Colorado Law Toughens For Repeat Offenders

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Posted on 10th June 2010 by Josh McDowell in Politics

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On May 25th, 2010, Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases. The text of HB10-1347 can be found here: http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0AA564A18087D71A872576A80027B60C?Open&file=1347_eng.pdf

The law will go into effect July 1, 2010. The more notable provisions in the new law require tougher penalties for repeat DUI or DWAI offenders. First, if a person is convicted of a second DUI or DWAI within five years of their first offense they will be required to serve a mandatory minimum sentence of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will, however, receive credit for any time served prior to the conviction. Anyone convicted of a second offense within 5 years will still be eligible for a work/school release term of confinement, but will not be eligible for in home detention.

Second, persons convicted of a third or greater offense of either DUI/DWAI will now be required to serve a mandatory minimum of sixty (60) days in jail. They will also not be eligible for any good time, earned time, or trusty status during their term of confinement. Work/School release is still a possibility if the county in which they are sentenced offers the programs. Repeat offenders who are being sentenced for third or greater offense will also not be eligible for in home detention.

Additionally, for all repeat offenders the minimum term of probation must be at least two years. If a person has complied with all terms of their probation including their drug/alcohol treatment and community service they may petition the Court for early termination of their probation. This may be done by motion of the District Attorney, Probation Officer, Defense Counsel or the offender.

The new DUI law also allows for the Court to require an interlock device on an offender’s vehicle. The requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.

Mr. McDowell is a criminal defense, misdemeanor and DUI Lawyer with McDowell Laybourne and Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on premises liability issues.

The Matter Of DWI And DUI Includes Many Of Myths Which Are Merely False

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Posted on 1st June 2010 by Bill Rogers in Politics

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It’s never safe to drive a vehicle while intoxicated. Studies expose that the vast majority of people in the US consider impaired driving to be one of the country’s most important social challenges, more imperative than health care-related issues, homelessness, bigotry, and education. Most people in the US view intoxicated driving by others as a serious danger to themselves and their loved ones.

The portion of automobile accidents attributable to alcohol is essentially unknown. Alcohol-related collisions consist of mishaps that are clearly not caused by alcohol consumption; as, for example, when a driver who has been drinking alcohol is waiting at a red light and rear-ended by a sober but negligent driver.

In the past, over twenty-five percent of fatally wounded drivers had BACs of at least .10. Needless to say, alcohol consumption was not a cause of some unknown amount of these tragedies.

One death attributable to alcohol consumption is one too many. Every such fatality is a pointless disaster that permanently traumatizes numerous others.

The subject of DWI and DUI holds many myths which are just wrong.

Sucking on pennies could lower your BAC reading. False: Sucking on pennies or other copper has no influence on alcohol breath tester BAC results.

Hypoglycemia will cause acetone in the breath, which the Breathalyzer will register as alcohol on the breath. True: Regrettably, about one of seven drivers is diabetic and in danger of false arrest and conviction for DUI/DWI.

Field sobriety assessments, being based on scientific principles, correctly identify drunk drivers. False: A study showing police officers videotapes of men and women taking common field sobriety tests, and asking them to consider whether suspects were too inebriated to drive legally, reported improperly 46% of the time. The use of field sobriety tests resulted in judgments by the police that were about as reliable as a coin flip.

In the event that you think you have been wrongfully charged with a DWI offense, it is usually worth consulting with a legal professional who deals with DUI defense near you.

Consult with a local South Florida DWI lawyer about what steps you should take to protect your rights, freedom, and future. A local DWI lawyer is usually your best chance to get the most positive outcome.

Florida Criminal Defense: Gary Ostrow

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Posted on 10th May 2010 by Sam Zellen in Politics

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Being charged with a felony or misdemeanor in Florida is no laughing matter, and should be taken very seriously if you hope to avoid potential jail time or hefty fines. Gary Ostrow understands the letter of the law, and will work hard to defend each client throughout each aspect of the prosecution process, including going to court, mediation, and prosecution meetings as needed for each one.

An attorney is a person educated to know law and qualified to perform such. He or she works in the practical purpose of conceptual legal theories and information to solve particular personal problems. He or she also tries to increase the welfare of those who hire an attorney to execute legal services.

