tag:blogger.com,1999:blog-3577360423216057572024-03-06T00:05:07.952+01:00MY OVI - Get legal help now!We help America educating people about their rights! DUI, DWI and OVI don't have to be end to your driving. Find a Lawyer!Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comBlogger797125tag:blogger.com,1999:blog-357736042321605757.post-53547013535622782402015-04-22T04:04:00.000+02:002015-04-22T04:04:00.549+02:00Fairborn Municipal Court Judge Honored <P>Congratulation to <STRONG>Fairborn Municipal Court</STRONG> Judge Beth Root on her selection to the Fairborn City Schools Hall of Honor. The Hall of Honor program recognizes the outstanding achievements of Fairborn graduates, former Fairborn faculty members and those community members who have provided exemplary service to the school district.</P><P>Judge Root, a 1985 FHS Valedictorian will be honored in a ceremony on April 24th at the Fairborn High School Auditorium.</P><P>Like Judge Root, we try to honor our home city of Fairborn by upholding the highest standards of the legal community. We hope that you consider us your Fairborn hometown attorneys. Call Charlie at (937) 318-1384 for a free Fairborn DUI consultation, and contact the Fairborn law firm of Babb & Rowland, LLC to help with your case. We are a full service law firm dedicated to customer service.</P><IMG class="avatar avatar-80 photo" alt="" src="http://0.gravatar.com/avatar/e7f89c832941acfbb9e8ca3c4da17b8a?s=80&d=http%3A%2F%2F0.gravatar.com%2Favatar%2Fad516503a11cd5ca435acc9bb6523536%3Fs%3D80&r=G" width=80 height=80></P>"All I Do is DUI Defense." 24 hr. DUI Hotline at (937) 776-2671 or my office at (937) 318-1384. I've been helping people accused of drunk driving for over 20 years, let me help you. Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-79120920746998482442015-04-21T12:35:00.000+02:002015-04-21T12:35:00.285+02:00What happens if I get a DUI in Utah, but my license is from out of State? <P>If you get a DUI from another state, and have a Utah Drivers License, Utah will suspend your license as if the DUI conviction occurred in Utah. Many states have similar laws. My friend, Evan Levow, from New Jersery, compiled a database from most states. While his information looks correct, it is always best to contact a DUI attorney in your state to verify the information. Laws change all of the time and there are always exceptions to the rules. The link to database is State by State DUI Penalties.</P><P>Thank you Evan to your hard work.</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-55696839898157172732015-04-20T20:14:00.000+02:002015-04-20T20:14:00.545+02:00Can Raising Taxes on Alcohol Reduce Drunk Driving Accidents? <P>A new study published in the American Journal of Public Health suggests that raising the taxes on alcohol could reduce the number of drunk driving related collisions.</P><P>Researchers from the University of Florida studied the results of a 2009 tax increase on alcohol in the state of Illinois. In that year, the state increased its excise tax on beer by 4.6 cents a gallon, on wine by 66 cents a gallon and on distilled spirits by $4.05 a gallon, or by 1 cent more that consumers pay per glass of beer or wine and nearly 5 cents more for a serving of spirits.</P><P>According to the researchers, alcohol-related traffic deaths in Illinois fell 26 percent. The decrease was higher among young people, at 37 percent. Fatal crashes involving alcohol-impaired and extremely drunk drivers fell 22 percent and 25 percent, respectively.</P><P>"Similar alcohol tax increases implemented across the country could prevent thousands of deaths from car crashes each year," Alexander Wagenaar, a professor in the Department of Health Outcomes and Policy at the University of Florida, said in a university news release. "If policymakers are looking to address dangerous drivers on our roads and reduce the number of fatalities, they should reverse the trend of allowing inflation to erode alcohol taxes.”</P><P>Wagenaar’s comments reflect the study’s observation that alcohol has become less expensive in recent years as the result of a decrease in alcohol tax rates. The study notes that having 10 or more drinks a day would have costs the average person approximately half of their disposable income in 1950. Modernly, however, having 10 or more drinks a day would cost the average person about three percent of their disposable income.</P><P>"This goes against the conventional wisdom of many economists, who assert that heavy drinkers are less responsive to tax changes, and has powerful implications for how we can keep our communities safer," said Wagenaar.</P><P>As with many studies, you have to ask yourself, “Is this a true cause and effect situation?”</P><P>U.S. News reported that David Ozgo, vice president for economic and strategic analysis for the Distilled Spirits Council of the United States, had the same question. According to Ozgo, fatal collisions involving alcohol were decreasing before the tax increase.</P><P> “In fact, the largest annual decline over the last eight years occurred in 2008, the year before the tax rate changed,” he said. “Importantly, Illinois alcohol-related traffic fatalities declined faster than the national average before the tax increase and this has not been the case since the tax increase.”</P><P>Ozgo’s observation makes us wonder whether it really is the tax that is causing the decrease in DUI related fatalities in the state.</P><P>Think about the averages alcohol abuser. Is the rather trivial increase in alcohol taxes mentioned above really going to stop someone from purchasing the alcohol? Is it going to keep them from driving after drinking?</P><IMG alt=Share src="/sharesave17116.png" width=171 height=16> This entry was posted on Monday, April 13th, 2015 at 7:33 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed. </P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-31803414388398817452015-04-20T05:06:00.000+02:002015-04-20T05:06:00.087+02:00Should I request an attorney before I take the breath test? THE DUISEATTLE.COM BLOG : Should I request an attorney before I take the breath test? <body class="layout-two-column-left post">window.fbAsyncInit = function() { FB.init( { apiKey: 'a279adbe87e2b3c505e777af99a5260d', xfbml: true, version: 'v2.2' } );};( function() { var e = document.createElement( 'script' ); e.async = true; e.src = document.location.protocol + '//connect.facebook.net/en_US/sdk.js'; document.getElementById( 'fb-root' ).appendChild( e );} )(); THE DUISEATTLE.COM BLOG Your 2015 Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. 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Upon arrest for DUI, you should ask to speak with an attorney immediately or as soon as possible. Do not make any statements to the police. There is an attorney (public defender) on call for that purpose. The officer will help you get in touch with them. </p> Posted at 07:32 AM in breath test machine, Right to Attorney | Permalink</p>Reblog (0)</p> Comments<p><img src="/feed.png" alt="Feed" width="10" height="10" /> You can follow this conversation by subscribing to the comment feed for this post.</p> The comments to this entry are closed.</p> THE DUISEATTLE.COM BLOG Powered by Typepaddocument.write(unescape("%3Cscript src='" + (document.location.protocol == "https:" ? "https://sb" : "http://b") + ".scorecardresearch.com/beacon.js'%3E%3C/script%3E"));COMSCORE.beacon({ c1: 2, c2: "6035669", c3: "", c4: "http://duiseattleblog.typepad.com/dui_seattle/2015/04/should-i-request-an-attorney-before-i-take-the-breath-test.html", c5: "", c6: "", c15: ""});</body>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-77728662042255070802015-04-19T19:29:00.000+02:002015-04-19T19:30:39.881+02:00Suspected DUI Driver Rockets Down Interstate the Wrong Way, Nearly Kills 20 Year Old Woman <P>Driving under the influence is never the right way to travel, and sometimes that lesson is quite literally true. Even an experienced Los Angeles DUI attorney could have difficulty making a case for someone who decides to drive along an interstate highway while under the influence—especially when that driver is headed in the wrong direction.