By [http://ezinearticles.com/?expert=Marc_J_Victor]Marc J Victor
I recall learning about the painfully short half-life of certain chemical compounds in high school chemistry. Some of those nasty little compounds expire in hours, minutes or even a few short seconds. Several years after high school, I can now truly empathize with such ill fated compounds. I have discovered that the half-life of a principled libertarian superior court judge on the criminal bench is about one half hour.
After many years as a practicing criminal defense attorney, I decided to apply to become a judge on the court of appeals. Despite good credentials and numerous letters of recommendation from several respected judges and other accomplished people, I was not deemed worthy of an interview by the appellate court selection committee. It may have had something to do with the fact that I cited a need for intellectual diversity as my reason for wanting to become an appellate court judge and used the term "pro-freedom" in my application. Maybe I was doomed from the start.
My application to become a superior court judge pro tem was lodged with visions of presiding over selected criminal jury trials. As a judge pro tem, I expected to have the luxury of picking and choosing my limited trial assignments. I was determined neither to conceal nor to violate my principles. My application included a disclosure that I am on the legal committee for the National Organization for the Reform of Marijuana Laws ("NORML") as well as the fact that I co-founded the Freedom Summit. In addition, my application included my associations with the Foundation for Economic Education, the Future of Freedom Foundation and CATO.
I was pleasantly surprised when my application was approved and I was appointed for a one year term as a superior court judge pro tem. I was excited and eager to work hard and do justice.
After two months of waiting for a criminal trial assignment on a non-victimless case, I inquired about obtaining such an assignment. I learned that the superior court's urgent need was for pro tem judges to cover the assortment of cases composing the pre-trial calendar. I had refused countless opportunities to cover court calendars I believed would contain predominately drug cases. On a day when the court was desperate for help, the court administration was agreeable to reassign a full time judge and arrange a criminal court calendar I believed would not contain many drug cases. I agreed but expected some non-violent drug cases would be on my calendar.
Determined to be honest and honorable, I decided to recuse myself on all drug related cases. To avoid being accused of having secret or illegitimate motives, I drafted a detailed six page minute entry, explaining the legal reasons underlying my anticipated recusal. I believed the parties had a right to know why I refused to hear their case. After all, the government, including judges, are supposed to be agents of the people; not masters.
When my first (and last) day as a judge arrived, I learned there were seven drug cases on my calendar of thirty seven matters. I arranged for another judge to handle the seven drug cases and offered to take several non-drug cases in exchange. I planned to recuse myself from the seven drug cases and reassign them to the other judge to be heard that same day.
Shortly after I began my court calendar, a friendly law enforcement officer arrived with several routine arrest warrants to be signed. All but one of the proposed arrest warrants were for drug cases. The other was for a questionable gun case. I informed the law enforcement officer of my principled refusal to consider his warrants and sent him away. To my surprise, the officer informed me of his support before he left to seek out a more agreeable judge.
Without my knowledge, the clerk e-mailed my recusal minute entry to her supervisor who forwarded it to the presiding criminal judge of the superior court. I soon found myself on the telephone with an angry judge who voiced his disagreement with my legal reasoning by referring to my minute entry as "bullshit." He ordered me not to issue my minute entry on any cases until after he consulted with the presiding judge of the superior court. He promised a quick call back.
Back in chambers, I informally explained to the prosecutor and defense attorney why I hesitated to call their drug case. While the defense attorney sat shocked, the prosecutor informed me of his unqualified support. I eventually decided to retake the bench and recuse myself. I stated on the record that I intended to disclose my reasons for recusal in a detailed minute entry.
The cranky presiding criminal law judge soon called back and informed me he was not happy with my performance.
I was fired and told to leave immediately. Before I left, the clerk who initially e-mailed her supervisor with my minute entry privately told me of her unqualified support for my position. Two other defense attorneys also came back into chambers to voice their support. I walked out of court that day a bit disappointed but with my principles firmly intact.
While my judicial career was going up in flames, my good friend and guerilla libertarian activist, Ernest Hancock was driving to the courthouse to see me wearing the black robe. I called Ernie and told him my judicial career was over. Although neither of us predicted my lifespan as a judge would be long, his response was, "Already?" In what seemed like seconds later, the press was calling me for comment.
The next morning, I was news. The television, radio and print media all did stories about the judge who was fired because he refused to hear drug cases. I received about one hundred e-mails; not one negative. Many of the emails I received praised me for having integrity. I also learned that within hours of my firing, the presiding justice of the Arizona Supreme Court issued an order rescinding my appointment as a judge pro tem.
The Supreme court's order stated in relevant part, "Having expressly declared his inability to be impartial in the application of the law and the disposition of cases before him...." I found this language curious as I had not declared any inability to be impartial. Moreover, the Supreme Court's order appeared as if I had issues with all laws as there was no mention of drug cases specifically nor any connection with my reasons for recusal.
About a week later, an editorial writer from a major local newspaper showed up to interview me. He was shocked to learn that there was a much bigger principle involved than the right to smoke pot.
After my initial publicity waned, another local superior court judge pro tem drove drunk and killed a seventeen year old high school student who was riding a bike. The professional, unbiased, fair and balanced newspaper editorial staff writers at the Arizona Republic published an editorial recklessly lumping me with the other judge under the title, "Two Bad Apples." It wasn't my proudest moment, but I concluded some people would draw the fine distinction.
Being unsatisfied merely that my unusually distinguished judicial career was over, the presiding judge of the superior court referred my conduct to the Commission on Judicial Conduct. Among other things, I was accused of acting in a manner which fails to promote public confidence in the integrity and impartiality of the judiciary. I was asked to formally respond to the judicial complaint against me. After reviewing the incident and my response, the Commission on Judicial Conduct dismissed the presiding judge's complaint against me.
Although my judicial career ended abruptly, my career as a scientist is off to a promising start. I may have been the first to discover that the compound P-L-J (principled libertarian judge) has a tragically short half-life when mixed with the highly toxic compound C-B (criminal bench). For now, I will continue my experiments combining the volatile and explosive compound A-L-C-D-A (aggressive libertarian criminal defense attorney) with all varieties of TS (toxic statists). http://www.attorneyforfreedom.com/index.cfm/g/articles-by-marc-victor/f/pro-tem-recusal-minute-entry.htm
Marc J. Victor is an honorably discharged United States Marine who requires the same commitment to excellence from all members of the law firm that was expected of him during his time in the Marine Corps. To that end, we work hard to distinguish ourselves from other law firms. We represent people the way we would want to be represented ourselves. We strive to return all e-mails and all telephone calls the same day they are received. We want each client to feel like they are our only client.