Public defenders are the most common type of attorney, and these criminal defenders often work for the United States instead of individual clients. Public defense is the best way to develop experience in the courtroom, and Mr. Ostrow offers the benefit of twenty years of valuable criminal defense. Whereas some lawyers feel afraid to take on clients that have been charged with serious crimes due to their notoriety, Mr. Ostrow is dedicated to improving the life of inmates as well as newly-charged defendants.

The professionals at Ostrow and Associates are most experienced at defending people who have been charged with various charges pertaining to alcohol, such as drunk driving. These types of charges can be especially difficult to try, since the public tends to view them in black and white terms instead of seeing the many gray areas involved with the law and human nature.

The public seems to take special interest in cases that involve DUIs and/or DWI charges. The only approach is to hire a team of attorneys who will work hard to protect your right to drive with a clear record and avoid jail time or hefty fines or social stigma.

If you have been charged with driving under the influence (driving while drunk), whether serious injuries, property damage, manslaughter, or vehicular homicide have been involved or not, it is important to find competent legal counsel right away, before time runs out to build the right defense in your individual case. The experts at Gary Ostrow’s office are there to help, and only a phone call away.

Gary Ostrow fights very enthusiastically to save his clients’ rights from harm and obtain victorious jury rulings. Because of that, he has acquired more than four hundred not-guilty, innocent, or acquittals for his clients. Clients can trust that he will do everything in his power to keep them out of jail and with a clean name.

If you need a Gary Ostrow Attorney , Gary Ostrow Attorney can help. Regardless of your accused crime, Gary has the background and the knowledge that it takes to fight for your rights. Find out about Gary’s services now.

Foreclosure Or Bankruptcy, What Is Best For You?

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Posted on 16th October 2009 by James Kunkel in Politics

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With the economy in free fall and unemployment on the rise, over 5 million homeowners are facing an unfortunate reality of a lost job and tough times ahead. If you’re one of these American’s, you have already looked in your crystal ball and realized how far you can stretch what you have in cash assets. Incorporating your lost income, unemployment, or in many cases no unemployment in tough times ahead. We must consider life’s essentials: Shelter, Electricity, and Food.

Unsecured Debt: This is your credit cards. Pick up the phone, call your Credit Card Company and say, “I am broke, am considering declaring bankruptcy and need to speak to a Supervisor”. After you do that, ask the supervisor if you can do one of the following: (1) Make a one-time payment to satisfy the debt; (2) Request a reduction in payment, making sure that the reduction includes a reduction in your monthly interest payments. Have your attorney contact the Company if they say “No” to either (1) or Don’t be shy!! Don’t be embarrassed!! Disengage yourself and act as if you’re calling for your teenager and you just found out she bought $6,000 purse online and you want to send it back. By disengaging yourself your emotions are restrained, and you can be more objective to getting the best deal.

Bankruptcy: After you have completed re-negotiating your unsecured debt (credit cards), and secured debt (boats and cars); you can now re-evaluate your monthly financial situation. If it looks and feels a little bit better, then be positive. If after a few days, or even months, it seems to have had little to no impact, then it may be time to declare bankruptcy. Bankruptcy is no longer the end of diplomatic relations with your creditors, but it does require that you seek an attorney if you want to maximize your effectiveness in what assets you are allowed to maintain and not sell. If you declare bankruptcy, but want to keep the car you are still paying for then you can keep it out of bankruptcy. As long as it is secured by another creditor, you do not have to declare bankruptcy on the item. Normally in bankruptcy, unless a car has a secured loan on it outside of bankruptcy, you are allowed to keep a car with a value of up to $5,000 to avoid a forced sale if you own the car free and clear. Consult an attorney for the best approach when declaring bankruptcy or debt reduction to fully understand your rights prior to declaration.

Foreclosure: After you have addressed your secured and unsecured creditors, it is time to address your mortgage. In Florida, we have the protection of the Homestead Exemption Statute. Without going into too much detail, what it essentially means is that unless you have a mechanics lien, or a judicial decree, nobody can take your home away but your mortgage company (unless eminent domain issues apply). Just as you did with your secured and unsecured debt, you want to call your mortgage company. First, you pick up the phone and say, “I lost my job, I have no money and I believe I am not going to be able to pay my mortgage shortly.” Your options are similar as before: (1) Lower my interest rates or monthly payments, (2) Restructure my loan agreement, or (3) Talk to my attorney because I can’t afford my house. After this phone call is made, you need to consult an attorney about the next step to take. You need to consult an attorney before you make one more house payment. Do not worry because you are not going to get kicked out of your house tomorrow.