<IMG class="alignleft wp-image-1594 size-medium" alt=wrongway-los-angeles-DUI src="/wrongway-los-angeles-DUI-300x225.jpg" width=300 height=225></P><P>According to the Illinois News Gazette, police officers managed to stop 60-year old Michael Jay Nolan from driving west in the eastbound lanes of Interstate 74 in Champaign County. The alleged DUI driver had traveled five miles in the wrong directions, from Ogden to St. Joseph, before a sheriff’s deputy was able to get his pickup truck to stop.</P><P>Considering the distance that Nolan covered, it’s fortunate that he forced only two drivers off the road during his wrong-way drive. A 20-year-old woman, Ashley Lurry, ended up in the median after meeting up with Nolan in her Chevrolet Cobalt. She and her passenger received treatment for minor injuries at a nearby hospital.</P><P>A Toyota Camry driven by 61-year-old Denise Chestnut landed in a ditch after swerving to avoid a head-on collision with Nolan’s truck. Although her Camry may never be the same—and Chestnut will probably never forget the sight of the headlights coming towards her on an expressway—she wasn’t injured.</P><P>Police were able to stop Nolan about 15 minutes after they received the first calls from frantic motorists alerting them to the problem. Nolan received tickets for illegal transportation of alcohol and improper lane usage—not his biggest problems, since the police also charged him with DUI.</P><P>One thing that Nolan and the two other drivers did right, however. According to the paper, all of the people involved had buckled up before they hit the road.</P><P>Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.</P><P>Call attorney Michael Kraut at (323) 464-6453 for help if you’ve been stopped for DUI in Los Angeles. Or Contact our team online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-58198111550825761902015-04-19T00:54:00.000+02:002015-04-19T00:54:00.512+02:00Will these bills make good laws? <P><IMG alt="Georgia flag" src="/gaflag.jpg" width=225 height=142>Your elected officials are busy at work. Do you know what they are up to? The Georgia Driver does. She is keeping an eye on a few bills as they make their way from proposal to law. If you've an interest in any of these topics, contact your representative lawmaker and let him or her know how you feel.</P><P>House Bill (HB)5 Allows for drones to capture images for certain purposes, but not for private surveillance. (Each new technology rewrites the law.)</P><P>HB9 Makes it unlawful for certain employers to ask whether an applicant has ever been arrested. (Does that mean after you've paid your debt to society you can actually get a job?)</P><P>HB13 Makes it unlawful for law enforcement to use racial profiling as a basis for probable cause to make a vehicular stop. (I bet you already thought this was illegal!)</P><P>HB37 Defines when a district attorney has conflict of interest in a prosecution. (Excellent!)</P><P>HB39 "Dropout Deterrent Act" expands ages of mandatory compulsory attendance in school. (So you can’t drop out until you graduate.)</P><P>HB56 No-Knock Warrants: Redefines when they can be used. (I think they should never be used.)</P><P>HB71 Crime Victims' Bill of Rights: gives certain time frames in a parole or death penalty case in order to give the victim notification and an opportunity to respond. Requires the Parole Board to make public their vote. (The Georgia Driver is concerned about this bill and will work with our death penalty and parole members to address the problems.)</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-78164484377448486572015-04-18T07:21:00.000+02:002015-04-18T07:21:00.071+02:00Fighting a Minor In Possession Charge <P><IMG alt=nobeersale src="/nobeersale.jpg" width=167 height=222>Prom and graduation season is fast approaching, and these events typically involve alcohol consumption. Way back in the dark ages when I graduated high school, the drinking age was 18, "legally drunk" was 0.15% (it's now 0.02% for those under 21 and 0.08% for those over 21), and getting caught drinking meant the police stood next to you while you told your parents what you'd been doing. Times have certainly changed, and there are now serious consequences to underage drinking. As long as no driving is involved, a teen caught drinking faces a Minor in Possession of Alcohol charge (MIP). If driving is involved, that under-21 year old likely faces a DUI, too. While the best practice for minors is to avoid people and places where alcohol is served to anyone, life happens.</P><P><BR>Our local courts see many MIP cases, and many are tough on MIPs, requiring those facing a first MIP charge to admit guilt and impose conditions such as probation, alcohol awareness classes, community service volunteer hours, and fines. The costs add up quickly. As a DUI defense lawyer, I'd rather help my clients avoid pleading guilty in the first place. Why? You want to avoid having any conviction on your record, ever.</P><P>Don't go to court and plead guilty thinking you'll just get the MIP charge "removed" from your record at a later date. Future employers doing background checks, as well as law enforcement and military recruiters, will see this "indiscretion."</P><P><BR>When a teen is charged with MIP, it costs time and money to deal with the situation and minimize the impact of the arrest. I've helped many minors over the years and, having raised two, I know that kids make mistakes. My methods for teaching important life lessons are amply effective and much less damaging than letting the courts "help" someone ruin their future with a guilty plea.</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-46562785529936436452015-04-17T15:52:00.000+02:002015-04-17T15:52:00.357+02:00The 2012 drunk driving picture in Minnesota, at a glance <P>One of the most recent years for drunk driving data, in the state of Minnesota, reveals some surprising facts, and today we're going to discuss this information. First and foremost, how many drunk driving arrests do you think were made in the state of Minnesota in 2012?</P><P>The answer is 22,278 such arrests. Only 260 of these arrests involved people age 18 or younger.</P><P>But what about fatal accidents involving drunk drivers? This is always a tragic and unfortunate area. In the state of Minnesota in 2012, 114 were killed as a result of an alcohol-impaired driving accident. That means that for every 100,000 people in Minnesota in 2012, there were 2.1 fatalities tied to alcohol-impaired motor vehicle accidents.</P><P>However, there is some very good news regarding the alcohol-impaired fatality rate per 100,000 people. The change in this rate from 2002 to 2012 shows a dramatic 46.3 percent decline. Hopefully we can continue this trend by having people make smarter decisions when it comes to even considering getting behind the wheel after consuming alcohol.</P><P>Unfortunately, we will never be able to completely eliminate drunk driving from our state, or the country, or the world -- though it is an admirable goal. Even self-driving cars won't fix the drunk driving problem because there will always be potential emergency scenarios where someone has to take over the driving duties, and if they are alcohol-impaired, then this creates problems.</P><P>Ultimately, we need to continue making responsible decisions about how we consume alcohol, how much we consume, and how we will safely make it home, in light of the answers to the first two questions.</P><P><STRONG>Source</STRONG>: Foundation for Advancing Alcohol Responsibility, "State Facts: Minnesota," Accessed March 10, 2015</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-33446003761556253012015-04-16T23:31:00.000+02:002015-04-16T23:31:00.094+02:00Man Swallows Penny Before Breathalyzer “The Dean of DUI Attorneys”</P>DUI Defense Exclusively Since 1979</P>Sorry, I could not read the content fromt this page.Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-34344682500927171902015-04-16T16:59:00.000+02:002015-04-16T16:59:00.385+02:00TEXTING VS. DRINKING WHILE DRIVING: LOL OR SOL? <IMG class="size-full wp-image-3573" alt="Image by: Wikipedia/ Edbrown05 " src="C:\Program Files (x86)\ABS\Auto Blog Samurai\data\DUI blog by Peter Drill\DUI news blog \Texting.jpg" width=108 height=81> Image by: Wikipedia/ Edbrown05</P><P>On November 8, 2014, University of Oregon linebacker Joe Walker returned a fumble one hundred (100) yards against the University of Utah for a touchdown.[1] Both football fans and the National Highway Traffic Safety Administration (NHTSA) agree—this is a long distance. A NHTSA report states that “sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent—when traveling at 55 mph—of driving the length of an entire football field while blindfolded</EM>.”[2] Despite the inherent dangers of intoxicated driving, NHTSA alleges that texting while driving makes teenage drivers twenty-three (23) times more likely to crash.[3]</P><P>Thirty-nine (39) states have banned texting while driving, which the Harvard Center for Risk Analysis Study attributes to over 3,000 deaths and 33,000 injuries per year.[4] Car and Driver Magazine</EM> tested individuals’ reaction times on a closed road course while sober, at the legal intoxication limit of .08, reading a text, and sending a text.[5] A red light in the vehicle indicated when the driver should brake while driving at speeds of 35 mph and 70 mph. Each trial tested the driver’s reaction to the signal five times, with the slowest reaction time (the amount of time between the activation of the light and the driver hitting the brakes) dropped from consideration and averaged the remaining four trials’ results.[6] The results under each condition (intoxicated, reading and writing a text) are displayed below with their sober, undistracted performance being the baseline. The attribution for the “Worst Results” chart below is noted in the following footnote.[7]</P><P><IMG class="aligncenter size-thumbnail wp-image-3572" alt="Reaction Distance Chart" src="C:\Program Files (x86)\ABS\Auto Blog Samurai\data\DUI blog by Peter Drill\DUI news blog \Reaction-Distance-Chart-150x150.jpg" width=150 height=150></P><P>Ultimately, texting had the most substantial, negative effect on the test drivers. While drunken or drugged driving has been the focal point of major regulations, texting has quickly become a hazard to traffic safety. For instance, intoxicated driving fatalities have decreased approximately 25% between 2002 and 2011, whereas texting fatalities have increased significantly.[8] Some studies equate texting’s effect while driving to that of a driver after consuming four beers.[9]</P><P>Similar to how intoxicated driving may be prevented by using designated drivers, texting related incidents may be prevented by responding after a safe arrival or using hands-free communication devices such as Bluetooth. In the future, it can be expected that more states will provide more stringent texting regulations. For instance, in New Jersey, cell phone use while driving is “unlawful except when the telephone is a hands-free wireless telephone” and is enforced by fines up to $800 for repeat violators.[10] Of course, state laws vary on this subject, so be aware of the applicable penalties and relevant repercussions in your state.</P><P><STRONG>About the Author</STRONG>: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,000 DUI defendants. Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee. Steve was the first lawyer in Tennessee to be certified as a DUI Defense Specialist by the Tennessee Commission on Continuing Legal Education and Specialization and the NCDD.</P><P>He is the author of DUI: The Crimes & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 23 states, the District of Columbia and three foreign countries.</P><P>You may contact Steve through his website at www.tndui.com or by telephone at (865) 249-7200.</P><P>The author would also like to recognize and thank Matt Wayne, a second year law student at the University of Tennessee College of Law, for his research and editing contributions of this article.</P><P>[1] Utah celebrates TD too early</EM>, ESPN, http://espn.go.com/college-football/story/_/id/11845079/oregon-ducks-return-fumble-100-yards-utah-utes.</P><P>[2] Alcohol, Problems and Solutions</EM>, http://www2.potsdam.edu/alcohol/files/Driving-while-Texting-Six-Times-More-Dangerous-than-Driving-while-Drunk.html – .VG4DYYfleGN (emphasis added).</P><P>[3] Id.</EM></P><P>[4] Todd Wilms, It Is Time For A ‘Parental Control, No Texting While Driving’ Phone</EM>, Forbes Business (Sept. 18, 2012).</P><P>[5] See </EM>Phil LeBeau, Texting And Driving Worse Than Drinking and Driving, CNBC </EM>(June 25, 2009), http://www.cnbc.com/id/31545004#; see also</EM> Michael Austin, Texting While Driving: How Dangerous is it?</EM>, Car and Driver Magazine, http://www.caranddriver.com/features/texting-while-driving-how-dangerous-is-it.</P><P>[6] Id.</EM></P><P>[7] Id.</EM> (There were two test drivers that are represented by the brown and white vehicles labeled “Alterman” and “Brown” respectively.)</P><P>[8] State Alcohol-Impaired Driving Estimates</EM>, U.S. Department of Transportation, available at</EM> http://www-nrd.nhtsa.dot.gov/Pubs/811776.pdf.</P><P>[9] Strayer, Drews, Couch, A Comparison of the Cell Phone Driver and the Drunk Driver</EM>, University of Utah (2006), available at http://www.distraction.gov/download/research-pdf/Comparison-of-CellPhone-Driver-Drunk-Driver.pdf.</P><P>[10] Jacob Masters, Texting While Driving Vs. Drunk Driving: Which Is More Dangerous?</EM>, Brain Injury Society (Oct. 27, 2013), http://www.bisociety.org/texting-while-driving-vs-drunk-driving-which-is-more-dangerous/ (“First time offenders will face a fine of at least $200. . . . a second offense will increase to at least $400 and drivers who are caught a third time will face a fine of at least $600, a possible 90-day suspension of their driver’s license and will be assessed (3) three motor vehicle penalty points.”). N.J. Stat. Ann. § 39:4-97.3 (West); http://www.state.nj.us/mvc/About/safety_cellphone.htm.</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-75843622421659370382015-04-16T01:41:00.000+02:002015-04-16T01:41:00.095+02:00Drunk Driving Crash Closes San Rafael Street Drunk Driving Crash Closes San Rafael Street - Marin DUI Lawyer Blog <body class="l2 mt-archive-listing mt-entry-archive layout-wtt" > Marin DUI Lawyer Blog Published by Marin, California DUI Attorney Law Office of John Stanko, Inc. HomeFirm WebsitePractice AreasContact Us « Previous | Home | Next » Drunk Driving Crash Closes San Rafael Street |Share <strong> April 2, 2015 </strong> <p>A crash that sheered off a power pole closed Francisco Blvd. East in San Rafael on Wednesday, March 25, 2015. The driver who was arrested for driving under the influence crashed his vehicle into a PG&E power pole shearing it off at the base.</p><p>The driver was not injured in the accident and there were no other cars involved. San Rafael Police Department Officers arrested the 44-year old driver on suspicion of DUI. PGE was on scene to repair the power pole.</p><p>A DUI arrest in Marin County can result in the loss of the driver's driving privilege from the DMV and in a probationary sentence that includes a fine and mandatory attendance at a DUI program. The fine for a first offense is $1,748.00 and with costs for the DUI program, insurance and license fees, the drunk driver will pay more than $2,000.00 if convicted in Marin.</p> <p>If you are arrested for drunk driving, or if you get a traffic ticket in Novato, San Rafael, Sausalito, or anywhere in Marin County call an experienced aggressive traffic ticket and DUI defense attorney for help.</p><p>For more information about driving under the influence, traffic or criminal charges in Marin County, San Francisco and throughout the Bay Area, or for a free consultation, call attorney John Stanko at 415-755-8899, or toll free at 1-877-204-8900.