Taking A Cab Vs Drunk Driving

November 19, 2010 By Leave a Comment

By Thomas Ajava -

You’ve seen the advertisements telling you to take a tax instead of drive drunk, but the scare tactics are a bit much. In this article, we look at facts for the taxi cab vs drunk driving debate.

I’ve always loved the phrase “buzz kill”. It seems so appropriate and applies to so many situations. Having a blast in a bar with friends and seeing your girlfriend walk in with someone else is a major buzz kill. Well, so is getting a DUI after a fun evening of consuming “adult beverages.”

Look, you know you should take a cab whenever you’ve been drinking. I don’t have to beat you over the head with that because so many people already have. I also don’t have a sob story for you about how my baby seal was killed by a drunk driver. No, none of that. Instead, I am just going to hit you where it hurts the most – your wallet.

Think about your favorite watering hole. What would a cab ride cost between it and your place? $20? $40? $60? Let’s say it cost $100 just to keep things simple. Now, consider the cost of driving home drunk and getting caught. Your get free room and board for the night, but your roommates aren’t the greatest. Once you are out, you are going to have to hire a lawyer. That is $5,000 to $10,000 depending on where you live. You are eventually going to end up in jail or on probation. Either way, you are going to pay another few grand in fines. Now let’s consider your car insurance rates. They are going to triple at the least for this year and the foreseeable future.

So, what kind of damage are we looking at here for your wallet? The cab will set you back $100. The drunk driving? Between $10,000 and $20,000 when all is said and done.

Now how are you going to get home the next time you tie one on? The math should tell you the answer.

Thomas Ajava writes about taxi transfer issues and other taxi cab subjects for TaxiCabCompanies.com.

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Filed Under: DUI Tagged With: , , , , , , , , ,

Criminal Attorney – Your Guide Through the DUI Process

July 27, 2010 By Leave a Comment

By Abraham Avotina -

No one expects to be arrested for driving under the influence. However, sometimes a night out with friends often leads to over indulgence and you get pulled over for drinking and driving. It can be hard to deal with the thought of going to court paying fines and losing your license but these are the consequences of this mistake. Many people don’t want to have to deal with the money it will cost to pay a criminal attorney and would rather just get everything out of the way as quickly as possible. This is a mistake. The benefits that retaining a good lawyer will reap for you are well worth the time and money you invest in working with him.

First of all, in many jurisdictions the penalty for DUI is jail time plus a substantial fine. This is often in addition to court ordered substance abuse evaluations and treatments. A good criminal attorney will work to not only lower the fines that the court imposes but will almost always be able to help you avoid serving jail time. This is no small thing considering the average fine for DUI is close to $5,000 and jail time for a first offense is in the neighborhood of 90 to 180 days. These penalties go up for each subsequent conviction and you could end up facing five years in prison. Factor in the cost of all the other things like an interlock device and insurance premiums and the fee for hiring a good criminal attorney is much more reasonable.

Beyond jail time and fines the biggest penalty of being convicted of drunk driving is that almost without fail you will lose your license. Most states have implemented zero tolerance policies when it comes to DUI and that means that if you are over the legal limit, even if you are not convicted you can lose your license for at least six months. For most people not driving is not an option. Our lives rely on our ability to get to and from our duties in a timely manner. The loss of driving privileges will cripple most people’s daily lives. Fortunately a good criminal attorney is often able to save your license and keep you on the road.

More than any one thing the benefits of having a good criminal attorney add up a necessary ally in this difficult situation. Beyond defending you in court he will help you understand what is going on and work to avoid a trial altogether. Often he is able to reduce the charge or have it dismissed. As a last resort he will go to the bat for you in a trial and hopefully win the case. Regardless of the outcome however you will want someone qualified and familiar with the process by your side as you try to navigate this often confusing and frustrating situation.

If you need a criminal attorney in Milwaukee you need to make sure you get someone qualified to represent you and dedicated so their job, please see: http://www.birdsall-law.com.