We will always give you honest and straight forward advice you can depend on. We do everything we say we are going to do for you; at all times and in all cases. We realize a legal matter can be a life changing event. As such, we believe in doing things right the first time as there are usually no second chances. We expect to exceed even your highest expectations.
Article Source: [http://EzineArticles.com/?My-Contribution-To-Science&id=6604645] My Contribution To Science
Thursday, February 23, 2012
Tuesday, February 21, 2012
Minors and Alcohol
By [http://ezinearticles.com/?expert=Jason_Richards_Terry]Jason Richards Terry
1) Summary
It is illegal for a minor to possess alcohol anywhere, not only in public places. A first offense of this is an infraction, while second and subsequent offenses can lead to a fine of $200 to $500. It is important to note that illegal possession of alcohol by a minor does not apply to a minor who is in possession while accompanied by a parent, guardian, or spouse over the age of 21.
It is illegal for someone who owns private property, including a home, to knowingly permit a minor to illegally possess alcohol on the property. It is also illegal for that individual to fail to make a reasonable effort to stop a minor from possessing alcohol on the property when he/she knows the minor is in possession of alcohol. A first offense is an infraction and subsequent offenses can lead to the owner receiving a fine of up to $500.00, 1 year in prison, or both.
2) Possession of Alcohol by Minors
As stated above, it is illegal for a minor to be in possession of alcohol on both public and private property. A first offense is a $181 fine. Subsequent offenses can lead to a fine of up to $500. Also, the minor may be subject to a 150 day suspension of his/her driving license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is also illegal for a minor to be in possession of liquor in a motor vehicle. A violation of this law can lead to a 60 day suspension of the offender's driver's license.
3) Sale of Alcohol to Minors
It is illegal for a permittee or agent of a permittee from selling or delivering liquor to a minor, including Internet sales. This can lead to a year in prison, a fine of $1,000, or both.
It is illegal for anyone to allow minors to possess alcohol or host underage drinking parties. A first offense is a fine of $146. Any subsequent offenses can lead to a year in prison, a $500 fine, or both.
It is illegal for anyone to give or deliver liquor to a minor. This violation can lead to 18 months in prison, a fine of $1,000, or both.
It is illegal for a permittee or employees to allow minors to loiter on premises where liquor is kept for sale, or where liquor is served at a bar. This can lead to a year in prison, a fine of $1,000, or both.
A holder of a caf� permit is allowed to create a "juice bar," meaning an area of liquor establishment where nonalcoholic beverages are sold to minors. It is important to note that the permit holder must notify local police in advance of the date that the juice bar will be made available. A violation of this can lead to a year in prison, a fine of $1,000, or both.
4) Fake/False Identification
The misrepresentation of age or committing deception to obtain an identity card, or using another individual's identification is illegal. There can be a penalty of 30 days in prison, a fine of $500, or both. Also, the offender is subject to a 150 day suspension of his/her driver's license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is illegal to purchase, attempt to purchase, or making false statements to procure a fake id. There is a fine of up to $500.
It is illegal to willfully misrepresent age on an age statement. A first offense of this is a $100 fine, and subsequent offenses are a fine of $250.
Possession of a keg without the proper identification tag or providing false identification of a keg registration receipt is illegal. This can lead to 3 months in prison, a $500 fine, or both.
5) Youth DUI
It is illegal for a minor to operate a motor vehicle if his/her blood-alcohol-content is higher than .02. A first offense can lead to 6 months in prison with 48 hours of community service, a fine of $1,000, or both. The offender can also be subject to a 90 day suspension of his/her driver's license. A second offense can lead to 2 years in prison with 120 days of community service, a fine of $4,000, or both. The offender can also be subject to a 9 month suspension of his/her driver's license. A third offense can lead to 3 years in prison with 1 year of community service, a fine of $8,000, or both. The offender can also be subject to a 2 year suspension of his/her driver's license.
If you have [http://legalhelp.org/forums/]legal questions, please consult with an attorney.
Article Source: [http://EzineArticles.com/?Minors-and-Alcohol&id=6515403] Minors and Alcohol
1) Summary
It is illegal for a minor to possess alcohol anywhere, not only in public places. A first offense of this is an infraction, while second and subsequent offenses can lead to a fine of $200 to $500. It is important to note that illegal possession of alcohol by a minor does not apply to a minor who is in possession while accompanied by a parent, guardian, or spouse over the age of 21.
It is illegal for someone who owns private property, including a home, to knowingly permit a minor to illegally possess alcohol on the property. It is also illegal for that individual to fail to make a reasonable effort to stop a minor from possessing alcohol on the property when he/she knows the minor is in possession of alcohol. A first offense is an infraction and subsequent offenses can lead to the owner receiving a fine of up to $500.00, 1 year in prison, or both.
2) Possession of Alcohol by Minors
As stated above, it is illegal for a minor to be in possession of alcohol on both public and private property. A first offense is a $181 fine. Subsequent offenses can lead to a fine of up to $500. Also, the minor may be subject to a 150 day suspension of his/her driving license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is also illegal for a minor to be in possession of liquor in a motor vehicle. A violation of this law can lead to a 60 day suspension of the offender's driver's license.
3) Sale of Alcohol to Minors
It is illegal for a permittee or agent of a permittee from selling or delivering liquor to a minor, including Internet sales. This can lead to a year in prison, a fine of $1,000, or both.
It is illegal for anyone to allow minors to possess alcohol or host underage drinking parties. A first offense is a fine of $146. Any subsequent offenses can lead to a year in prison, a $500 fine, or both.
It is illegal for anyone to give or deliver liquor to a minor. This violation can lead to 18 months in prison, a fine of $1,000, or both.
It is illegal for a permittee or employees to allow minors to loiter on premises where liquor is kept for sale, or where liquor is served at a bar. This can lead to a year in prison, a fine of $1,000, or both.