</p> Categories: DUI, DUI Program Posted by John Stanko | Permalink | Email This Post </p> Posted In: DUI , DUI Program </p> Contact Us 415-755-8899 Name: Email: Phone: Comments: <img src="C:\Program Files (x86)\ABS\Auto Blog Samurai\data\DUI blog by Peter Drill\Marin DUI\" /> Enter text from the Image Above: <button type="submit" name="submitbtn" tabindex="5">Submit</button> Search <button type="submit" name="search" accesskey="4">Go</button> <a>Connect <img src="/facebook-32.png" alt="Facebook"><img src="/twitter-32.png" alt="Twitter"><img src="/justia-32.png" alt="Justia Profile"><img src="/rss-32.png" alt="RSS Feed"> Topics DUI (104) DUI Checkpoints (45) Celebrity DUI (2) DUI Field Sobriety Tests (17) Ignition Interlock Device (11) DUI Trials (2) DUI Program (26) Felony (6) Dry Reckless (1) DMV Administrative Hearings (10) Suspended Driver's License (51) Negligent Operator (4) San Francisco DMV DUI suspension (1) Oakland DMV license suspension (1) Santa Rosa DMV license suspension (1) Traffic Ticket Defense (32) Red Light Camera Tickets (11) Speeding Tickets (23) Hit and Run (1) Cell Phone and Texting Tickets (2) Criminal Defense (12) Sex Offenses (1) Assault and Battery (6) Batter on a Police Officer Battery on a Police Officer (2) Marijuana (2) Drunk in Public (1) Vandalism (1) Theft Crimes (5) Felony (8) Drug Possession (6) Child Endangerment (5) Domestic Violence (2) Evading a Police Officer (2) Trespassing (1) Resisting Arrest (2) Conspiracy (2) Embezzlement (1) Misdemeanor (5) Domestic Violence (1) Car Theft (2) Probation Violation (3) Felony (4) Drug Possession (2) Child Endangerment (1) Probation (8) Evading a Police Officer (1) NHTSA (7) Robbery (1) Drug Crimes (3) Under the Influence of a Controlled Substance (1) Speed Trap (1) Recent Entries <p>Apr 3, 15 10:51 AM</em><strong>Napa CHP Arrests 8 DUI Drivers </strong> Officers of the California Highway Patrol working out of the Napa County area office made...</p> <p>Apr 2, 15 10:34 AM</em><strong>Drunk Driving Crash Closes San Rafael Street</strong> A crash that sheered off a power pole closed Francisco Blvd. East in San Rafael...</p> <p>Feb 4, 15 11:31 AM</em><strong>One Sonoma CHP Officer Gets Two DUI Drivers on 101</strong> Sonoma County CHP Officer Mike Phennecie arrested two drivers within a matter of hours on...</p> <p>Jan 31, 15 04:32 PM</em><strong>Sonoma County DUI Enforcement Increased for Super Bowl</strong> Sonoma County law enforcement agencies will be sending out extra patrols to look for intoxicated...</p> <p>Jan 30, 15 04:41 PM</em><strong>Extra DUI Patrols In Marin For Super Bowl Weekend</strong> The multi police agency DUI enforcement team, "Avoid the Marin 13" will be putting extra...</p> <p>Dec 16, 14 10:22 AM</em><strong>Holiday DUI Checkpoints Planed in San Rafael</strong> The City of San Rafael Police Department will be conducting drunk driving checkpoints and special...</p> <img src="C:\Program Files (x86)\ABS\Auto Blog Samurai\data\DUI blog by Peter Drill\Marin DUI\logo-footer.gif" /> 4040 Civic Center Dr #200 <br /> San Rafael, CA 94903<br /> <br /> Phone: 415-755-8899<br /> Toll Free: 877-204-8900<br /> Fax: 415-532-1436 <br /> Phone: 707-642-8900 Home Website Disclaimer Contact Us Website Map Blog Posts Copyright © Marin DUI Lawyer Blog Justia Legal Website Design Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-16896519129691172262015-04-15T16:04:00.000+02:002015-04-15T16:04:00.222+02:00How Easy Is It To Get a False Confession? <P><IMG class="alignnone size-full wp-image-1518" alt=5030898874_925e880455 src="/5030898874925e8804551.jpg" width=500 height=375></P><P>Confessions are considered the gold standard of police work. Most people believe that if a suspect confesses that means they’re guilty. A confession leads people to believe a case is open-and-shut – no need for a trial, lawyers, or a jury. Besides, who in their right mind would confess to something they didn’t do?</P><P>What if I told you it is really </EM>easy to get someone to confess to something they didn’t do – just by asking them the right questions? A new study done at a Canadian university proves just that – that it is incredibly</EM> easy to convince someone that they had committed a fake crime.</P><P>Everyone knows it’s easy to make someone confess to something they didn’t do by torturing them or threatening their loved ones. The Canadian study showed something much scarier – that people could be coaxed into a false confession simply by using suggestive questioning. Over 70 percent of the participants in the study were convinced that they had committed a crime even though it was entirely made-up</EM>. They even fabricated and embellished details and felt guilty for a crime they did not commit.</P><P>But that’s not the scary part of the study. Here’s a quote from the article I linked above:</P><BLOCKQUOTE readability="8"><P>Some subjects persisted in believing they were guilty after they had been told the “crime” had been invented. “A few people argued with the experimenter and said, ‘Well no, I know this happened,’ ” says Porter.</P></BLOCKQUOTE><P>The psychologists conducting the study actually ended it early (after using 60 students as test subjects) due to their concern over its implications.</P><P>There are several major differences between the Canadian study and what happens in police interrogations. Police interrogations often go on longer, have more than one interrogator, use outright lies and imagined evidence, use confrontational tactics, and the people being interrogated are generally not as smart as your average Canadian college student.</P><P>Police officers and detectives will interrogate someone for hours, often taking turns between questioners. In one case officers interrogated a homeless pregnant woman for 12 hours in order to get a confession they later found out was completely false.</P><P>Police officers and detectives will lie to suspects about the evidence they have, and make it seem that confessing to a crime is their best and only option. True story: I was once interrogated by a detective for a crime I knew I didn’t commit. One of the first things the detective said to me was “we have you on video tape.” There was no tape.</P><P>Police officers rely on an interrogation technique called the “Reid Technique.” This method is considered the gold standard for interrogation techniques, and is supposedly designed to allow officers to figure out whether or not a suspect is credible, and to get a confession out of the suspect. Many studies have called this method into question, and it has led to a multitude of false confessions.</P><P>One idea people have come up with to put an end to false confessions is to videotape all interrogations. That way, the logic goes, we can see for ourselves what actually goes on and confirm</EM> that the suspect actually confessed.</P><P>Although recording all interrogations is definitely a great start, there are some problems with thinking it’s the ultimate solution. Juries are far more likely to believe a videotaped confession than an audio recording, one that is hand-written, or one testified to by police. Also, as pointed out in an NYT Op-Ed last year, the police and prosecutors can use the video angles to dramatic effect. A videotaped confession doesn’t usually show the police’s prior encounters with the suspect – walking him down the hall, talking to him in a holding cell, and otherwise leaning on him and prepping him before</EM> he goes into the interrogation room.</P><P>One thing we can take away from all this is that confessions should not be the gold standard of criminal cases. It’s not hard to pressure innocent people into confessing to things they didn’t do.