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Filed Under: DUI Tagged With: , , , ,

Treatment Instead of Jail

June 16, 2010 By Leave a Comment

By Christian Shire

DWI Courts

DWI Courts are not as well established or necessarily separated from their sister court, Drug Courts, but they continue to provide a welcome alternative to time spent in jail or more superficial forms of punishment through the criminal justice system. People who are arrested for a DUI offense or commit crimes while under the influence of alcohol with indications that they have a serious alcohol problem either by a history of alcohol-related arrests or a significantly high BAC (blood alcohol content) may get processed through the DWI Court or Drug Court system.

Better Results

The DWI Court was established in recognition that the crime needed to be punished, but at the same time the underlying problem of alcohol abuse and addiction needed to be addressed as well and the court seeks the hardcore repeat offenders. With as many as a 1 in 3 DUI arrests being repeat offenders and over half of fatal car accidents involving a drunk driver, treatment and education is way to fix the problem at its root and keep the community safe. The program seeks to make the offender accountable for their actions and provides the supervision and support necessary to live a healthier lifestyle.

Supervised treatment

After arrest, if a candidate is seen as needing treatment, they will undergo a clinical assessment to see the severity of dependency, medical and mental health status, extent of social and familial support and individual level of motivation to change. Then a treatment plan will be developed according to the needs of the offender and they will then begin treatment under the supervision of the court. This will usually involve frequent and random testing. Since alcohol leaves the body much quicker than other drugs, they have developed a number of creative and effective ways to check other than the Breathalyzer including technology to detect alcohol through voice analysis that can be done over the phone.

Long Term Treatment

The program set out by the court usually involves intensive supervision by a probation officer, counseling, attending AA and 12 step meetings, community service activities, court appearances and can include vocational training. Programs general last for 9 or more months with some courts having an aftercare period with reduced counseling and testing sessions, but regular AA attendance.

Although the DWI Court program is voluntary, failure to follow the rules can result in loss of points within the program, increased length and repetition of treatments and jail time.

Is DWI Court for you? Find out at http://www.choosehelp.com/alcoholism/dwi-court-alternative-sentencing-for-alcoholics.html/

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Filed Under: Arrested, DUI Tagged With: , , , , , , ,

Do You Know Where to Turn After a DUI Arrest?

October 22, 2009 By Leave a Comment

By Violet Ebert –

Were you aware that driving under the influence is the number one cause of automobile accidents in the United States? Every year, there are 25,000 deaths and 708,000 injuries as a direct of result of accidents caused by those who’ve had too much to drink. Those are staggering statistics. So what happens when you made the same bad decision in driving under the influence? The answer lies with your Washington DUI attorney.

A DUI arrest is nothing to take lightly. There are severe repercussions that come with a DUI on your record. First off, it can potentially affect both you professional and personal credibility. It can be a severe black mark on an otherwise clean record. A DUI arrest could mean you are not eligible or suitable for a number of jobs. This is especially true if your job involves driving for a living. You can’t exactly drive with a suspended license. A Seattle DUI lawyer can make sure you life isn’t impacted too severely.

Obviously none of this sounds quite appealing, making a Washington DUI attorney even more important. They can hopefully minimize the negative impact of a DUI charge. This can range from suggesting a plea bargain or pleading guilty to a lesser charge, with a less severe punishment. Your Seattle DUI lawyer is the best option you have in knowing your rights and what is the best course of action. Here are the three main items to look out for when searching for a Washington DUI lawyer:

Case History
Their case history means their standing in the courtroom and in society. It also means how many cases they or their firm has won. If your Washington DUI lawyer has not won that many cases, then it probably is a smart decision to find one who has. The last thing you want is an attorney who promises a lot but delivers very little, except a bill at the very end.

Experience
A smart decision is to check the amount of time your lawyer has served in a court of law setting. You can’t underestimate the importance of this. Do you trust your case to an attorney who has never seen a courtroom before?

Price
Price is probably the one issue both parties must be clear on. You want a Seattle DUI lawyer whose price is affordable. Ask about their costs, fees and when you are responsible for payments. Choose a lawyer who is affordable, honest, and upfront with all costs.