A holder of a caf� permit is allowed to create a "juice bar," meaning an area of liquor establishment where nonalcoholic beverages are sold to minors. It is important to note that the permit holder must notify local police in advance of the date that the juice bar will be made available. A violation of this can lead to a year in prison, a fine of $1,000, or both.
4) Fake/False Identification
The misrepresentation of age or committing deception to obtain an identity card, or using another individual's identification is illegal. There can be a penalty of 30 days in prison, a fine of $500, or both. Also, the offender is subject to a 150 day suspension of his/her driver's license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is illegal to purchase, attempt to purchase, or making false statements to procure a fake id. There is a fine of up to $500.
It is illegal to willfully misrepresent age on an age statement. A first offense of this is a $100 fine, and subsequent offenses are a fine of $250.
Possession of a keg without the proper identification tag or providing false identification of a keg registration receipt is illegal. This can lead to 3 months in prison, a $500 fine, or both.
5) Youth DUI
It is illegal for a minor to operate a motor vehicle if his/her blood-alcohol-content is higher than .02. A first offense can lead to 6 months in prison with 48 hours of community service, a fine of $1,000, or both. The offender can also be subject to a 90 day suspension of his/her driver's license. A second offense can lead to 2 years in prison with 120 days of community service, a fine of $4,000, or both. The offender can also be subject to a 9 month suspension of his/her driver's license. A third offense can lead to 3 years in prison with 1 year of community service, a fine of $8,000, or both. The offender can also be subject to a 2 year suspension of his/her driver's license.
If you have [http://legalhelp.org/forums/]legal questions, please consult with an attorney.
Article Source: [http://EzineArticles.com/?Minors-and-Alcohol&id=6515403] Minors and Alcohol
Sunday, February 19, 2012
The Consequences of a DUI Conviction
By [http://ezinearticles.com/?expert=Preston_P_Rezaee]Preston P Rezaee
Driving under the influence of alcohol or drugs is a problem across the nation, it plagues every city and it affects all classes. In the state of Nevada, if you were arrested for DUI, then law enforcement had reason to believe that you were operating a motor vehicle while under the influence of alcohol or drugs.
It is unlawful to operate a motor vehicle with a blood alcohol content of.08% or greater if you are above the age of 21. For drivers below 21 years of age, that number is less at just.02%. For commercial drivers, the threshold is set at.04%. If you are caught driving with a BAC above the legal limit, then you face both administrative and criminal consequences.
In order for law enforcement to determine your BAC, they will ask you to submit to a breath, blood or urine test. These tests are called chemical tests and if you refuse to submit to a chemical test, the refusal will result in an automatic driver's license suspension. A chemical test refusal will have negative consequences, very similar to a simple DUI. Even if you weren't drinking and driving, it is not a good idea to behave in a belligerent manner, or refuse a chemical test.
For a simple DUI without any aggravating circumstances, most people are typically charged with a misdemeanor. However, a DUI causing bodily injury or death is a felony, and receiving a third DUI within seven years is also prosecuted as a felony offense. Once a driver has a felony DUI on their record, even if it is their first, any subsequent DUI will be charged as a felony as well.
What types of penalties does one face if they are convicted of DUI? A DUI conviction can mean jail time; your vehicle can be impounded, hefty fines, license revocation and a reinstatement fee, community service, DUI School or Substance Abuse Treatment and, an SR22 Certificate of Liability Insurance required for three years (which would cause steep insurance rates).
Penalties for a First DUI Offense
The following penalties may be implemented for a first DUI offense in Nevada (the specific penalties may vary depending on the driver's record and the jurisdiction, as well as the circumstances surrounding the case):
2 days to 6 months in county jail (24 to 96 hours of community service may be served in lieu of jail time)
DUI School, at your own expense
Fines of $400 to $1,000
Court fees
Nevada Victim Impact Panel (a lecture by Mothers Against Drunk Driving)
Driver's license suspension for 90 days
If your blood alcohol concentration was.18% or greater, you may face the following additional penalties:
Drug or alcohol abuse treatment program
The installation of a breath interlock device in your vehicle for 12 to 36 months
Just because you were arrested for DUI doesn't meant that you have to lose hope. There are a number of defenses to DUI that may apply to your case. If you want to do everything possible to reduce the penalties that you face, then you should retain the services of an experienced attorney. A lawyer that is well versed in DUI law will be your best defense when it comes to disputing or fighting the DUI charges against you. If you want to have the best chances of reaching a favorable outcome, you will have to contact a rel=nofollow [http://www.lasvegas-criminaldefense.com]Las Vegas criminal defense attorney for immediate assistance.
The Las Vegas legal team at The Firm has extensive experience in handling DUI charges, drug crimes, traffic offenses, violent crimes and many more. Their team prides itself in its ability to reduce their client's charges, and they are proud to have helped clients get their charges dropped entirely. No case is too big or too small for their firm; they will treat your case with the respect and professional courtesy that it deserves regardless of the circumstances of your case. If you would like to be represented by experienced heavyweights, then don't hesitate to contact a seasoned Las Vegas criminal defense attorney from The Firm to schedule a confidential consultation at (702) 222-FIRM.
Article Source: [http://EzineArticles.com/?The-Consequences-of-a-DUI-Conviction&id=6617189] The Consequences of a DUI Conviction
Driving under the influence of alcohol or drugs is a problem across the nation, it plagues every city and it affects all classes. In the state of Nevada, if you were arrested for DUI, then law enforcement had reason to believe that you were operating a motor vehicle while under the influence of alcohol or drugs.
It is unlawful to operate a motor vehicle with a blood alcohol content of.08% or greater if you are above the age of 21. For drivers below 21 years of age, that number is less at just.02%. For commercial drivers, the threshold is set at.04%. If you are caught driving with a BAC above the legal limit, then you face both administrative and criminal consequences.
In order for law enforcement to determine your BAC, they will ask you to submit to a breath, blood or urine test. These tests are called chemical tests and if you refuse to submit to a chemical test, the refusal will result in an automatic driver's license suspension. A chemical test refusal will have negative consequences, very similar to a simple DUI. Even if you weren't drinking and driving, it is not a good idea to behave in a belligerent manner, or refuse a chemical test.