</P><P>photo credit: Confess via photopin (license)</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-77428653721216074882015-04-15T00:29:00.000+02:002015-04-15T00:29:00.624+02:00Reasonable Grounds or a Hunch? <P><IMG class=mt-image-right alt=DRIVERS-LINCE-566x383.jpg src="/DRIVERS-LINCE-566x383.jpg" width=366 height=247>In the hearing to rescind a statutory summary suspension, the defendant must first present a prima facie case for rescission, then the state must overcome this by presenting evidence justifying the suspension. People v. McClure, 218 Ill.2d 375 (2006). In the rescission hearing, the question that often needs to be asked is whether the arresting officer had reasonable grounds to believe that you were driving a vehicle under the influence. </P><P>Reasonable grounds in the rescission hearing is identical to the probable cause standard in the criminal matter of a DUI. Probable cause for an arrest exists when the totality of the circumstances, known to the officer, are such that a reasonably prudent person would believe you committed a crime. People v. Rodriguez-Chavez, 405 Ill.App.3d 872 (2d Dist 2010). Therefore, the judge will have to decide whether the officer had probable cause to arrest you for DUI.<BR><BR>Each DUI arrest is factually different from each other. This reasonable grounds standard does not have a threshold that must be crossed for the arrest to be legal. Instead, the court will look to all of the factors surrounding the arrest to determine if there was reasonable grounds to believe that you were driving under the influence. </P><P>In one instance, the defendant admitted to speeding after drinking a few beers earlier in the day. People v. O’Brien, 227 Ill.App.3d 302 (2d Dist. 1992). He also failed one-leg stand and the horizontal gaze nystagmus test. However, the defendant testified that he was not under the influence while he was driving. In the end, the court found his testimony more credible than the arresting officer and ruled that there was no probable cause to arrest the defendant for a DUI. This is an example of how credibility can sway the ruling in the courtroom.</P><P>In People v. Lukach, 263 Ill.App.3d 318 (2d Dist. 1994), there was a single-car accident. The defendant suffered a head injury in the accident. The arresting officer did not allege any odor of alcohol on the breath of the defendant nor did he claim there were bloodshot or watery eyes. Like in O’Brien, the court found that the arresting officer lacked probable cause to arrest or even test the defendant for driving under the influence. However, unlike O’Brien, this ruling was based off of the officer’s own observations at the scene and not his credibility. </P><P>There was also no probable cause to arrest in People v. Boomer, 325 Ill.App.3d 206 (2d Dist. 2001). Here, the defendant admitted to drinking, reeked of alcohol, and laid his motorcycle down. Witnesses claimed that he had not been driving erratically and the court noted that motorcycles are more prone to hazards on the roads that could lead to accidents. </P><P>These are just a few of the many ways a skilled DUI attorney will challenge a statutory summary suspension of their client’s drivers license. Do not miss out on your chance to keep your driving privileges!</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-34440032244714504452015-04-14T17:17:00.000+02:002015-04-14T17:17:00.209+02:00Do you DUI attorney's offer payment plans? THE DUISEATTLE.COM BLOG : Do you DUI attorney's offer payment plans? <body class="layout-two-column-left post">window.fbAsyncInit = function() { FB.init( { apiKey: 'a279adbe87e2b3c505e777af99a5260d', xfbml: true } );};( function() { var e = document.createElement( 'script' ); e.async = true; e.src = document.location.protocol + '//connect.facebook.net/en_US/all.js'; document.getElementById( 'fb-root' ).appendChild( e );} )(); THE DUISEATTLE.COM BLOG Your 2015 Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. 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Many in the Seattle/Bellevue metro area require full payment</em> of the fee in advance. However, our office offers very flexible monthly payment plans for your DUI attorney fee. (minimum</em> down payments vary from $1000.00-$2500.00) </p>Typical</em> monthly payments range from $300.00 to $600.00. (we look at each client's financial situation) See Online Case Evaluation or simply call and/or text</em> 24 hours a day to (206) 335-2422 to make an appointment with our office.</p> Posted at 12:18 PM in Attorney Fees | Permalink</p>Reblog (0)</p> TrackBack<p>TrackBack URL for this entry:<br />http://www.typepad.com/services/trackback/6a00e553da03ec883301bb080e4b10970d</p><p>Listed below are links to weblogs that reference Do you DUI attorney's offer payment plans?:</p>THE DUISEATTLE.COM BLOG Powered by Typepaddocument.write(unescape("%3Cscript src='" + (document.location.protocol == "https:" ? "https://sb" : "http://b") + ".scorecardresearch.com/beacon.js'%3E%3C/script%3E"));COMSCORE.beacon({ c1: 2, c2: "6035669", c3: "", c4: "http://duiseattleblog.typepad.com/dui_seattle/2015/03/do-you-dui-attorneys-offer-payment-plans.html", c5: "", c6: "", c15: ""});</body>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-807733632447012102015-04-14T04:23:00.000+02:002015-04-14T04:23:00.118+02:00What is the True Cost of a First-Time California DUI? <P>You may have seen the billboards a couple years ago warning motorists that a DUI can cost a person up to $16,000 total. I suspect that it has gone up since then. People have asked me whether this figure is accurate and what they can actually expect to spend after a first-time California DUI conviction. So let’s do the math.</P><P>Now I don’t say this next thing because I’m an attorney who is trying to solicit clients, but rather I’m saying it as an attorney who knows what to expect from the court process. Hire a lawyer. Attorneys have gone through three or more years of a law school, passed the unbelievably rigorous bar exam, and eventually become licensed to practice law in California for a reason. That reason is to go to court for people. Don’t think you can do it on your own.</P><P>Having said that, attorneys can cost between $1,000 and $10,000 depending on who they are, what their reputation is, and what their experience is. You can do your own math based on these figures. But of the attorney and law firms I know, I’d say a safe average is $3,500. This will usually cover a retainer up to, but not including trial. Those costs can be much more.</P><P>Upon conviction, the court will impose fines and fees. The statutory minimum for a first time DUI is $390 and the statutory maximum is $1,000. Fortunately for first-time California DUI offenders, the court usually imposes the minimum. Unfortunately, however, the court tacks on “penalties and assessments.” It is difficult to know exactly how much these penalties and assessments will amount to. In fact, today in court I heard a judge say that even he didn’t know how much amounted to. But, as a rule of thumb, I tell my clients to expect four to five times what the base fine is. So for the sake of our discussion, let’s say an even $1,700.</P><P>Most people convicted of a first-time California DUI will be required to take a three month DUI program. While people can choose from a number of programs with slightly different enrollment costs, a three month DUI program can cost a person around $575.</P><P>In Los Angeles, Alameda, Sacramento, and Tulare Counties, a person convicted of a first-time California DUI will be required to install an ignition interlock device in their vehicle for five months. On average, a person can expect to pay about $100 to have the device installed and about $2.50 per day to lease the device, have it maintained, and keep it calibrated. This amounts to about $325.</P><P>If a person’s vehicle is towed and stored at a yard, which is often the case following a California DUI arrest, that person can expect to pay about $350 to have it released.</P><P>Once a person is eligible to have their license reinstated by the California DMV, they will need to pay $125 to the DMV as a reinstatement fee.