is the Reason for Wisconsin's Lenient Drunk Driving Laws?

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In the beginning of the month, the Associated Press‘ Scott Bauer analyzed Wisconsin’s drunk driving laws in the wake of state representative Jeff Wood’s third DUI within ten months. He came to understand that drunk driving regulations are never the priority for Wisconsin state legislators, most likely because lawmakers want to protect themselves from their own DUI arrests.

Some of the most popular breweries began in Milwaukee. Because of this, many people believe beer is an integral part of Wisconsin’s culture. However, the state has one of the highest rates of binge drinking and drunk driving. It also has a high rate of lawmakers finding themselves in trouble with the law for drinking and driving.

Rarely are lawmakers punished for their crime. In the case of Jeff Wood, Bauer claims that Wood “… appears poised to serve out his term with only a ceremonial slap on the wrist.”

It is a major accusation that lawmakers are lax on drunk driving laws in order to protect themselves. However, maybe it is time for people to accept that public officials probably care more about their reputations than their constituents.

Is Minnesota Lagging Behind the Rest of the Country When it Comes to DUI Laws?

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In an article in the Star Tribune, writer Richard Meryhew looks at Minnesota’s state drunk driving laws versus other state laws and finds that Minnesota is very behind the curve.

In the state of Nevada, there was a case where a drunk driver who killed a bystander received ten years in prison. In a similar case in Minnesota, the driver received only one year in prison.

Rarely are DUIs considered a felony in Minnesota, even for repeated offenders. Only if a person is killed can a DUI offender be convicted of a felony, as past rulings have indicated.

Unlike many of other states, Minnesota does not have sobriety checkpoints. In fact, in 1994 the state Supreme Court ruled sobriety checkpoints unconstitutional. Minnesota uses saturation patrols, which Meryhew claims are very ineffective.

Many states issue worse penalties for drivers who have a Blood Alcohol Level of .15 or above at the time of arrest. Minnesota issues these penalties if a person’s BAC is 0.20 or above. Some of the penalties other states issue include requiring drivers to use an ignition interlock device. A proposal by Minnesota’s governor Tim Pawlenty to require ignition interlock devices is still being debated in committee.

Why isn’t Minnesota influenced by the drunk driving laws of other states? If Minnesota were to toughen its laws, what consequences do you think will occur?

Update: Maybe an ignition interlock bill is closer than we think, according to this article.

Interview with TX DWI Lawyer, Jack Robinson

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CA Mayor Takes Part in Sobriety Challenge

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While some people were celebrating St. Patrick’s Day in Dublin, California (in addition to the Dublin in Ireland), other people were learning about the dangers of drinking and driving. Dublin Mayor Tim Sbranti was one of the participants in the St. Patrick’s Day Sobriety Challenge sponsored by Infineon Raceway.

The challenge included taking field sobriety tests and driving through an obstacle course on the Sonoma Track. Participants were tested once while sober and once after having been served wine or beer.

Even with his B.A.C. just under the California legal limit, Mayor Sbranti managed to fail many of the obstacles in the course and probably would’ve been pulled over had this been a real event. In California, even with a first offense, a person with a DUI can face jail time, have their license suspended, and pay a very expensive fine. It is important to have an experienced DUI attorney while you deal with this difficult situation. Click here for more information on California DUI Laws.

Maryland Senate Approves Ignition Interlock Device

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The Maryland Senate has approved a bill to issue an ignition interlock device to a first time DUI offender. This is only a preliminary approval and WBAITV.com reports that the House Judiciary committee has yet to bring up the bill, but the Senate will most likely pass it on Thursday, March 25th.

Like other states, Maryland is issuing ignition interlock devices after hearing of some shocking statistics. A third of Maryland drunk drivers continue to drive after their license is suspended. Furthermore, many first time DUI offenders have admitted to driving drunk numerous times before their arrest.

