Facts About Drunk Driving

By Don Zens

When you are pulled over the first thing the officer is going to ask is, “Do you know why I stopped you?” Sometimes a person will say what they think the reason is, but more than likely the officer will be told no.

When the officer tells you the reason he will then ask you how much you have had to drink. The officer is actually looking for evidence that there is a possibility your blood levels are over the legal limit. If you had a glass of wine with dinner you could tell them that unless you think it might hurt you. You can refuse to answer the question if you do not feel comfortable responding.

If the officer believes you are over the legal limits they will ask you to step out of the car so you can take some sobriety tests. Be prepared to do three or four different tests so the officer can come to their conclusion if you are drunk. The tests could be having you balance on one foot, recite your ABC’s, count backwards or even walk a straight line.

If you fail these tests the officer might offer a breath test so he can see exactly how intoxicated you are. Even if you refuse to do the breath test if you failed the sobriety tests then you will find yourself being arrested and transported to jail.

There is nothing written that says if you are stopped you have to take the sobriety tests. You do have the right to refuse, but it will not stop you from being arrested if there is enough evidence that you are drunk while driving.

The thing you to remember is the officer does have a camera in his car. If you were driving and swerving all over the road it will be on their video camera. Also as you are doing the sobriety testing you are usually being videoed. This is for when you go to court the officer can show the video and why you were pulled over to begin with. Then they will also be able to show the courts how you performed on the sobriety tests.

Many states now take your drivers license the day you are pulled over for drinking and driving. They usually keep the license until the outcome of the charges has been decided. If you are found guilty of the charges then it is up to the state how long your license will be suspended for.

If the drunken driving charges stick it will appear on your criminal record. These are public records and anyone can view them. It could stop you from any type of driving job until your license is reinstated.

Your criminal records are easy to find if you know where to look. It only takes simple background checks for the records to be shown to a person. If you do not know exactly what your records show then take a minute and look. You will be happy that you did.

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10 Tips for a Pro-Se Litigant

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Felony DUI Charges and Penalties

By Joseph Devine –

While most people believe that a driving under the influence (DUI) charge is a minor offense, it actually carries very serious penalties, even for just a first or second misdemeanor offense. For more serious drunk driving accidents and repeat offenses, the charge and punishment become much more severe. If you are a recurring drunk driver or are responsible for a drunk driving accident, you may be charged with a Felony DUI.

Drunk driving is first and foremost a crime, not just a driving offense. When you are convicted of a DUI, you will have a criminal record, which could hurt your professional, financial, and educational opportunities now and in the future. A Felony DUI carries similar penalties to a misdemeanor DUI but may also result in a prison sentence and even more limited freedoms.

Causing an Accident While Intoxicated

If you drive drunk and cause a collision, you may be charged with a felony. When you cause life-threatening or life-ending injury to another driver or passenger, or flee the scene of the accident, you are committing an aggravated offense. Some states will refer to the offense as an Aggravated DUI instead of a Felony DUI, but both are felony charges with elevated sentences.

Felony DUI from Recurring Charges

All states have an elevated charge for offenders who commit multiple drunk driving offenses in a set period of time. In Rhode Island, for example, you may be charged with a felony for your third DUI arrest in five years. While the first two charges were classified as misdemeanor, the third will be treated as a felony. All states have a similar law for repeat offenders. Typical punishment for a Felony DUI conviction includes:

Incarceration: at least 1 year in jail or prison, depending on the level of intoxication and severity of the accident, if any
Driver’s license suspension: at least 2 years
Fines of $400 or more
Vehicle impound and possible sale of your vehicle by the state
Ignition interlock installed on your car for at least 2 years after incarceration release
Mandatory DUI education course
Probation or parole
Felony conviction on your criminal record

Clearly a Felony DUI charge carries a number of costly penalties that can haunt you long into your future. If you are facing a Felony DUI, consider contacting a DUI defense lawyer immediately to begin preparing your defense.

For More Information

To learn more about protecting your rights and preparing a defense for court, please visit the website of experienced Rhode Island DUI defense attorney James Powderly today.

Joseph Devine

Article Source:  Felony DUI Charges and Penalties

Felony Drunk Driving

By Joseph Devine –

Despite the best efforts of public safety campaigns, citizen organizations like MADD, and a wide variety of other efforts to reduce the number of people who get behind the wheel after drinking, the number of drunk driving arrests, convictions, and accidents remains at a somewhat steady level. In the most recent year for which records are available, 44% of traffic fatalities involve alcohol use or abuse as a cause of the accident.