</P><P>However the single most expensive cost following a California DUI conviction is the increase in insurance premiums. In order to drive following a California DUI, the California DMV will require a person to file an SR-22 form. This document certifies to the DMV that, notwithstanding the DUI conviction, a person’s insurance company still insures them for California’s minimum requirements for automobile insurance liability coverage. The exact amount it costs to maintain the SR-22 is difficult to calculate because a number of factors such as age, gender, place of residence, and the rates of the particular insurance company.</P><P>Because the amounts of increased insurance premiums are difficult to calculate, I’ll use the figure used by the 2013 Automobile Club’s estimate for a 25 year old male over a 10 year period. This was the amount used when the Automobile Club announced that the total costs of a DUI were $16,000 in 2013. This amount was $10,154.</P><P>I’ll save you from doing the math. When you add all of these figure up it amount to $16,729.</P><P>This is about as rough as an estimate as we can get. Remember there are a number of other factors that contribute to the overall cost of a DUI. Having said that, this number can still be used as a guide to what a person can expect to pay following a first-time California DUI conviction.</P>I’ve said it before and I’ll say it again…<P>Before you head out for a night of drinking don’t turn your $50 bar tab into a $16,000 mistake.</P><IMG alt=Share src="/sharesave17116.png" width=171 height=16> This entry was posted on Monday, March 23rd, 2015 at 7:56 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed. </P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-846505690205699072015-04-13T21:07:00.000+02:002015-04-13T21:07:00.739+02:00Bar Cited After Customers Die in DUI Collision <P>Two bars in Cleveland, Ohio have been cited for serving customers alcohol who later crashed their vehicles and died, according to Fox8 Cleveland.</P><P>In September, 2014, 22-year old Brandyn Pino was ordered to leave Aces Depot, a bar in Olmsted Falls. Shortly after being kicked out, Pino crashed his vehicle a mile away from the bar where he died.</P><P>“They had no problem taking my son’s money, but then they throw him out and let him drive,” Cindy Pino, Brandyn’s mother, told Fox8 Cleveland. “Something needs to be done. Something has to be changed.”</P><P>A second bar, Dusty’s Tavern, is alleged to have over served 51-year old Joel Schwartz alcohol this past January. After leaving the bar, Schwartz crashed his vehicle two miles away and later died.</P><P>“Any time there is an administrative citation against a bar, it is forwarded to the Ohio Liquor Control Commission,” Greg Croft, Ohio Investigative Unit Agent in Charge told Fox8 Cleveland. “There will be a hearing and they can be fined, suspended, or even face a revocation.”</P>The Ohio Investigative Unit subsequently cited both bars.<P>“Liquor establishments are supposed to serve responsibly,” Croft said. “In the state of Ohio, the laws are pretty specific; you can’t serve past the point of intoxication.” The county prosecutor will also be reviewing the incidences to determine if criminal charges should be filed.</P><P>I can understand a bar being cited if they over serve a customer which leads to, say, alcohol poisoning. But, here, there is a disconnect between serving a person alcohol and a subsequent DUI collision. California law sees it the same way.</P><P>While other states such as Ohio may hold a bar liable for injuries caused by a drunk driving customer, in California it is the customer’s willful decision to drink and then drive which is the cause of any subsequent DUI collision. Thus, in California, bars and restaurants are shielded from liability when a customer over drinks, drives away, and causes injury or damage.</P><P>California’s “Dram Shop Laws” (California Civil Code section 1714) read as follows:</P><P>(b) It is the intent of the Legislature to . . . reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.</P><P>(c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.</P><P>(d) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.</P><P>As you can see, the laws are different if the customer is under the age of 21. It is the responsibility of bar to ensure that their customers are of legal drinking age before serving them alcohol. People under the age of 21 are legally deemed incapable of making good decisions regarding alcohol use…like the decision not to drive after drinking at a bar.</P><P>While California’s law differ from other states with respect to civil liability, like Ohio, a bar may be held criminally liable if they serve alcohol to an “obviously intoxicated person.”</P><P>According to California Business and Professions Code section 25602(a), “Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor."</P><IMG alt=Share src="/sharesave17116.png" width=171 height=16> This entry was posted on Monday, March 16th, 2015 at 7:03 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed. </P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-37162721359403166752015-04-13T06:46:00.000+02:002015-04-13T06:46:00.880+02:00Medication Contraindication: Driving in Minnesota Posted on March 17, 2015 by Chuck Ramsay <P><IMG alt="" src="/drive20bottle202.jpg" width=300 align=left height=204>Medication Contraindication: Driving in Minnesota</P>Do you take prescription medication? Approximately 70% of Americans do. </P>If your medication is classified as Schedule I or Schedule II—Adderall, Ambien, Codeine, or Klonopin, for example—every time you get behind the wheel of a car, you are committing the crime of driving while impaired. If arrested, you will lose your driver’s license, and proving that you are taking medication as prescribed by your doctor won’t help you get it back.</P>For this you can thank the Minnesota Court of Appeals for its recent decision in Dornbusch v. Comm’r of Pub. Safety</EM>.</P>In its decision, the Dornbusch</EM> court freely acknowledged that classifying medications—because of their potential for abuse—was never intended to thwart their prescribed use by drivers. </P>Remember, we’re not talking about street drugs or hardcore narcotics here. It is against the law to drive in Minnesota if any amount of certain medications people take every day—Ritalin, Xanax, Vicodin, to name just a few—is present in your body.</P>But the Dornbusch</EM> court nonetheless held that when any amount of a Schedule I or II medication is found in a chemical test—even when the driver was taking the medication as prescribed—a judge’s hands are tied. If the state has revoked your driver’s license for suspected DWI, a valid prescription will do nothing to help you get your driver’s license back.</P>Let me guess; this is the point where you, and many readers, are thinking, “Well, it’s only a crime if I get arrested while driving, and even if I get pulled over, I won’t be arrested for DWI, so I don’t need to worry.”</P>Think again. Law enforcement officers need only a minor traffic infraction to justify pulling you over. Once you’ve been stopped, an officer’s hunch, your bloodshot eyes, and an inability to stand perfectly still while balancing on one leg is all it takes to arrest you for DWI.</P>Coming up next: a recent example from the Court of Appeals of just how easy it is to find yourself under arrest for DWI.</P><STRONG>Trackbacks (0)</STRONG> Links to blogs that reference this article <STRONG>Trackback URL</STRONG><BR>http://www.mndwidefenseblog.com/admin/trackback/320063 Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-28508102479744027442015-04-12T13:50:00.000+02:002015-04-12T13:50:00.161+02:00DUI Expungements Still Not A Reality In Ohio <P>Ohio Senate Bill 143 (OH SB143) was passed in the Senate June 4, 2014, and signed by Gov. John Kasich June, 2014. The new expungement law shall become effective September 19, 2014. This follows the 2012 change to Ohio's expungement law (Ohio Senate Bill 337) which changed the requirement of “first offender” to “eligible offender,” expanding the types of convictions and how many convictions that a person can seal and expunge from their criminal record. Under the new law, even more people may be eligible for an expungement. Are DUI charges now eligible for expungement? No!