Violet is a Seattle DUI lawyer passionate about handling your DUI charge, with ease, speed and professionalism. Trust your case to a dynamic Washington DUI attorney. A Washington DUI lawyer can act swiftly on your behalf.

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Filed Under: Bail, DUI, DUI Court, Jail Tagged With: , , , ,

Using Bail To Get Out Of Jail – What A Civil Idea

October 31, 2008 By 1 Comment

By Aazdak Alisimo

When you really think about it, the concept of bail is a pretty civilized idea. If you’ve been arrested for a crime, buying your freedom is probably a small price to pay.

The story of bail could be said to have originated in medieval England where the local sheriff had the basic right to hold an accused person or to release him prior to trial. Apparently, this system was much abused with the sheriff deciding those who could pay him the most deserved to wait for their trials at home, and the ones unable to pay would wait in the jail. As early as 1275, laws were enacted to define what offenses were “bail offences”, and which were not.

The problem came to a head in the 17th century. The King of England, Charles I, decided he needed some loans from his nobles. Those that refused to make the loans were imprisoned. Apparently, the idea was that the nobles would rot in jail while the King worked out exactly what offense they had committed and arranged a trial. This process could have been extended forever. The English Parliament got involved and passed the Habeas Corpus Act of 1679 that said that an Englishman could not be held without a chance to post some sort of surety bond unless accused of a heinous crime or some other justifiable circumstance.

Ten years, later, the English Bill of Rights made this a basic part of English law. People were guaranteed the right to be free from excessive and unreasonable bail that was designed to hold them in jail unfairly before an actual trial or sentence. This became the basis of the 8th Amendment in the United States Bill of Rights. The concept of Habeas Corpus was established. It is based on the concept that no man is guilty until proven so in a court of law, and so, does not deserve to be imprisoned until a trial has decreed a sentence.

Bail became the way to insure this right, and it could not be excessive or unfair. Yet, on the other hand, although people are innocent until proven guilty, some of them are guilty and will eventually be proven so. The bail system had to insure against the release of criminals who would only flee and either escape or be recaptured at great expense.

In the United States, the major issues that have been addressed by the various changes in the bail laws have been of the danger of released accused fleeing or, worse, committing additional crimes. The idea that certain people pose a danger to the community and should be denied bail is at the heart of the current United States Code regarding bail. This determination demands a judicial decision. The question of the rights of the accused versus the safety of the community underlie all debate on bail laws.

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Filed Under: Bail, Getting Out Tagged With: , ,

Credit Card Fraud Penalties

October 25, 2008 By Leave a Comment

By Debra Feinberg -

What is the penalty for credit card fraud?

Credit card fraud penalties and credit card fraud sentence varies by felony and misdemeanor classes and by jurisdiction and state. Find general sentencing information in New York below (we are federal criminal lawyers and handle all state and federal credit card fraud cases).

1. Third degree identity theft is class A misdemeanor (penal code 190.78

2. Second degree identity theft is a class E felony (penal code 190.79)

3. First degree identity theft is a class D felony (penal code 190.80)

4. Third degree unlawful possession of personal identifying information is a class A misdemeanor (penal code 190.81)

5. Second degree unlawful possession of personal identifying information is a class E felony (penal code 190.82)

6. First degree unlawful possession of personal identifying information is a class D felony (penal code 190.83)

Credit Card Fraud Penalties
Credit Card Fraud Sentence Information

Class C Credit Card Penalties Possible

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    5 to 15 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      3 to 6  years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      3 to 6 years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Class D Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    2 1/3 to 7 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      2 to 4      years in prison
Highest amount of time possible :    3 ½ to 7  years in prison

Class E Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 1/3 to 4 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      1 ½ to 3 years in prison
Highest amount of time possible :    2 to 4 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      1.5 to 3years in prison
Highest amount of time possible :    2 to 4 years in prison

Class A Misdemeanor Credit Card Fraud Sentence Possible

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Class B Misdemeanor

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Violation Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

(note: federal sentencing for credit card fraud the sentencing standards for credit card fraud are classified as a Class C felony first offense and Class B felony for repeat offenses).