In an effort to reduce the number of citizens involved in drunken driving accidents, the state has adopted the stance that deterrence may be more likely the harsher the punishments are for those who are caught drinking and driving. Punishments that are meant to deter people from committing the offense in question are expected to stop the current or original offender from committing the same crime again because he or she will be in jail or otherwise indisposed. The other prong of deterrence is a hope that others will opt not to partake in the illegal or bad behavior in an effort to avoid the punishment that they know will hit them.

Part of the deterrence factor when it comes to drunk driving is that the amount of punishment escalates with the number of convictions for drunk driving. The state, basically, announces that it is not as concerned about an “oops” occurrence as it is with those who habitually engaged in the habit of drinking and then driving. The escalation is also meant to discourage those who are one away from a lengthy prison sentence from drinking and driving that one more time that pushes them over the edge.

Felony drunk driving is part of the program of escalating sentences employed by states to deter individuals from drinking and driving. First of all, a felony is a crime that is punishable by a year or more in prison. There are levels of felonies but as a rule, they are all punishable by a year or more in a penitentiary or prison.

Felony drunk driving in many starts at the third drunken driving conviction. This mirrors the ‘three strikes’ policies or laws that some of the same states have enacted to discourage general criminal behavior. In addition, states have linked their drunken driving statutes to other crimes. For example, assault with a deadly weapon can be charged in some states if the person operates a car while intoxicated. In this situation, the car is a deadly weapon. Murder and manslaughter have also been tied to drunk driving in some states.

The Las Vegas DUI attorneys of Palmer & Associates understand the repercussions of multiple drunk driving convictions and are fully prepared to defend their clients whether it is the first or the eighth charge.

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Is Alcohol Treatment Mandatory After a DUI?

By Frank Schumacher –

In most cases, when someone is arrested or convicted for a DUI offense, the defendant is often labeled as someone with drinking problem and most states give mandatory alcohol evaluation, treatment and education prior to the restoration of the defendant’s driving privileges.

Laws Involved

BAC or blood alcohol content of 0.08% or more in the defendant’s blood sample is evidence by itself that the defendant was drunk driving.

It is also mandated by most states that defendants of DUI arrests or convictions be subject to alcohol evaluation in order to specify the level of intoxication when driving. Therefore, if the defendant has been found or arrested for DUI, that is evidence already that he or she has had drinking problems under most laws issued by almost all states.

Evaluation of Alcohol

Prior to the restoration of driver’s license and driving privileges of the defendant suspected of driving under the influence, an evaluation of alcohol content in the defendant’s blood has been mandated by almost all states and also to determine the extent of alcohol intoxication or if the behavior is the result of direct alcohol abuse or dependence.

Most times the defendant of the DUI case will undergo an interview with a certified alcohol and drug professional and answer a string of questions regarding his or her habits and behavior with regards to alcohol use. The counselor will be the one to determine if the defendant of the DUI case is still in need of further education and rehabilitation as deemed necessary as a result of such evaluation.

Education

Most drunk driver convicts are mandated to attend alcohol education programs particularly about the dangers that drinking and driving impose to the community. Most of the times this is called DUI schools or drunk driving schools. This is done regardless of the results of the initial evaluation. However, in extensive drinking problems, the number and length of the alcohol classes are increased.

Alcohol Rehabilitation/Treatment

Alcohol rehabilitation/treatment happens when the alcohol evaluation showed evidence of alcohol abuse and/or dependence on the defendant of a DUI case. It is required or mandated by many states that the individual convicted for DUI undergo complete rehabilitation/treatment prior to the restoration of license and driving privileges and the defendant must show evidence of total rehabilitation before sending them off to the highways.

Several options are available for alcohol rehabilitation or treatment are present including attendance in a specific support group meetings, therapy sessions, outpatient counseling, and inpatient detoxification and undergo residential rehabilitation and treatment in recognized facilities.

In every Arizona DUI lawsuit or Phoenix DUI lawsuit, it is important that you contact a qualified and experienced lawyer to represent your case in order for you to be guided along the process and to give you idea what you are going to face should the courts find that you are guilty of drunk driving. Also, you will have enough knowledge that such laws like mandatory alcohol evaluation, treatment and education exist.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher

Making Sure Crime Doesn’t Pay

By Nathan Tabor –

It’s hard for me to think of a job that’s more frustrating these days than that of a
local cop.

Day in and day out, local police officers and sheriff’s deputies lay their lives on the
line in an effort to bring criminals to justice.  However, shortly after they bring these
punks to the jailhouse, the lawbreakers are out on the streets again, free to commit
even more heinous crimes.  It seems that many of today’s lawbreakers are nothing
more than career criminals.  You and I, as taxpayers, foot the bill for their care and
feeding much of the time.  And for that investment, what do we get?  More crime,
more frustration, more burned-out cops.