</P><P>Significant provisions of the new law include:</P><BLOCKQUOTE readability="13"><P>•Applicants are now eligible to seal up to two misdemeanor convictions, regardless of whether the two convictions are for the same offense.</P><P>• Clarifies that orders to seal records apply to entire case records and not just records of convictions.</P><P>• Applicants are permitted to include records for more than one case in a single application. Charging $50 for each case an applicant requests to have sealed is prohibited.</P><P>• The court is no longer required to send notice of orders to seal records by certified mail, return receipt requested.</P></BLOCKQUOTE><P>Under the new law, a person with two convictions for the same offense may now qualify for an expungement. The power to expunge still resides within the discretion of the court, so it is important to seek the advice of competent counsel to help you through this process.</P><P>Like many other aspects of the law, DUI/OVI/Drunk Driving offenses are treated differently. OVI (R.C. 4511.19) and Physical Control (R.C. 4511.194) are specifically excluded.</P><BLOCKQUOTE readability="15"><P>Charles M. Rowland II is a Dayton DUI Attorney, handling OVI cases in Fairborn, Beavercreek, Xenia, Springfield, Oakwood, Miamisburg, Centerville, Vandalia, Huber Heights and throughout the Miami Valley. If you need to speak to him, call (937) 318-1384.</P></BLOCKQUOTE><IMG class="avatar avatar-80 photo" alt="" src="http://0.gravatar.com/avatar/e7f89c832941acfbb9e8ca3c4da17b8a?s=80&d=http%3A%2F%2F0.gravatar.com%2Favatar%2Fad516503a11cd5ca435acc9bb6523536%3Fs%3D80&r=G" width=80 height=80></P>"All I Do is DUI Defense." 24 hr. DUI Hotline at (937) 776-2671 or my office at (937) 318-1384. I've been helping people accused of drunk driving for over 20 years, let me help you. Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-88441355192880877152015-04-12T04:29:00.000+02:002015-04-12T04:29:00.482+02:00St. Patrick’s Day DUI “The Dean of DUI Attorneys”</P>DUI Defense Exclusively Since 1979</P>Sorry, I could not read the content fromt this page.Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-18170153399421245792015-04-11T14:42:00.000+02:002015-04-11T14:42:00.664+02:00The House Always Wins <P><IMG class="alignnone size-full wp-image-1521" alt=15094870196_a11a26fd1d src="/15094870196a11a26fd1d1.jpg" width=500 height=331></P><P>A New Jersey Court ordered gamblers to return the $1.5 million dollars they on from the Golden Nugget Casino in Atlantic City. The 14 gamblers won this money by playing a game of mini-baccarat after realizing that the cards the casino was using were not shuffled. Once the players made this realization they were able to clean house.</P><P>Confession: I had to actually look up baccarat to figure out how it’s played. It’s the game James Bond was playing in Dr. No. </EM></P><P>The casino brought the suit against the gamblers even though they had (at least in theory) won the money fair and square due to the casino’s error in not making sure the cards were shuffled. The judge ruled that because the cards weren’t shuffled the state’s gambling regulations make the games illegal, and so the gamblers had to return their winnings.</P><P>So what led to this mistake? The casino apparently bought what it thought to be pre-shuffled cards from a company in Kansas City. Here’s the catch – the casino didn’t stop at suing the gamblers, it sued the Kansas City card company also. That case was settled confidentially out of court, which means we won’t ever know how much money the casino got from the card company.</P><P>One possibility is that the casino recovered the full value of its losses – $1.5 million – from the Kansas City card company before</EM> going after the gamblers in court. Quite the payday. But unless there was some screw-up by the lawyers for either the gamblers or the card company, the amount of the court award should be reduced by the amount of the confidential settlement. Also, most states have laws against this type of “double recovery.” Also this case seems headed for appeal so I wouldn’t cash in just yet.</P><P>The lesson to be learned from this is an old one: the house always wins. Even when it makes mistakes.</P><P>photo credit: The Perfect Shuffle via photopin (license)</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-47734597775357959582015-04-11T05:08:00.000+02:002015-04-11T05:08:00.600+02:00Man accused of repeatedly crashing into tractor-trailer <P>New Jersey State Police report that a 31-year-old Sussex County man driving a pickup truck repeatedly ran into a tractor-trailer truck on March 4. The incident occurred on Route 287 around 2:15 p.m. </P><P>There were no reported injuries following the accident. Troopers said the pickup truck driver appeared to be under the influence, though they did not indicate what these signs of impairment were. </P><P>When troopers searched the man's pickup truck, they allegedly found prescription pills as well as a straw that contained what they believed be drug residue. It was not known if the pills had been legitimately prescribed to the man. Authorities took the pickup truck driver into custody and charged him with possession of drug paraphernalia and DWI. </P><P>Although more people may be accused of driving under the influence of alcohol, some are accused of driving under the influence of drugs. Even individuals who drive under the influence of legitimate prescription drugs could face drunk driving charges, particularly if they know that the pills could affect their operation of vehicles. </P><P>Defendants of DWI could fight the charges by demonstrating that they did not know that the medications could cause such a reaction or that the medications were not responsible for their behavior. Sometimes, individuals appear drunk or otherwise impaired because they are sleep-deprived or have a health condition that affects their behavior. Someone accused of DWI might request a lawyer to help them gather evidence and represent them in court. </P><P><STRONG>Source:</STRONG> NJ.com, "Truck driver charged with DWI, drug paraphernalia after Route 287 crash into tractor-trailer," Justin Zaremba, March 5, 2015 </P>Tags: Drunk Driving Charges</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-3905552187763645372015-04-10T16:01:00.000+02:002015-04-10T16:01:00.335+02:00Mandatory Appearances In The Kettering Municipal CourtHaris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-81686318600862228412015-04-10T05:39:00.000+02:002015-04-10T05:39:00.120+02:00Can I postpone my Washington Department of Licensing Hearing? THE DUISEATTLE.COM BLOG : Can I postpone my Washington Department of Licensing Hearing? <body class="layout-two-column-left post">window.fbAsyncInit = function() { FB.init( { apiKey: 'a279adbe87e2b3c505e777af99a5260d', xfbml: true } );};( function() { var e = document.createElement( 'script' ); e.async = true; e.src = document.location.protocol + '//connect.facebook.net/en_US/all.js'; document.getElementById( 'fb-root' ).appendChild( e );} )(); THE DUISEATTLE.COM BLOG Your 2015 Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. OVER 20 years of experience. Call or Text right now - 206.335.2422 for a Free Consultation. 