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Filed Under: Arrested, Court Tagged With: , ,

And a Misdemeanor Is?

October 25, 2008 By Leave a Comment

By [http://ezinearticles.com/?expert=Jeremiah_Denslow]Jeremiah Denslow

Each state and the federal government have its own system to classify crimes according to their legal code. Although you would think this would cause mass confusion, most times the crimes are along very similar lines with similar definitions.

Felonies are the most serious offenses, often punishable with a prison term of over a year. In more serious felonies the penalty may be death. On the other hand, a misdemeanor means going to jail for less than a year because the nature of the crime is not as serious.

Once you get into the misdemeanors, you get further categories broken out based on the severity of the crime. For instance a Class A misdemeanor is the most serious, with a jail term not exceeding a year plus a fine (variable from state to state.)

If you’re up for a Class B misdemeanor, it is usually a jail sentence of less than 180 days. Class C misdemeanors only carry fines. Felonies on the other hand are much more serious and include capital felonies such as first-degree murder. In jurisdictions with the death penalty, capital felonies may have either the death penalty or life in prison.

Again once you’re into the serious felony charges you have degrees assigned to the crimes. For instance first-degree felonies usually come with prison terms with a range of no less than five years to life.

Your second-degree felonies have jail time of up to 20 years but not less than a deuce (2 years). Third-degree felonies come with prison sentences of no more than 10 years and a deuce less.

You may be wondering how the various crimes are distinguished and how they fit into one category or another. Generally speaking, the decision on how such and such a crime is pegged for classification is based on what the state law says about that crime, any prior offenses and either aggravating or mitigating factors.

While you may think that the wheels of justice grind exceedingly slow and fine, overall the various classifications and penalties do suit the crimes. Rather like that saying referring to doing the crime and doing the time.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more, visit Denslowlaw.com.

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Filed Under: Arrested Tagged With: ,

The Bail Bondsman Coming To The Rescue

October 23, 2008 By Leave a Comment

By Mike Selvon

Prisons and jails will always be needed until humanity reaches the point where no crimes are committed. Prepare yourself for disappointment, because that is not going to be anytime in the near future. People are arrested for everything from domestic disputes to violent crimes.

The bail bondsman is there to help those people get out of jail and have the opportunity to continue to lead their lives while awaiting trial. Once you know the process of using a bail bond agency or bail bond agents, you will be one step closer to freedom.

If you do find yourself on the wrong end of the law’s long arm, then it is good to know what is going to happen. The very first thing, as you might have guessed, is that you are going to be arrested and booked on whatever crime has allegedly occurred.

Just remember that you are innocent until proven guilty. The second step is a judge setting the bail bond. A bail bond is how much money it will take in order for you to get out of jail until the hearing.

Once the bail bond is set you have two options. Option A is to pay the entire bond out of pocket. The great thing about this option is that you will pay no fees and once you show up in court you will get your money back.

Option B is that you contact a county bail bond agent who will pay the bond, or rather guarantee the bond for you. You will have to pay a 10% fee of the total bond amount. The downside to this option is that the fee is non-refundable.

Next on the agenda involves being released with the bail bondsman. It is very important to remember that someone else has taken on the responsibility of your release from jail. You must show up to court or you will find yourself hunted down by a bail enforcement agent, otherwise known as a bounty hunter. That is one situation you want to avoid.

Once you have shown up to court, you will either have a trial or you will have to pay a fine, which will be determined by a jury or a judge, respectively. Best case scenario is that this never happens because you stayed on the straight and narrow path and obeyed the law. If you do find yourself in a sticky situation, then a bail bondsman is going to be your best friend for quite awhile or at least until you show up in court.

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Filed Under: Bail Tagged With: , ,

When Traffic Tickets Become Traffic Crimes

October 23, 2008 By Leave a Comment

By Rob Skubiak -

When you get pulled over for a traffic violation, you may be concerned about getting a fine, or even having points charged to your license. However, depending on what you’re being accused of, a fine might be the least of your worries. The penalties for traffic violations vary from one state to the next, but one thing remains the same: traffic violations such as DUI, reckless driving, hit and run, and leaving the scene of an accident are all considered traffic crimes. Being charged with any of these violations always leads to the potential for criminal charges and jail time, depending on your location and the severity of the crime.