But Sheriff Joe Arpaio of Maricopa County Arizona believes he has a better way.  And
for his crime-fighting efforts, he’s re-elected time and time again.

What is the secret of Sheriff Joe’s success?  To put it bluntly, he treats criminals like
criminals.  The convicts in his charge lose the precious privileges they might have at
other correctional institutions.

For instance, they have no right to smoke.  They have no right to read pornographic
magazines.  They have no write to bulk themselves up with state-of-the-art
weightlifting equipment.  And they have no right to see “R” movies in the cellblocks.

Oh—and they have to pay for their meals—just like the rest of us do.  Shocking?
Maybe.  But I say it’s a good shock to the system, one that just might reduce the
repeat offender rate.

The sheriff’s inmates are required to work on county and city projects, providing
local governments with no-cost labor.  Interestingly enough, Sheriff Joe even started
chain gangs for women so he would not be sued for discrimination.

Initially, he eliminated cable TV from jail, until he discovered there was a federal
court order to require it.  When he hooked up the cable again, he only permitted two
stations:  Disney and the Weather Channel.   Cruel and unusual punishment?
Hardly.  That’s the type of punishment you’d give your seventeen-year-old for
refusing to mow the lawn.

The sheriff even went so far as to purchase the Newt Gingrich lecture series, which
he plays in the jails.  When a reporter asked him if he had a lecture series by a
Democrat, he noted that a Democratic lecture series might explain why many of the
inmates where in jail in the first place.

When inmates complained after the sheriff took away their coffee (which has no
nutritional value), he responded, “This isn’t the Ritz-Carlton.  If you don’t like it,
don’t come back.”

Convicts are human beings and they deserve to be treated with dignity.  However,
the fact of the matter is they have broken the law and many of them have little
respect for law enforcement officers, their own grandmothers, and even themselves.
Criminals do not need coddling.  They need discipline.  If their parents or caregivers
failed to supply it when they were young, it’s up to people like Sheriff Joe to supply
it in the best way he knows how.

Liberals may cringe at the sheriff’s tent city jails, but the accommodations are
certainly no worse than what our brave fighting men and women face in Iraq and
other hot spots around the world.  Sheriff Joe issued his own fighting words when
he said, “It’s 120 degrees in Iraq and our soldiers are living in tents too, and they
have to wear full battle gear, but they didn’t commit any crimes, so shut your
damned mouths!”

We need more Sheriff Joes—jail keepers who are not afraid to run their jails like,
well, jails.  To make a criminal understand the severity of his actions…to make him
see that only misery awaits him if he violates the law again…is actually the
responsible, loving thing to do.

True, it’s tough love—but sometimes that’s the only kind of love that works.

Nathan Tabor is a conservative political activist based in Kernersville, North
Carolina. He has a bachelor’s degree in psychology and a master’s degree in public
policy. He is a contributing editor at http://www.theconservativevoice.com and his 60-
second commentaries are heard on over 250 stations daily. Visit http://www.aconservativemoment.com to hear them. You can contact him at
Nathan@nathantabor.com.

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Felony DUI Charges and Penalties

By Joseph Devine -

While most people believe that a driving under the influence (DUI) charge is a minor offense, it actually carries very serious penalties, even for just a first or second misdemeanor offense. For more serious drunk driving accidents and repeat offenses, the charge and punishment become much more severe. If you are a recurring drunk driver or are responsible for a drunk driving accident, you may be charged with a Felony DUI.

Drunk driving is first and foremost a crime, not just a driving offense. When you are convicted of a DUI, you will have a criminal record, which could hurt your professional, financial, and educational opportunities now and in the future. A Felony DUI carries similar penalties to a misdemeanor DUI but may also result in a prison sentence and even more limited freedoms.

Causing an Accident While Intoxicated

If you drive drunk and cause a collision, you may be charged with a felony. When you cause life-threatening or life-ending injury to another driver or passenger, or flee the scene of the accident, you are committing an aggravated offense. Some states will refer to the offense as an Aggravated DUI instead of a Felony DUI, but both are felony charges with elevated sentences.

Felony DUI from Recurring Charges

All states have an elevated charge for offenders who commit multiple drunk driving offenses in a set period of time. In Rhode Island, for example, you may be charged with a felony for your third DUI arrest in five years. While the first two charges were classified as misdemeanor, the third will be treated as a felony. All states have a similar law for repeat offenders. Typical punishment for a Felony DUI conviction includes:

Incarceration: at least 1 year in jail or prison, depending on the level of intoxication and severity of the accident, if any

Driver’s license suspension: at least 2 years

Fines of $400 or more

Vehicle impound and possible sale of your vehicle by the state

Ignition interlock installed on your car for at least 2 years after incarceration release

Mandatory DUI education course

Probation or parole

Felony conviction on your criminal record

Clearly a Felony DUI charge carries a number of costly penalties that can haunt you long into your future. If you are facing a Felony DUI, consider contacting a DUI defense lawyer immediately to begin preparing your defense.