The American Beverage Institute has objected to this ruling. They claim that issuing the interlocks after one offense is too harsh of a punishment. However, Maryland lawmakers insist that this measure will prevent a lot of drunk-driving deaths on Maryland’s highways. If you’re based in Maryland and need help with a current DUI, contact attorney Andrew D. Alpert today.

California's AB 1601 Passes Despite Concern

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Assemblyman Jerry Hill was victorious yesterday when the California Public Safety Committee approved his bill, AB 1601. This bill would require courts to permanently revoke the license of a person convicted of a DUI for a third time. According to the Contra Costa Times, 310,000 California drivers have had three DUI convictions.

Despite the committee approving the bill, members of the California DUI Lawyers Association and the ACLU had concerns. Ignacio Hernandez, a representative from the California DUI Lawyers Association, objected to a provision in the bill that allows the DMV to review a driver’s lifetime driving record as opposed to the driving record from the past ten years. Because of this, Hernandez argues, a person who had DUI convictions 35 years apart would be treated the same way as someone who has multiple DUI convictions in one year.

ACLU representative Valerie Nevarro believes AB 1601 is an unfair bill for allowing courts to permanently revoke licenses. People would be unable to get to work or other places, which would result in a variety of problems.

Hill assured everyone that judges will look at each DUI case individually and use discretion when deciding on the proper punishment.

If you are looking for help for your DUI or for someone you know in the state of California, contact Lieber, Williams, and Labin for a consultation.

Nevada resurrects Advisory Coalition on Impaired Driving

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After a series of communication issues with handling drunk driving cases, Nevada Attorney General Catherine Cortez Masto has decided to bring back the Advisory Coalition on Impaired Driving. The coalition had not been meeting much in recent years, but is now back in full force after the Reno Gazette-Journal reported problems of Nevada handling drunk driving cases.

Some of the issues in the Reno Gazette-Journal included judges not following the law requiring them to issue interlock devices to people convicted of a DUI. The journal also reported the DMV giving licenses to offenders before their suspension deadline.

Now that it is reinstated, Special Deputy Attorney General Brett Kandt says he hopes the coalition can include more key members such as representatives from the courts, DMV, DOC, and Parole and Probation. With this, he hopes to dramatically reduce the number of drunk drivers in Nevada. If you are dealing with a DUI arrest in the state of Nevada, a DUI attorney is here to help.

Holiday DUI enforcement results in more than 700 arrests in Washington

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If you've been arrested in King county, Washington for DUI, contact Scott Wonder for a free consultation.

If you've been arrested in King county, Washington for DUI, contact Scott Wonder for a free consultation.

Throughout the state of Washington, DUI enforcement by both the local and state enforcement agencies resulted in the arrests of 713 people for Washington DUI between Thanksgiving and January 10.  This announcement comes from the Washington State Patrol.

Police departments throughout Washington participated in increased DUI enforcement.  These increased holiday patrols are known as X-52 patrols.

King County holiday enforcement team arrested 256 individuals. This team aggressively enforced Washington state DUI, aggressive-driving and seatbelt laws. The team worked in conjunction with several other King County police agencies as a part the X-52 patrols.

There were no reported fatal collisions on King County highways during the 2009 holiday season.  However, on December 15, there was one injury accident allegedly caused by DUI. The drivers of both vehicles involved in the wreck were hospitalized.

If you were arrested for Washington state DUI in King county, please contact DUI attorney Scott Wonder for a free consultation.

Interview with New York DWI attorney Rachel Kugel

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Rachel Kugel, a noted New York DWI attorney, is interviewed by 1800duilaws.com for information about New York DWI laws.   In her interview, Rachel answers the following questions:

1.What to do immediately following an arrest for DWI in New York?

2. Why should someone hire a lawyer to help defend against DWI charges?

3. What type of experience should someone look for in a DWI attorney?

Listen here:

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Do you have a question about a New York DWI case? Contact attorney Rachel Kugel for help.

Charge of DUI in Boone – Missouri DUI Lawyers

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Personalized Legal Advice to Counter a Charge of DUI in Boone

Facing a charge of DUI in Boone County, MO can be one of the most difficult times for any person. It is crucial then for Missouri DUI lawyers to not just simply display competency in their field, but also show compassion for their clients. This kind of personalized legal service is exactly what Atty. Jason Korner delivers.

