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.

Alcohol Treatment Centers New York

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Posted on 16th April 2010 by Lawrence Jameson in Politics

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Drinking and Driving in America has gotten way out of hand ! Every day there are just so many new Fatalities caused by People who Drink then get in their Cars and Drive home. Every day when you look in the paper you hear so many Horror stories and they all seem to involve the Death of a Child ! Drinking and Driving is a huge Problem and the Answer to stopping it does not seem to be forth coming.

One of the big problems seems to be the same people are getting DWI’s over and over . Why is it that these people are not getting the help they need to stop them from Drinking and Driving!

Recently I unwillingly took a look into what happens after a person is convicted of a DWI. What I found out made me both very mad and also very Scared ! It seems that at many of the Drug and Alcohol treatment Centers it is all about the all mighty dollar and there is not much concern put on Treatment.

I went to Community Counseling Services of Ronkonkoma NY run by Ruth M Meyer for an Evaluation. Now as a person who Drinks very little and who’s Drug use was left back in the 90’s with my Old Bongs, I was not worried about the out come . I was a little Surprised when I was told I would need to start going to Community Counseling Services of Ronkonkoma NY for treatment twice a week. I was very Surprised when I heard the cost per week for this was more then half my income per week. But I had Court and I did not have a Choice but to do as they said.

I was quickly told by just about every staff Member at Community Counseling Services of Ronkonkoma to go apply for Medicaid. I was told that they can charge Medicaid allot of Money. I took the hint that it was in my best interest to apply for Medicaid, After a trip to the Department of Social Services I was given a form that said I was Medicaid Pending, This seemed to make everyone Happy.

Each week I went to Community Counseling Services of Ronkonkoma twice a week once for one on one Consoling and Once for what was called the Group Class. The one on one Counseling which was supposed to be a one hour a week meeting was Basically me sitting in a room for about15 Minutes with a Counselor named Chris. He would ask me how my week had been and then I would sit there listening to him apologies while he did paper work that had nothing to do with me! Each week he would tell me how He was over booked and almost every week He would tell me after 15 Minutes He was going to let me go early.

The Group was just a little better it was two hours long and run by a Women named Heather , The Group meeting would consist of People Complaining about their lives, Heather loved to give advice to the Group Members and She was never shy about telling you your opinion on something was wrong and of Course She was Never wrong about anything.

Now to tell the Truth at the Time I did not care at all I was just going to these meetings to look good in court for my DWI trial . Things where going fine with me at Community Counseling Services of Ronkonkoma , I was not getting any real treatment but I also did not care.

After about four Months of Treatment I found out I did not qualify for Medicaid. Well things Changed quick with the relationship between me and Community Counseling Services of Ronkonkoma , I was told by Ruth Meyer that I owed over a Thousand Dollars. I told Her I did not have the Money. I was then informed if I did not pay a huge part of the Debt off and sign a paper stating I owed the Money that Community Counseling Services of Ronkonkoma would report to the Judge in my case I was Non Compliant and ruin any chance at a plea Bargain ! All I could think was this is Blackmail, I signed the paper and gave Community Counseling Services of Ronkonkoma a Couple of Hundred Dollars!

After Court was done the Sentence I received was I had to do 50 Hours of Community Service and Attend a Meeting of Mothers Against Drunk Driving and also my License was Suspended for 90 days.

In my next one on one Counseling with Chris after my DWI case was over, I was told by Chris I no longer needed to come to Community Counseling Services of Ronkonkoma anymore. Chris looked at me laughed and said We both know you don’t have a problem with Drugs or Alcohol and you don’t have the Money any way.

After 40 days with no licence I received a letter from DMV saying I could get a conditional License if I attended a Seven week Drinking and Driver Program. One part of the Class is you must get an Evaluation, when I told the Teachers of the class I had taken one an attended Classes at Community Counseling Services of Ronkonkoma I was told that was fine! Around the end of the Seven weeks of Classes I received a letter from the Drinking and Driver Program saying I was going to fail the Class because I had never gone and had an Evaluation done! Confused I called the DDP and told them I had taken one at Community Counseling Services of Ronkonkoma . They told me that Community Counseling Services of Ronkonkoma told them I had never Completed the course there! When I called Community Counseling Services of Ronkonkoma and spoke with Ruth Meyer I was told that they would not consider me completed and release my info to the DDP until after I was finished paying Community Counseling Services of Ronkonkoma all the Money I owed them. Well I got very angry and I made a big Mistake I began Speaking loud to Ruth Meyer that I did not have all the Money right now and if She didn’t release my info to the Drinking and Driver program I would lose my License for 90 days all over again! Ruth told me that it was a Business and she felt this was the only way to get me to pay.

I borrowed the money from a friend and paid off Community Counseling Services of Ronkonkoma figuring everything was now Finally over, I found out real fast what happens when you raise your voice to Ruth Myer. After paying Community Counseling Services of Ronkonkoma they told the Drinking and Driver Program that I had never finished the Classes at Community Counseling Services of Ronkonkoma. I called and ask to speak to Chris but was told he no longer worked for Community Counseling Services of Ronkonkoma. I of Course lost my License for another 90 days!