For a simple DUI without any aggravating circumstances, most people are typically charged with a misdemeanor. However, a DUI causing bodily injury or death is a felony, and receiving a third DUI within seven years is also prosecuted as a felony offense. Once a driver has a felony DUI on their record, even if it is their first, any subsequent DUI will be charged as a felony as well.
What types of penalties does one face if they are convicted of DUI? A DUI conviction can mean jail time; your vehicle can be impounded, hefty fines, license revocation and a reinstatement fee, community service, DUI School or Substance Abuse Treatment and, an SR22 Certificate of Liability Insurance required for three years (which would cause steep insurance rates).
Penalties for a First DUI Offense
The following penalties may be implemented for a first DUI offense in Nevada (the specific penalties may vary depending on the driver's record and the jurisdiction, as well as the circumstances surrounding the case):
2 days to 6 months in county jail (24 to 96 hours of community service may be served in lieu of jail time)
DUI School, at your own expense
Fines of $400 to $1,000
Court fees
Nevada Victim Impact Panel (a lecture by Mothers Against Drunk Driving)
Driver's license suspension for 90 days
If your blood alcohol concentration was.18% or greater, you may face the following additional penalties:
Drug or alcohol abuse treatment program
The installation of a breath interlock device in your vehicle for 12 to 36 months
Just because you were arrested for DUI doesn't meant that you have to lose hope. There are a number of defenses to DUI that may apply to your case. If you want to do everything possible to reduce the penalties that you face, then you should retain the services of an experienced attorney. A lawyer that is well versed in DUI law will be your best defense when it comes to disputing or fighting the DUI charges against you. If you want to have the best chances of reaching a favorable outcome, you will have to contact a rel=nofollow [http://www.lasvegas-criminaldefense.com]Las Vegas criminal defense attorney for immediate assistance.
The Las Vegas legal team at The Firm has extensive experience in handling DUI charges, drug crimes, traffic offenses, violent crimes and many more. Their team prides itself in its ability to reduce their client's charges, and they are proud to have helped clients get their charges dropped entirely. No case is too big or too small for their firm; they will treat your case with the respect and professional courtesy that it deserves regardless of the circumstances of your case. If you would like to be represented by experienced heavyweights, then don't hesitate to contact a seasoned Las Vegas criminal defense attorney from The Firm to schedule a confidential consultation at (702) 222-FIRM.
Article Source: [http://EzineArticles.com/?The-Consequences-of-a-DUI-Conviction&id=6617189] The Consequences of a DUI Conviction
Friday, February 17, 2012
A Close Look at Ignition Interlock Devices As the Result of a DUI Conviction
By [http://ezinearticles.com/?expert=Rochelle_S_Berliner]Rochelle S Berliner
In an effort to curb drunk driving, many states have implemented what is known as the mandatory "first offender" ignition interlock law, which requires individuals who are convicted of their first driving under the influence (DUI) offense to install the device in each vehicle they own. Most states order the installation of a an ignition interlocking device (IID) as a repercussion of an aggravated DUI conviction where the driver had an extremely high breath alcohol concentration or a child in the car with them at the time of arrest. However, many states are revising their DUI laws to include an IID as a consequence of any DUI conviction, no matter the circumstances.
Currently there are 14 states that have the mandatory "first offender" ignition interlock law and these states include New York, Alaska, Arizona, Connecticut, Louisiana, Washington, Kansas, Nebraska, New Mexico, Hawaii, Illinois, Oregon, Utah and Arkansas.
An ignition interlock device works like a Breathalyzer and measures an individual's Breath Alcohol Content (BAC). The function of an IID is to record breath tests that an individual will be required to give each time they try to operate a vehicle. If the device detects an amount of alcohol, usually measuring 0.02 percent, in the driver's system then the car will not start. Additionally, an ignition interlock device may require an individual to blow a breath test periodically while the driver is driving to prevent the possibility of any test tampering.
An IID can be extremely intelligent and sophisticated device that not only operates by measure alcohol content in an individual's breath but by also recording the number of times a vehicle was started or attempted to be started, the duration the automobile is being driven.
There are often costly fees associated with the installation, de-installation and monthly cost of having the device installed. These associated fees are usually the sole responsibility of the convicted driver and if the convicted driver owns more than one car, these fees will likely triple or double. Additional fees can also occur if an individual fails a breath test and needs the device reset, tampers with the device or damages the device. Depending on the amount time an individual is ordered to have the device installed in their vehicle or vehicles, the amount of money an individual could end up paying as the result of a court ordered ignition interlocking device could total into the thousands of dollars.
Rochelle S. Berliner is Queens, York criminal defense attorney who strongly advocates for the rights of her clients. With nearly two decades of experience, Ms. Berliner represents men and women in around New York including Manhattan, Brooklyn and the Bronx. Ms. Berliner understands that when an individual is fighting the charges of a crime that the stakes are high and there is potential to lose what is most important. For more information or to schedule a free consultation please visit our website at: [http://www.rochelleberliner.com/CriminalDefense/DrivingWhileIntoxicatedDWI.aspx]Queens ignition interlock attorney.
Article Source: [http://EzineArticles.com/?A-Close-Look-at-Ignition-Interlock-Devices-As-the-Result-of-a-DUI-Conviction&id=6634272] A Close Look at Ignition Interlock Devices As the Result of a DUI Conviction
In an effort to curb drunk driving, many states have implemented what is known as the mandatory "first offender" ignition interlock law, which requires individuals who are convicted of their first driving under the influence (DUI) offense to install the device in each vehicle they own. Most states order the installation of a an ignition interlocking device (IID) as a repercussion of an aggravated DUI conviction where the driver had an extremely high breath alcohol concentration or a child in the car with them at the time of arrest. However, many states are revising their DUI laws to include an IID as a consequence of any DUI conviction, no matter the circumstances.
Currently there are 14 states that have the mandatory "first offender" ignition interlock law and these states include New York, Alaska, Arizona, Connecticut, Louisiana, Washington, Kansas, Nebraska, New Mexico, Hawaii, Illinois, Oregon, Utah and Arkansas.