Every client is given ample attention by Atty. Korner in order to fully understand their unique situation and come up with an aggressive defense plan to counter the drunk driving charge. Atty. Korner has defended clients against a range of charges, from minor traffic violations to complex felonies. He uses these experiences as he personally represents each client in court.

Also practicing in Jefferson County, Atty. Jason Korner is ready to help battle a charge of DUI in Boone. The attorney is listed among other Missouri DUI attorneys at 1800DUILaws.com. Call 1-800-DUI-LAWS to schedule a free consultation.

DUI Case in Jackson – Missouri DUI Lawyer

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Protect Your Rights against a DUI Case in Jackson with the Assistance of a Missouri DUI Lawyer

If you or your loved one is facing a DUI case in Jackson, it is crucial to get the services of a Missouri DUI lawyer at the soonest possible time. Following the arrest, you only have up to 15 days to request for a hearing, after which time, your license may be suspended for a whole month.

If convicted, you can face harsh repercussions even if you do not have a prior drunk driving history. These consequences may include a two-year probation, installation of ignition interlock device in your vehicle, and dropped auto insurance if not a significant hike in premium rate. All these still do not account for the damage in reputation brought about by the conviction for misdemeanor or felony, which is how a DUI case in Jackson is categorized.

With over 10 years of defending criminal and felony cases, Missouri DUI lawyer Christopher Fink can help in your battle against a drunk driving charge in Jackson, Caldwell, Clay, Clinton, Daviess, DeKalb and Platte counties. Visit 1800DUILaws.com to learn more about the lawyer, or call 1-800-DUI-LAWS for a free initial consultation.

Charge of DUI in Caldwell – Missouri DUI Laws

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DUI First Offense in Jefferson Leads to Harsh but Not Unavoidable Penalties

DUI first offense in Jefferson can lead to penalties that get steeper with subsequent convictions. Missouri DUI laws impose a different set of repercussions depending on the number of times the person has been found guilty of drunk driving.

In Boone and the rest of Missouri, DUI first and second offenses are considered misdemeanors, while succeeding convictions are treated as felonies. Imprisonment, fine, probation, and revocation of driving license are common in all occasions. As for the jail time, first- and second-time offenders are looking at a maximum of one year, but further offenses are dealt with more severely. The same escalating scheme applies to the amount of cash fines.

The bottom line is that these repercussions are too steep for anyone to suffer from, especially those faced with DUI first offense in Jefferson. While Missouri DUI laws may be tough, an equally unyielding defense lawyer such as Jason Korner can help safeguard against the enhanced repercussions of a drunk driving case in Jefferson. Also catering to clients in Boone county, Atty. Korner can be reached by calling 1-800-DUI-LAWS or visiting 1800DUILaws.com.

Jefferson DUI Law – Missouri DUI Attorneys

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Violations of Jefferson DUI Law Require the help of Top-Caliber Missouri DUI Attorneys

As with the rest of Missouri, Jefferson DUI law implements the “per se” ruling that prohibits drivers from operating a vehicle if their BAC or blood alcohol content exceeds 0.08 percent. Missouri DUI attorneys can assist people who are experiencing troubles with this law.

It is a common mistake for drivers to assess their sobriety based on their tolerance for alcohol. Unfortunately, though, tolerance does not factor in when they get arrested and as they take field sobriety tests. Having a BAC level of .08 and above is sufficient basis for a conviction and there is no need to establish impairment.

Specializing on DUI defense, Atty. Jason Korner can help an accused through the technicalities of field sobriety tests and Jefferson DUI law, in general. Serving Jefferson and Boone counties, Atty. Korner is among the finest of Missouri DUI attorneys; he has even delivered lectures on DUI defense to over a hundred lawyers. To employ his legal services, dial 1-800-DUI-LAWS or log on to 1800DUILaws.com.