This is just one outpatient rehab I had to deal with, I have talked to many Poeple who have gone threw the DWI System and I found out that it is a very cut throat Business run by People who if you do not do as they say when they say it, will do what ever they can to make your life a living Hell. During this whole ordeal the only time I felt that anyone really didn’t want me to drink and drive again was when I attended the Mothers Against Drunk Driving meeting and Surprise that meeting was free! The MADD meetings are run by Mothers who have lost Children to Drinking and Driving! These Women were not rude or condescending they just gave an honest heartfelt plea asking us to please not drink and drive! After hearing their Stories I know I never will again.

Drinking and Driving is a big Problem in America, But it is also a very large and Profitable Business !

This is only my opinion and how I remember the events.

Lawrence Jameson asks everybody come on do not Drink and Drive Lawrence Jameson prays for an Stop to Drinking and Driving

San Jose DWI Lawyer Helps Those Who Are Charged With Drunk Driving

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Posted on 10th March 2010 by Chris Thompson in Politics

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A San Jose DWI lawyer will be the person you need to call if you have been arrested for drunk driving. If you failed the field sobriety test and are taken to the station and then fail the breath test or the blood or urine test then you will be charged with the offense.

If the officer thinks you did not pass according to his subjective observation you will be arrested and taken to the police station. You car or truck will be impounded. At the police station you will go through an alcohol testing.

This does not mean you are actually safe to drive at any level of alcohol but there has to be a legal limit set. It is unclear how much alcohol affects a particular person. But the bottom line is that to drink and drive is an irresponsible act. The person drinking and then driving can injure himself and others and also kill on the road.

The public has made such a complaint that the laws affecting the drunk driver suspect are very strict. In many cases he or she will not have the rights others do in other criminal proceedings.

This is not to say that a person who is actually guilty of the offense should escape punishment but people are still innocent until proven guilty even those who are suspected of driving while under the influence. If you are pulled over and you do not agree to the field sobriety test you are subject to arrest.

If you refuse to take the field sobriety test you will be arrested for failure to comply with the officer’s instructions and not for drunk driving. It will be at the station you will have to take the alcohol test. If your breath, urine, or blood test does not show your above the legal limit you will be let go.

If you are facing DWI charges in SJ, you need to discuss your options with an experienced Sunnyvale DWI Lawyer.

What To Consider When Hiring A Platte City Attorney

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Posted on 26th November 2009 by Robert Black in Politics

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Attorneys take care of very important issues which arise within our life. They are just as important as a doctor when it comes to getting things taken care of which we cannot handle on our own. For this reason, you should put plenty of consideration into any lawyer you may be considering for hire. You would not just randomly pick a physician to take care of an important health issue, so you should put in at least as much interest in picking your attorney. If you are thinking of hiring a Platte City Attorney, there are a few things you should consider.

In your search to find an acceptable attorney, you’ll be putting in plenty of time sorting through plenty of information. Your local phone book is a great way to begin your search, as you will have names of local attorneys in your area. You will also see that there are some attorneys which only handle certain types of cases such as personal injury. You have to decide if your situation fits into one of these specific types of law firms. This will save you time in getting turned away when you interview a law firm.

It may take you a little while to find the attorney you need. There are several reasons why a lawyer may not fit your needs. Sometimes it can be something as simple as a personality clash between you and the lawyer. If you need a lawyer which is sympathetic to your situation, it will be necessary to find one which has that character trait.

In your search to find the perfect attorney, you should turn to your family and friends and ask them if they have used an attorney within the last few years. If they have, they will be able to tell you of their experience, so you will know whether or not you would like to speak to the attorney they used. A personal reference goes a long way in both business and in personal relations. When someone cares enough to give a personal reference, you can be assured they were happy with their experience.

After you have collected personal references, it will be time for you to go and actually meet each attorney. You should note that a law firm may assign your case to another attorney once you sign on to let them handle your case. Make sure that you let the person you are speaking with know that you want to meet the actual attorney who will be handling your case.

Once you find out who is going to be the primary attorney on your case, there are some critical issues you must discuss prior to proceeding. Make sure you pay attention to the demeanor of the attorney while you discuss doing business with them. It will tell you a lot about them, and let you know whether or not you feel comfortable with them.

You will need to ask the attorney how much experience they have with this type of case. If they have not had any experience with a case such as yours, it may not be a good idea to use them. Getting an experienced lawyer will help you not only in negotiations, it will pay off in the courtroom should your situation come to trial.

Legal fees are a big concern for anyone who must seek out the services of an attorney. You will want to discuss legal fees upfront and not be shy about letting the attorney know you are serious about full disclosure on how much you will be charged. You will need to know whether you will be responsible for fees or if they will take them from any money awarded to you. Also, if you are going to be liable for all fees, you need to know if they have a payment schedule. These are all very important questions you must ask before you decide on which Platte City attorney you choose to handle your case.

If you want to find out more about a Platte City Attorney, then visit Robert Black’s site on how to choose the best lawyer for your needs.

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