An ignition interlock device works like a Breathalyzer and measures an individual's Breath Alcohol Content (BAC). The function of an IID is to record breath tests that an individual will be required to give each time they try to operate a vehicle. If the device detects an amount of alcohol, usually measuring 0.02 percent, in the driver's system then the car will not start. Additionally, an ignition interlock device may require an individual to blow a breath test periodically while the driver is driving to prevent the possibility of any test tampering.
An IID can be extremely intelligent and sophisticated device that not only operates by measure alcohol content in an individual's breath but by also recording the number of times a vehicle was started or attempted to be started, the duration the automobile is being driven.
There are often costly fees associated with the installation, de-installation and monthly cost of having the device installed. These associated fees are usually the sole responsibility of the convicted driver and if the convicted driver owns more than one car, these fees will likely triple or double. Additional fees can also occur if an individual fails a breath test and needs the device reset, tampers with the device or damages the device. Depending on the amount time an individual is ordered to have the device installed in their vehicle or vehicles, the amount of money an individual could end up paying as the result of a court ordered ignition interlocking device could total into the thousands of dollars.
Rochelle S. Berliner is Queens, York criminal defense attorney who strongly advocates for the rights of her clients. With nearly two decades of experience, Ms. Berliner represents men and women in around New York including Manhattan, Brooklyn and the Bronx. Ms. Berliner understands that when an individual is fighting the charges of a crime that the stakes are high and there is potential to lose what is most important. For more information or to schedule a free consultation please visit our website at: [http://www.rochelleberliner.com/CriminalDefense/DrivingWhileIntoxicatedDWI.aspx]Queens ignition interlock attorney.
Article Source: [http://EzineArticles.com/?A-Close-Look-at-Ignition-Interlock-Devices-As-the-Result-of-a-DUI-Conviction&id=6634272] A Close Look at Ignition Interlock Devices As the Result of a DUI Conviction
Wednesday, February 15, 2012
California Drug Crimes
By [http://ezinearticles.com/?expert=Tigran_Martinian]Tigran Martinian
In the United States, controlled substances are strictly regulated under state and federal drug laws. It is against the law to possess, cultivate, manufacture or distribute illegal drugs such as marijuana, cocaine, LSD, ecstasy and heroine. It is also unlawful to commit prescription fraud crimes. Such crimes include obtaining a prescription by untruthful means, selling prescription medication to someone other than the person to whom it was prescribed or selling prescription medications in a "back door" pharmacy type operation.
Drug crimes can be charged against a single person with a small amount of marijuana, or a high school student selling ecstasy or someone trafficking large amounts of cocaine across state lines. Since drug crimes cover such a wide spectrum of offenses, almost no one can evade the potential of being convicted, whether an upstanding citizen or a career criminal.
Drug Crimes in California
Let's take a look at a few of the specific criminal offenses that pertain to drugs, under California law:
"Possession of a Controlled Substance" - Health and Safety Code Section 11350
"Possession for Sale of Narcotics" - Health and Safety Code Section 11351
"Sale or Transportation of a Controlled Substance" - Health and Safety Code Section 11352
"Possession of Drug Paraphernalia" - Health and Safety Code Section 11364
"Possession of Methamphetamine" - Health and Safety Code Section 11377
"Manufacturing Drugs & Narcotics" - Health and Safety Code Section 11379.6
"Under the Influence of a Controlled Substance" - Health and Safety Code Section 11550
A defendant may face criminal charges related to possession of a controlled substance or may be arrested and charged for manufacturing, transporting or selling drugs. A defendant may even be criminally charged for being "under the influence" of an illegal drug.
These crimes are frequently charged against minors. In these cases they are considered juvenile crimes and are typically handled in the juvenile courts. Unfortunately, minors can be easily influenced by their peers and wind up partaking in the illegal consumption or sale of drugs such as marijuana, their parents' prescription medication, or exchanging club drugs at parties or nightclubs. How the minor's case is handled by the prosecution will depend upon their age, the nature of the drug offense and any prior criminal history. An experienced attorney can help both the minor and the parents by aggressively pursuing the lightest sentence possible, so as to avoid serious penalties for the accused.
A suspect can be arrested and convicted of any type of offense related to an illegal controlled substance. Possession of a small amount of drugs for personal use, drug paraphernalia on a person or in their control or growth of one or more marijuana plants are all illegal acts. Nearly any type of activity connected with drugs is criminalized and can be punished to the full extent of the law. For this reason, it is essential that a person who is arrested retain the services of a highly experienced criminal defense lawyer who can use their experience and negotiation skills to alleviate the criminal consequences that the accused faces.
Penalties for Drug-Related Offenses
Drug crimes range in severity with the possession of a small amount of marijuana for personal use being a "lesser" drug offense, and running a full scale drug trafficking operation being a much greater offense. The crimes can be prosecuted as a misdemeanor or a felony, depending on a variety of factors. For example, the type, amount and intent are all taken into consideration when making a charge. The prosecution and the judge will also evaluate whether the suspect has a prior criminal history, and they will examine the circumstances surrounding the case. A skilled criminal defense attorney can help you defend your rights and make sure that the more positive aspects of the situation do not get overlooked by the prosecution. These tactics will help ensure that you are not sentenced with harsher penalties than necessary.
Someone found with less than an ounce of marijuana on their person will most likely face misdemeanor penalties whereas someone found operating a methamphetamine lab will face felony charges and years behind bars. Whenever a person is arrested for a drug crime it is always in their best interests to seek legal representation from a private criminal defense attorney. Even if someone is found in possession of a small amount of drugs for recreational use, their arrest and subsequent criminal conviction could have a lasting effect on their family and their future career. Having the right lawyer on your side during the criminal process could mean the difference between spending time behind bars or being placed on probation. Especially if it is your first arrest or offense, there may be alternatives to jail available that might allow you to maintain your freedom and avoid a lengthy term sentence. You are urged to take a moment to contact a criminal defense lawyer in your area who can work on your behalf, aggressively seeking the least severe criminal penalties for you.
Martinian & Associates, Inc. has been obtaining powerful and workable results for their clients in the Los Angeles area for years. Their firm handles all types of criminal defense charges including drug charges, federal crimes, sex crimes and more serious crimes such as manslaughter and murder. Through years of experience, the team has developed effective strategies which have helped their clients receive reduced penalties, lighter sentences and even dropped charges. No case is too large or too small when it comes to seeking the representation you deserve. If you would like to learn more about how they may be able to help, contact a [http://www.lacriminaldefensefirm.com/]Los Angeles criminal defense attorney at (888) 847-9821.