Fortnuately, new law is pending in Congress that will allow you to restructure with your bank without consideration. Something previously only allowed between merchants in contract law. We have all seen claims that can be postponed indefinitely. The fact is nobody really knows how long it can be postponed, as the courts begin to be clogged with foreclosures; yet, if you have to pay a power bill or your mortgage at this point – pay your power bill. The electrical company can cut you off, there is no laws that say they have to put you back on. The power company is absolute. You consumed the power, so consider your wallet wisely if you know your going to go under with your mortgage conserve your assets to take care of the same things our grandparents would a roof over your head, electricity, and food. It is the ultimate fall back situation, but faced with the alternative many of us will have little choice but to recess until the billion dollar budget plans put in place by the federal government, and a general credit stabilization takes place.

There is no need to be ashamed nor afraid; you are a survivor and this is part of surviving. Material things can be replaced. See your icebergs before they arrive, and start planning ahead. Keep a three (3) month plan in place, if you get within the ninety (90) day period and do not see the light at the end of the tunnel, you must hunker down and take care of the primary things that support life – shelter, electricity, and food.

James Kunkel is a contributory to the AIM Law Group. The AIM Law Group’s practice areas include debt reduction, bankruptcy, and Orlando Foreclosure Attorneys. The AIM Law Group Orlando Lawyersoffices in Central Florida. We work with the Akron Bankruptcy Attorneys and Cleveland Foreclosure Prevention

What You Need To Understand In Relation To Hiring A Lawyer

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Posted on 1st September 2009 by Dawn Enstruthe in Politics

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Insight into hiring criminal lawyers can save you a lot of headaches. Hiring yourself a criminal lawyer can be a very frustrating, and even confusing undertaking. If you’re not familiar with the justice system and how criminal lawyers operate, you may be in for a very trying time. Many of the ones you go against are unethical, posing a whole new set of problems.

When you begin your search to hire a criminal lawyer, you’ll find it very stressful. One reason is that you have possible jail time hanging over your head. The other is the fact that you need a lot of money in order to have a good lawyer defend you. Many horror stories are out there about going bankrupt and still going to jail. You don’t want to end up like this.

After you’ve decided that you’re going to pay the money and hire yourself a criminal lawyer, then the next thing you need to do is go about it smartly. Make it a point of being very intense in researching the person who you’ve put up for consideration. Regardless of what a few other people have told you about them, do the investigating yourself. You need to be sure of who it is representing you.

Friends may mean well by recommending someone, and they may have had a good experience with them. But that doesn’t necessarily mean that YOU will. Every circumstance is different as is every case. You need to find out if this person is the best to represent you in your particular case. Find out what kind of case load they’re operating under. Some of them take a case on when they’re really too busy to give it their full attention. And you, the client, suffer for it.

Another point for questioning is the length of time this person has been practicing. Their age doesn’t always relate to experience. When it’s your welfare on the line you owe it to yourself to find out everything you possibly can about the person you’re considering to be your legal representative. Gambling with your freedom is not an option. Many have rolled the dice in this area only to find out that if they’d had better representation, they may have avoided the jail time they ultimately ended up serving.

Now that you’ve decided on a criminal lawyer and plan to hire them, don’t let the fact that they’re representing you and are supposedly on your side, keep you from getting everything concerning your fees in writing. Many people have been taken to the cleaners because of neglecting this very thing. They empty their accounts and when they can’t come up with more when asked, their lawyer simply takes himself off the case. Sad but true.

If you need insight into hiring criminal lawyers, then by all means investigate and ask the right people about them. Most criminal lawyers have already staked out a reputation, but still others are trying to make a name for themselves. You have to decide what type of criminal lawyer is going to be the best choice for you. This is both in the financial area as well as the lawyer’s competence and abilities. It can still be a confusing and baffling undertaking.

Dawn Enstruthe writes for Redleaf Lawyer which has info on cheapest divorce attorneys Orlando and cheep Orlando Criminal Attornies.