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You can continue or postpone the Washington State Department of Licensing (DOL) Administrative Hearing one (1) time - no questions asked. (more than once usually requires an emergency situation.) You will have to fill out an Administrative Hearing reschedule form available on the DOL website. See Link. Reschedule Hearing. You call DOL first to reschedule hearing and then fax the completed form to DOL. </p> Posted at 10:08 AM in DOL administrative hearing, DOL Hearing, DOL Issues | Permalink</p>Reblog (0)</p> TrackBack<p>TrackBack URL for this entry:<br />http://www.typepad.com/services/trackback/6a00e553da03ec883301bb08114680970d</p><p>Listed below are links to weblogs that reference Can I postpone my Washington Department of Licensing Hearing?:</p>THE DUISEATTLE.COM BLOG Powered by Typepaddocument.write(unescape("%3Cscript src='" + (document.location.protocol == "https:" ? "https://sb" : "http://b") + ".scorecardresearch.com/beacon.js'%3E%3C/script%3E"));COMSCORE.beacon({ c1: 2, c2: "6035669", c3: "", c4: "http://duiseattleblog.typepad.com/dui_seattle/2015/03/can-i-postpone-my-washington-department-of-licensing-hearing.html", c5: "", c6: "", c15: ""});</body>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-55990373887353261632015-04-09T12:15:00.000+02:002015-04-09T12:15:00.515+02:00Criminal Records are Hurting Our Future <P>Over 25% of Americans have a criminal record. That’s about 65 million people. Yet employers are getting more and more reluctant to even consider hiring someone if they have a criminal record. It’s becoming a real problem, and people are being turned down for jobs simply because they were once accused, not convicted of, a crime.</P><P>Let’s draw some distinctions here: there are several types and sub-types of criminal records, each meaning something different:</P>A record of an arrest but no prosecution;A record of an arrest and prosecution but no conviction; andA conviction.<P>Let’s talk about each of these in more detail, because a record of even one of these can mean vastly different things.</P><P>All this means is that a person was arrested by a police officer. That officer believed (at least had to say he or she believed) that there was “probable cause” to arrest the person for a crime. But, once the case came to the prosecutor the prosecutor decided that it was not a case worth pursuing.</P><P>This could mean:</P>the crime never happened;the crime did happen but the prosecutor knows there’s no way to prove guilt;the crime did happen but it was so minor in nature that it’s not worth the time and money to prosecute the accused;the crime did happen but the police officer arrested the wrong person; and/orthe crime did happen and the police arrested the right person but the prosecutor believes the best thing is to not prosecute, for whatever reason (moral, the victim refuses to testify, etc.).<P>By looking only at an arrest record we have no idea. But arrest records and mugshots are public records, and stay public records until they are taken down through sealing or expungement. Also, even if the arrest record is sealed or expunged, several mugshot companies have popped up, basically holding people’s mugshots hostage. Even if the person pays to have their records taken down there’s no guarantee it won’t pop up again on another site, or in some cases, the same website.</P><P>This means the person was arrested and the prosecutor decided that the case was worth pursuing, but the defendant was not convicted of the crime. This can happen in several ways:</P>The case went to trial and the jury acquitted the defendant;The defendant agreed to a plea deal that did not include a conviction;The judge dismissed the case because the prosecutor was not able to prove the elements of the crime;The prosecutor dropped the case because new evidence came to light that showed they were prosecuting the wrong person;The prosecutor dropped the case because none of the witnesses could be found to testify;The defendant’s attorney got the judge to suppress the evidence against them because the police officers violated the defendant’s rights; and/orThe prosecutor dropped the case because the defendant agreed to testify against a co-defendant.<P>Again, by looking only at the fact that a person was arrested and prosecuted, we have no idea of what really happened. Unless court records are sealed or expunged the record that a person was prosecuted is public, even if they were falsely accused of a crime.</P><P>A person is convicted of a crime. In Florida, you can be convicted of a crime for driving without a license. For fishing without a license. For doing or not doing a whole host of non-violent things.</P><P>Also, there’s a very big difference between a misdemeanor conviction and a felony conviction. Convicted felons lose their right to vote and own a firearm. They face very tough employment prospects. But being a convicted felon doesn’t mean a person committed a violent crime. The difference between a felony and misdemeanor marijuana conviction is a matter of grams.</P><P>More and more employers are requiring background checks, even for jobs that probably shouldn’t require them. Do you really care if your dry cleaner got a DUI 10 years ago? What if the manager of your local grocery store got arrested for smoking dope in high school – would you still shop there? The point is that there are a huge number of stupid, meaningless and victimless crimes people can be accused, prosecuted for, and even convicted of that prevent them from being employed.</P><P>Yet we’re seeing some progress moving forward. Tampa’s city counsel is considering a “ban the box” law that would prevent some employers from considering criminal history before determining if the applicant is qualified. The Florida legislature has been considering new laws that would shorten the length of time a juvenile case stays on someone’s record.</P><P>Also, people (as long as they’re eligible) can get their records sealed or expunged. This is something that we always offer to our existing criminal clients for free, because we know that your future is important.</P><P>Hopefully our lawmakers will make more progress on common-sense ways to prevent a criminal record from being a permanent scar on someone’s future.</P><P>photo credit: George Wilson via photopin (license)</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.comtag:blogger.com,1999:blog-357736042321605757.post-559289623696089062015-04-09T05:35:00.000+02:002015-04-09T05:35:00.049+02:00New Jersey councilman charged with drunk driving <P>On March 14, police released a Jersey City councilman after he was arrested on suspicion of DUI that morning. Police arrested the councilman following a three-car accident, which police are still looking into. The councilman was brought up on DWI charges before his release. A city spokesperson said that there would be consequences following the final police report. </P><P>According to police reports, the councilman's blood alcohol content at the scene was .15 percent, almost twice the legal limit in New Jersey. Police conducted a field sobriety test after allegedly smelling alcohol on the councilman's breath. The report states that police arrested him after he failed the test. The councilman had been returning from a St. Patrick's Day casino night. </P><P>The related accident involved three cars, including the councilman's car. According to witness reports, the councilman was traveling south on West Side Avenue when he hit a taxi going west on Communipaw Avenue, which in turn collided with a third vehicle after going into a spin. The councilman and the second driver both claim that the other individual ran a red light. Following the accident, police impounded the councilman's car. The second driver in the collision was taken to a local hospital for problems with back pain. </P><P>In New Jersey, a person is considered to be driving under the influence with a BAC of .08 percent. In cases where the BAC level is above .10 percent, drivers can face over $2,000 in fines, seven months to a year of license suspension and up to 30 days in prison for a first offense. Sometimes the improper administration of breath tests and rising blood alcohol concentration can cause roadside breath tests to be skewed higher. As each DWI case differs, a person being brought up on these types of charges may want to consult with an attorney. </P><P><STRONG>Source:</STRONG> NJ.com, "Jersey City Councilman Charged with Drunken Driving after Three-Car Collision," Terrence McDonald, March 14, 2015</P>Tags: DWI charges, fines, license suspension</P>Haris Tahićhttp://www.blogger.com/profile/14511996284310683078noreply@blogger.com