Article Source: [http://EzineArticles.com/?California-Drug-Crimes&id=6566779] California Drug Crimes
In the United States, controlled substances are strictly regulated under state and federal drug laws. It is against the law to possess, cultivate, manufacture or distribute illegal drugs such as marijuana, cocaine, LSD, ecstasy and heroine. It is also unlawful to commit prescription fraud crimes. Such crimes include obtaining a prescription by untruthful means, selling prescription medication to someone other than the person to whom it was prescribed or selling prescription medications in a "back door" pharmacy type operation.
Drug crimes can be charged against a single person with a small amount of marijuana, or a high school student selling ecstasy or someone trafficking large amounts of cocaine across state lines. Since drug crimes cover such a wide spectrum of offenses, almost no one can evade the potential of being convicted, whether an upstanding citizen or a career criminal.
Drug Crimes in California
Let's take a look at a few of the specific criminal offenses that pertain to drugs, under California law:
"Possession of a Controlled Substance" - Health and Safety Code Section 11350
"Possession for Sale of Narcotics" - Health and Safety Code Section 11351
"Sale or Transportation of a Controlled Substance" - Health and Safety Code Section 11352
"Possession of Drug Paraphernalia" - Health and Safety Code Section 11364
"Possession of Methamphetamine" - Health and Safety Code Section 11377
"Manufacturing Drugs & Narcotics" - Health and Safety Code Section 11379.6
"Under the Influence of a Controlled Substance" - Health and Safety Code Section 11550
A defendant may face criminal charges related to possession of a controlled substance or may be arrested and charged for manufacturing, transporting or selling drugs. A defendant may even be criminally charged for being "under the influence" of an illegal drug.
These crimes are frequently charged against minors. In these cases they are considered juvenile crimes and are typically handled in the juvenile courts. Unfortunately, minors can be easily influenced by their peers and wind up partaking in the illegal consumption or sale of drugs such as marijuana, their parents' prescription medication, or exchanging club drugs at parties or nightclubs. How the minor's case is handled by the prosecution will depend upon their age, the nature of the drug offense and any prior criminal history. An experienced attorney can help both the minor and the parents by aggressively pursuing the lightest sentence possible, so as to avoid serious penalties for the accused.
A suspect can be arrested and convicted of any type of offense related to an illegal controlled substance. Possession of a small amount of drugs for personal use, drug paraphernalia on a person or in their control or growth of one or more marijuana plants are all illegal acts. Nearly any type of activity connected with drugs is criminalized and can be punished to the full extent of the law. For this reason, it is essential that a person who is arrested retain the services of a highly experienced criminal defense lawyer who can use their experience and negotiation skills to alleviate the criminal consequences that the accused faces.
Penalties for Drug-Related Offenses
Drug crimes range in severity with the possession of a small amount of marijuana for personal use being a "lesser" drug offense, and running a full scale drug trafficking operation being a much greater offense. The crimes can be prosecuted as a misdemeanor or a felony, depending on a variety of factors. For example, the type, amount and intent are all taken into consideration when making a charge. The prosecution and the judge will also evaluate whether the suspect has a prior criminal history, and they will examine the circumstances surrounding the case. A skilled criminal defense attorney can help you defend your rights and make sure that the more positive aspects of the situation do not get overlooked by the prosecution. These tactics will help ensure that you are not sentenced with harsher penalties than necessary.
Someone found with less than an ounce of marijuana on their person will most likely face misdemeanor penalties whereas someone found operating a methamphetamine lab will face felony charges and years behind bars. Whenever a person is arrested for a drug crime it is always in their best interests to seek legal representation from a private criminal defense attorney. Even if someone is found in possession of a small amount of drugs for recreational use, their arrest and subsequent criminal conviction could have a lasting effect on their family and their future career. Having the right lawyer on your side during the criminal process could mean the difference between spending time behind bars or being placed on probation. Especially if it is your first arrest or offense, there may be alternatives to jail available that might allow you to maintain your freedom and avoid a lengthy term sentence. You are urged to take a moment to contact a criminal defense lawyer in your area who can work on your behalf, aggressively seeking the least severe criminal penalties for you.
Martinian & Associates, Inc. has been obtaining powerful and workable results for their clients in the Los Angeles area for years. Their firm handles all types of criminal defense charges including drug charges, federal crimes, sex crimes and more serious crimes such as manslaughter and murder. Through years of experience, the team has developed effective strategies which have helped their clients receive reduced penalties, lighter sentences and even dropped charges. No case is too large or too small when it comes to seeking the representation you deserve. If you would like to learn more about how they may be able to help, contact a [http://www.lacriminaldefensefirm.com/]Los Angeles criminal defense attorney at (888) 847-9821.
Article Source: [http://EzineArticles.com/?California-Drug-Crimes&id=6566779] California Drug Crimes
Monday, February 13, 2012
About Vehicular Homicide Charges in Georgia
By [http://ezinearticles.com/?expert=Richard_S_Lawson]Richard S Lawson
Legally, the term homicide refers to the killing of another human being. Should a motor vehicle be involved in a fatal traffic collision it is referred to as "vehicular homicide" or "vehicular manslaughter in most states. In Georgia, this offense may be referred to as "homicide by vehicle." It is important to remember that motor vehicles can weigh in excess of 4,000 pounds and can therefore cause serious and sometimes fatal accidents.
Aside from defective auto parts and dangerous road or weather conditions, the vast majority of accidents are caused by driver negligence. Due to this fact, the law holds people accountable for their actions when they fail to exercise a reasonable level of care when operating a motor vehicle. In essence, if a driver accidentally kills another, then they are going to be held responsible for their actions. Whether they spend one year in jail or fifteen years in prison will depend upon the circumstances surrounding the case, such as whether or not the driver has a history of being labeled as a "habitual violator."
With vehicular homicide, malice and forethought is not necessary to have charges pressed. Depending on the circumstances of the incident, a person convicted of vehicular homicide can experience a wide range of criminal penalties.