For More Information

To learn more about protecting your rights and preparing a defense for court, please visit the website of experienced Rhode Island DUI defense attorney James Powderly today.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Credit Card Fraud Penalties

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).

Article Source: http://EzineArticles.com/?expert=Debra_Feinberg

How the Justice System Works

By Todd Hicks

Do you want to know how executions are carried out in different states? Are you interested in learning how the court system works? Do you wonder what the penalties are for certain offenses? Do you want to learn the difference between the jail system and the prison system? I will answer these questions through the knowledge I gained from attending a criminology class.

Thirty-six of the forty-one states that use the death penalty carry out electrocutions or lethal injections. Washington and four other states resort to hangings or firing squads. Citizens serve on the firing squads. One of the participants has an empty gun.

The purpose of having one empty gun is to create doubt in everyone’s mind. Each shooter will think his or her gun might have been empty; therefore, he or she will probably not feel guilty.

Defendants who enter a plea of innocence receive a trial. Defendants who enter a plea of guilt are sent to sentencing divisions where judges issue sentences the entire day. A plea of “no contest”, or Alford plea, is considered to be a plea of guilt; therefore, a defendant who uses this plea will automatically receive a sentence. Defendants who post bail get their money back if they appear for their trials.

Felonies fall into four different categories. A Class A felony such as a robbery involving a weapon or an act of arson carries a penalty of ten to thirty years in prison. A Class B felony such as a rape or burglary mandates a prison sentence of five to ten years. Commit a Class C felony such as theft or fraud and you will probably receive a sentence of one to five years. The penalty for a Class D felony such as misdemeanor assault or misdemeanor animal abuse is a year or less in confinement.

Jails and prisons serve different purposes. Jails detain defendants awaiting a trial, sentencing or a transfer from one prison to another. Jails also confine defendants convicted of a misdemeanor up to a year. About seventy-five percent of our country’s jails hold less than twenty people.

Prisons detain people convicted of a felony. Minimum security prisons hold defendants who are given a sentence of one to two years. Inmates detained in minimum security prisons are allowed to walk around the facilities as much as they want.

Medium security prisons hold defendants who are given a sentence of two to five years. Inmates who do time at medium security prisons are allowed to walk around the facilities most of the day.

Maximum security prisons hold defendants who receive a sentence that will last longer than five years. Defendants who are unfortunate to spend time at maximum security prisons are restricted to their cells most of the day.

Todd Hicks owns Skill Development Institute, an enterprise that provides a keyboard typing lesson and academic study guide. To become a great typist or student, visit Skill Development Institute. http://sdinst.blogspot.com

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The Bill of Rights – The Speedy Trial

By Aazdak Alisimo

As you’ve probably seen on television and the movies, you have the right to a speedy trial as an American citizen. So, what exactly exactly is this speedy trial stuff about?

As citizens of the United States, you have certain inalienable rights. These include things such as the right to the freedom of speech, the right to bear arms and other civil liberties. The pillars of these rights are found in the Constitution. The sixth amendment of the constitution provides us with the right to a speedy and public trial.

So, who cares if you have the right to a speedy trial? What’s the big rush? Well, we have to look at other countries to get a better idea. Many authoritative regimes have touted themselves as democratic in nature. To one extent or another, they hold up the fact that they guarantee a right to trial to their citizens.

The problem, however, is in the details. They don’t offer a speedy trial. Instead, they arrest citizens and then let them sit in jail for years while waiting to go on trial. In some countries, they might wait up to ten years before getting their day in court. In a vast majority of these cases, the defendants are in jail because they object to actions being taken by the government.

The constitutional right to a speedy trial keeps the U.S. government from putting citizens in jail for a prolonged period. Following 9-11, the Bush administration has been roundly criticized for violating this notion via the Guantanamo Bay facility where prisoners have been held without any trials for years. The US Supreme Court has rejected the position of the Bush Administration and trials have begun.

So, how long can you sit in jail before the right to a speedy trial becomes an issue? It depends on the situation, but six months is generally a cut off period. Murder cases can be much longer. Ironically, most defendants do not invoke the right to a speedy trial as they want their attorneys to have time to mount a defence. In such cases, a defendant can waive his or her right to the speedy trial.

Aazdak Alisimo writes [http://www.criminaldefenselawyernet.com/criminal-law-articles]criminal law articles for CriminalDefenseLawyerNet.com where you can find a [http://www.criminaldefenselawyernet.com]criminal defense lawyer near you.

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