DUI- In most states, you will be arrested and taken to the jail for holding. Depending on how drunk you are and how you behave, you may be able to be released that same day, although your driving privileges may be suspended until your court hearing. When you go to court, the judge will ultimately decide the fate of your case. If you are in a severe case, you may be kept in jail until your trial date, which can be anywhere from two days to two weeks after your initial arrest. To get the best results, you should hire a DUI lawyer to defend your case.

Hit and Run- Being charged with a hit-and-run accident is very serious. Leaving the scene of an accident isn’t a traffic violation, it’s a crime. You will be arrested and entitled to a court hearing, with the possiblility of jail time for your violation. Again, the exact laws in each state will vary, so you’ll need to check with your specific state for exact details.

Reckless Driving- This is another traffic violation that is a crime in most states. Although your first charge will probably elicit a simple ticket, you’re still at a higher risk for being charged with a crime in most states. Also, you need to remember that the severity of your reckless driving charges will define just how severe your punishment is. You might just get a ticket and a fine, but you might wind up in jail or have to face a court hearing. If the latter is your situation, don’t panic. You can hire a qualified traffic lawyer to defend your case.

If you’ve been charged with a traffic violation that has spiraled into a traffic crime, you don’t have to face it alone. There are thousands of qualified traffic lawyers that are out there, waiting to help you with all of your legal needs. You can utilize resources such as Lawyers.com and Legal Match, to help you find the perfect traffic lawyer for your needs. All you need to do is to research your crimes and the consequences of them, and hire a qualified traffic lawyer to defend you. Then you’ll at least have a fighting chance at getting your charges dropped or lowered.

Rob Skubiak is a successful [http://www.trafficlawfirm.com/florida-dui-attorney.html]Florida Traffic Ticket Attorneys specializing in Florida DUI ‘s and Orlando traffic ticket attorney offenses. He started Skubiak and Rivas, P.A. in 1992 and has brought on Alain Rivas as his partner. Rob has appeared in courtrooms all over Florida defending his Florida traffic ticket clients. Official Website of Skubiak and Rivas, P.A. Orlando Traffic Ticket attorneys.

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Filed Under: Arrested, DUI Tagged With: , , ,

Criminal Bail Bonds

October 21, 2008 By Leave a Comment

By Damian Sofsian

Criminal bail bonds are necessary for people who have been accused of a crime to get out of jail while awaiting court dates and/or trials. Once people are charged with crimes, they are entitled to apply for bail while the court case is being processed. There are companies that specifically deal in the processing and approval of bail bonds.

Driving under the influence of alcohol or drugs (DUI) is considered a crime. Driving while intoxicated (DWI) is similar to a DUI, and is also a crime. When arrested for DUI or DWI, it is often very serious. The court proceedings often take months, sometimes even a year or more, so it is common for people involved in these cases to seek and post bail, so as not to spend the time waiting for the court dates in jail, but rather at home.

Criminal bail bond agencies help the accused make bail, which can be very high at times, and friends/family may not have the money for it on hand. Bail bond agencies normally collect particular percentage of the total bail amount (as dictated by law) and assure the court that the defendants will appear to all hearings as and when required.

Bail bond agencies collect 10% of the bail amount as a premium. To have a friend/relative freed from jail, this amount has to be paid instantly. Once the payment is received, the procedures for getting that person released from the jail are arranged.

Criminal bail bonds may sound simple, but in general, they are not. These proceedings take a long time and one has to be very patient. Especially in metropolitan cities, the number of crimes is increasing and so the criminal bail bond businesses aren?t lacking in customers. [http://www.bailbonds-web.com]Bail Bonds provides detailed information on Bail Bond Agents, Bail Bond Companies , Bail Bond License, Bail Bond Schools and more. Bail Bonds is affiliated with [http://www.i-lawenforcement.com]Law Enforcement Training.

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Filed Under: Arrested, Bail Tagged With: ,
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