First and Second Degree Homicide by Vehicle
First and second degree homicide by vehicle are defined and the penalties are described in Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-393.
Under this statute, first degree homicide by vehicle is described as causing the death of another person, without malice aforethought, by committing a violation of the following subsections of Georgia Code:
40-6-163(a) - illegally overtaking or passing a school bus;
40-6-270(b) - leaving the scene of an accident that has caused the death of or serious injury to another person;
40-6-390 - reckless driving;
40-6-391 - driving under the influence of alcohol and/or drugs; or
40-6-395(a) - fleeing or evading a police officer.
This felony offense is punishable by 3 to 15 years in prison.
Second degree homicide by vehicle is defined as unintentionally causing the death of another person by violating any subsection of Title 40 of Georgia Code, other than the specific sections listed under first degree homicide by vehicle above. Second degree homicide by vehicle is a misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $1,000.
Even if you are an upstanding citizen with no prior criminal record, you can still be facing harsh criminal consequences if you are accused of taking another's life in a traffic collision - judges and prosecutors view homicide by vehicle charges very seriously. If you want to do everything you can to avoid going to jail or prison and becoming labeled a "convicted felon," then you need to contact a DUI attorney right away.
The Law Offices of Richard S. Lawson proudly represents the residents throughout the state of Georgia. Their practice is entirely devoted to defending clients faced with DUI and DUI with drug charges. If you were arrested for a criminal offense of this nature, it would be in your best interests to have a lawyer that specializes in the field as you will have the best chances of disputing any charges against you when you have a firm who specializes in DUI law representing you. Their firm understands that you have a lot to lose if you are convicted and they are ready to put their time-proven tactics to work to defend your case. Please, contact a [http://www.cobbcountydui.com/]Cobb County DUI attorney from the firm at (404) 816-4440.
Article Source: [http://EzineArticles.com/?About-Vehicular-Homicide-Charges-in-Georgia&id=6616981] About Vehicular Homicide Charges in Georgia
Legally, the term homicide refers to the killing of another human being. Should a motor vehicle be involved in a fatal traffic collision it is referred to as "vehicular homicide" or "vehicular manslaughter in most states. In Georgia, this offense may be referred to as "homicide by vehicle." It is important to remember that motor vehicles can weigh in excess of 4,000 pounds and can therefore cause serious and sometimes fatal accidents.
Aside from defective auto parts and dangerous road or weather conditions, the vast majority of accidents are caused by driver negligence. Due to this fact, the law holds people accountable for their actions when they fail to exercise a reasonable level of care when operating a motor vehicle. In essence, if a driver accidentally kills another, then they are going to be held responsible for their actions. Whether they spend one year in jail or fifteen years in prison will depend upon the circumstances surrounding the case, such as whether or not the driver has a history of being labeled as a "habitual violator."
With vehicular homicide, malice and forethought is not necessary to have charges pressed. Depending on the circumstances of the incident, a person convicted of vehicular homicide can experience a wide range of criminal penalties.
First and Second Degree Homicide by Vehicle
First and second degree homicide by vehicle are defined and the penalties are described in Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-393.
Under this statute, first degree homicide by vehicle is described as causing the death of another person, without malice aforethought, by committing a violation of the following subsections of Georgia Code:
40-6-163(a) - illegally overtaking or passing a school bus;
40-6-270(b) - leaving the scene of an accident that has caused the death of or serious injury to another person;
40-6-390 - reckless driving;
40-6-391 - driving under the influence of alcohol and/or drugs; or
40-6-395(a) - fleeing or evading a police officer.
This felony offense is punishable by 3 to 15 years in prison.
Second degree homicide by vehicle is defined as unintentionally causing the death of another person by violating any subsection of Title 40 of Georgia Code, other than the specific sections listed under first degree homicide by vehicle above. Second degree homicide by vehicle is a misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $1,000.
Even if you are an upstanding citizen with no prior criminal record, you can still be facing harsh criminal consequences if you are accused of taking another's life in a traffic collision - judges and prosecutors view homicide by vehicle charges very seriously. If you want to do everything you can to avoid going to jail or prison and becoming labeled a "convicted felon," then you need to contact a DUI attorney right away.
The Law Offices of Richard S. Lawson proudly represents the residents throughout the state of Georgia. Their practice is entirely devoted to defending clients faced with DUI and DUI with drug charges. If you were arrested for a criminal offense of this nature, it would be in your best interests to have a lawyer that specializes in the field as you will have the best chances of disputing any charges against you when you have a firm who specializes in DUI law representing you. Their firm understands that you have a lot to lose if you are convicted and they are ready to put their time-proven tactics to work to defend your case. Please, contact a [http://www.cobbcountydui.com/]Cobb County DUI attorney from the firm at (404) 816-4440.
Article Source: [http://EzineArticles.com/?About-Vehicular-Homicide-Charges-in-Georgia&id=6616981] About Vehicular Homicide Charges in Georgia
Saturday, February 11, 2012
Why Fight Your Traffic Ticket
By [http://ezinearticles.com/?expert=Erik_Friis]Erik Friis
It happens to everyone at some point in time. They are driving along calmly until they see lights flashing in their rear-view mirror. What seemed like a pleasant day takes a turn for the worse as you are pulled over by the police in a routine traffic stop. Oftentimes breaking a traffic law happens entirely by accident. Maybe you were driving in a new area and didn't see a posted speed limit sign, or perhaps you accidentally blew through a stop sign that you didn't see until it was too late.
Being pulled over by the police can be a nerve-racking experience for the average person, not to mention humiliating. After receiving a ticket, most people think they have no other choice but to pay the fine. What most people don't realize is that by paying their traffic ticket, they are automatically admitting guilt. The truth is, people have the right to fight their traffic tickets in court, and sometimes they can win!
Some people have a lot to lose by having another ticket hit their driving record. The California DMV can add points to a driver's driving record for certain violations, which can result in a driver's license suspension, and increased insurance premiums. This is especially true if the driver has accumulated too many points within a specific amount of time.
Demerit Points for Traffic Violations in California
Every traffic offense has a different point value, and the DMV may assess these demerit points depending on the specific violation that has occurred. The Department of Motor Vehicles may suspend the license of a driver who has accumulated 4 or more points in 12 months, 6 points in 24 months or 8 points in 36 months.
The following are the point values of common traffic offenses in California:
Red light violation - 1 point
Improper lane use - 1 point
Following too closely - 1 point
Illegal passing - 1 point
Failure to yield right-of-way - 1 point
Improper u-turn - 1 point
Speeding - 1 point
Driving too slowly - 1 point
Reckless driving - 2 points
Hit and run causing injury or property damage - 2 points
Speeding over 100 miles per hour - 2 points
Racing - 2 points
DUI (driving under the influence) - 2 points
The state of California takes traffic tickets very seriously. In fact, by ignoring your traffic tickets, you could be facing possible arrest if you have too many traffic tickets that have not been paid. When people ignore their traffic tickets, or when they fail to appear in court, a bench warrant may be issued for their arrest. It is never a good idea to put off paying traffic tickets, it is absolutely imperative that you seek legal assistance from a qualified attorney before you automatically make an admission of guilt.
Fortunately, even with the worst traffic ticket cases you can always do something about it. Running from the law will only land you in more trouble. Having a seasoned lawyer by your side in traffic court will give you the greatest opportunity to fight your traffic tickets. If nothing more, they may be able to effectively negotiate with the courts on your behalf so your penalties can be more bearable. Your attorney may be able to help you retain your driver's license and reduce the monetary penalties that you are facing, which can have a huge impact on your ability to drive and how much money you have to come up with in the long run.
Whether you have received a traffic ticket for a red light violation, running through a stop sign, improper passing, speeding, following too closely, racing, reckless driving or failing to yield to an emergency vehicle, you may still be able to experience enormous benefits by having an experienced attorney fight your traffic ticket/s. So please, contact a criminal defense lawyer to start doing what you can to retain your driving privileges!
The Superior Law Center has been representing clients throughout San Diego County for more than 10 years. Their criminal defense firm has successfully represented over 1000 clients who were facing criminal charges. If you choose to go with their firm, they will do everything they can to unearth any mitigating circumstances that might to serve to get the charges against you reduced or dropped altogether. No matter how large or how small your case is, they will give your case the attention and tenacity that it deserves. They will stop at nothing to fight your charges tooth and nail in an effort to help you achieve a better outcome in your case. To discuss your case in a private consultation, contact a [http://www.sandiegocriminaldefenselawfirm.com/]San Diego criminal defense attorney from the firm at (888) 258-6185.
Article Source: [http://EzineArticles.com/?Why-Fight-Your-Traffic-Ticket&id=6616861] Why Fight Your Traffic Ticket
It happens to everyone at some point in time. They are driving along calmly until they see lights flashing in their rear-view mirror. What seemed like a pleasant day takes a turn for the worse as you are pulled over by the police in a routine traffic stop. Oftentimes breaking a traffic law happens entirely by accident. Maybe you were driving in a new area and didn't see a posted speed limit sign, or perhaps you accidentally blew through a stop sign that you didn't see until it was too late.
Being pulled over by the police can be a nerve-racking experience for the average person, not to mention humiliating. After receiving a ticket, most people think they have no other choice but to pay the fine. What most people don't realize is that by paying their traffic ticket, they are automatically admitting guilt. The truth is, people have the right to fight their traffic tickets in court, and sometimes they can win!
Some people have a lot to lose by having another ticket hit their driving record. The California DMV can add points to a driver's driving record for certain violations, which can result in a driver's license suspension, and increased insurance premiums. This is especially true if the driver has accumulated too many points within a specific amount of time.
Demerit Points for Traffic Violations in California
Every traffic offense has a different point value, and the DMV may assess these demerit points depending on the specific violation that has occurred. The Department of Motor Vehicles may suspend the license of a driver who has accumulated 4 or more points in 12 months, 6 points in 24 months or 8 points in 36 months.
The following are the point values of common traffic offenses in California:
Red light violation - 1 point
Improper lane use - 1 point
Following too closely - 1 point
Illegal passing - 1 point
Failure to yield right-of-way - 1 point
Improper u-turn - 1 point
Speeding - 1 point
Driving too slowly - 1 point
Reckless driving - 2 points
Hit and run causing injury or property damage - 2 points
Speeding over 100 miles per hour - 2 points
Racing - 2 points
DUI (driving under the influence) - 2 points
The state of California takes traffic tickets very seriously. In fact, by ignoring your traffic tickets, you could be facing possible arrest if you have too many traffic tickets that have not been paid. When people ignore their traffic tickets, or when they fail to appear in court, a bench warrant may be issued for their arrest. It is never a good idea to put off paying traffic tickets, it is absolutely imperative that you seek legal assistance from a qualified attorney before you automatically make an admission of guilt.
Fortunately, even with the worst traffic ticket cases you can always do something about it. Running from the law will only land you in more trouble. Having a seasoned lawyer by your side in traffic court will give you the greatest opportunity to fight your traffic tickets. If nothing more, they may be able to effectively negotiate with the courts on your behalf so your penalties can be more bearable. Your attorney may be able to help you retain your driver's license and reduce the monetary penalties that you are facing, which can have a huge impact on your ability to drive and how much money you have to come up with in the long run.
Whether you have received a traffic ticket for a red light violation, running through a stop sign, improper passing, speeding, following too closely, racing, reckless driving or failing to yield to an emergency vehicle, you may still be able to experience enormous benefits by having an experienced attorney fight your traffic ticket/s. So please, contact a criminal defense lawyer to start doing what you can to retain your driving privileges!
The Superior Law Center has been representing clients throughout San Diego County for more than 10 years. Their criminal defense firm has successfully represented over 1000 clients who were facing criminal charges. If you choose to go with their firm, they will do everything they can to unearth any mitigating circumstances that might to serve to get the charges against you reduced or dropped altogether. No matter how large or how small your case is, they will give your case the attention and tenacity that it deserves. They will stop at nothing to fight your charges tooth and nail in an effort to help you achieve a better outcome in your case. To discuss your case in a private consultation, contact a [http://www.sandiegocriminaldefenselawfirm.com/]San Diego criminal defense attorney from the firm at (888) 258-6185.
Article Source: [http://EzineArticles.com/?Why-Fight-Your-Traffic-Ticket&id=6616861] Why Fight Your Traffic Ticket
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