Entries in the 'DUI/DWI' Category ↓

Driving under the influence of alcohol or drugs (DUI) and other serious traffic violations require a good criminal law attorney or a dedicated DUI lawyer. Penalties increase for second, third and habitual offenders. You can lose your license, go to jail, pay a fine, perform community service, and have to attend safe driving classes if you are convicted of DUI or another traffic violation such as reckless driving or speeding. If someone was seriously injured or died because of your reckless behavior, penalties will be severe.

Stricter sentencing guidelines are introduced to decrease the amount of crimes committed.  It is important to have the help of seasoned criminal attorney when facing criminal charges.  Sentences in Vermont are imposed according to the severity and type of crime.  There are two classifications for crimes in Vermont – misdemeanors and felonies.

Drunk driving or driving while intoxicated (DWI) is a serious offense in Vermont that requires the legal guidance of experienced Burlington DWI attorneys.  The magnitude of damage a drunk driver can cause is enormous.  DWI sentences in Vermont were developed according to the number of DWI offenses the individual has committed.  In addition to a fine, jail time and a license suspension, DWI penalties can include community service, DWI surcharges, educational driving and alcohol addiction classes, and a vehicle interlock system.

Stricter sentencing guidelines are introduced to decrease the amount of crimes committed.  It is important to have the help of seasoned criminal attorney when facing criminal charges.  Sentences in Vermont are imposed according to the severity and type of crime.  There are two classifications for crimes in Vermont – misdemeanors and felonies.
Misdemeanors and Felonies
Misdemeanors are lesser crimes with jail time of no more than one year.  A fine can accompany the jail time.
Felonies in Vermont are more serious crimes with imprisonment of two years or more.  Fines may also accompany imprisonment depending on the type of felony.

In both misdemeanors and felonies in Vermont, sentencing is done according to the offense committed.

DWI Sentences in Vermont
Drunk driving or driving while intoxicated (DWI) is a serious offense in Vermont that requires the legal guidance of experienced Burlington DWI attorneys.  The magnitude of damage a drunk driver can cause is enormous.  DWI sentences in Vermont were developed according to the number of DWI offenses the individual has committed.  In addition to a fine, jail time and a license suspension, DWI penalties can include community service, DWI surcharges, educational driving and alcohol addiction classes, and a vehicle interlock system.
For first time DWI offenders, the individual can expect a jail term of up to two years, a fine up to $750, and a 90-day license suspension. A first time DI offense is considered a misdemeanor.
Second time DWI offenders can also expect a jail term of up to two years, a fine up to $1,500, and an 18-month license suspension.  A second time DWI offense is also considered a misdemeanor.
Third and fourth time DWI offenders may receive a jail term of up to five years and a fine up to $2,500.  However, a third time DWI offender may have his or her license suspended for life with a possible reinstatement after three years.

A fourth time DWI offender will have their license suspended for life. A third and fourth time DWI offense is a felony.
If a DWI resulted in a fatality or serious bodily injury, an individual will receive up to 15 years in jail.  A fine of up to $5,000 if the victim is seriously injured can be incurred.  If the DWI caused a death, the fine can reach $10,000.  A DWI that results in a fatality or serious injury is a felony and comes with a license suspension of up to one year.

Contact Burlington criminal defense attorneys from the law firm of Bergenron Paradis & Fitzpatrick today by calling 802-316-4318 or by submitting our online contact form.

The majority of personal injury in Hawaii involve some form of physical pain. If you are injured because of a negligent person, you may be able to file a personal injury lawsuit in Hawaii. In some cases, physical injury is not required for you to file a claim.

Negligent infliction of emotional distress (NIED)

Negligent infliction of emotional distress (NIED) is based on the concept that an individual has a legal duty to not cause emotional distress.  While California was the first state to allow compensation for emotional distress alone, the Supreme Court of Hawaii is credited with the introduction of negligent infliction emotional distress as a separate tort. If you believe that you are a victim of NIED, contact an attorney who is experienced in personal injury lawsuits in Hawaii.

Examples of NIED include the following:

• A funeral home that wrongfully disposes of a body
• The negligent and incorrect diagnosis of a sexually transmitted disease that causes the breakup of a marriage
• A plaintiff who witnesses the death of loved one at close distance
• In the case of Rodriguez v. State, the plaintiffs claimed they suffered emotional distress as a result of flood damage to their home

The zone of danger

This term refers to the area of peril created by the negligent action of another person. You may be able to file a Hawaii injury lawsuit if you were in the zone of danger as a result of another party.

For your zone of danger claim to be credible, the following elements must exist:

• The defendant put you in danger of injury or death through their negligence
• You were aware of the death or injury of an immediate family member
• You show signs of emotional or physical injury as a result of witnessing the accident

If you were injured in any way as the result of another person’s negligent action, contact The Law Offices of Michael Jay Green today for help with your Hawaii injury lawsuit.

The police must respect your rights.  If he or she does not, then it can harm the prosecution’s case.  You should be aware of your rights and what to do if the police try to detain you in Vermont.  If your rights are violated, you and your Burlington criminal defense lawyer can file a complaint against the police officer.

Your Rights if a Police Officer in Vermont detains You

• You have the right to remain silent.

• You have the right to ask to speak to an attorney.

• You have the right to ask for an attorney to be present during questioning.

• If you cannot afford an attorney, you must be provided one.

• You have the right to offer your name, address, and identification only.

• You have the right to ask why you are being detained.

• You have the right to not offer any information or express guilt of any kind.  Anything you say or do can be used against you in court.

• You can refuse to be searched other than a pat down if it seems like you are concealing a weapon.

If you are Detained do not

• Run or drive away if the police approach or detain you;

• Threaten, bribe, or yell at the police officer;

• Make any quick hand movements;

• Get out of your car unless you are asked to;

• Complain about the police officer’s actions;

• Admit anything about the situation; and

• Say anything without an attorney present.

How a Criminal Defense Attorney can Help

If you remember your rights and things to avoid if detained by the police, your criminal law firm will have a better chance to create a strategy to maintain your freedom.

For seasoned legal representation, contact the Burlington criminal defense attorneys at Bergeron, Paradis & Fitzpatrick.  Contact our criminal law firm today for a consultation and to understand how we can help you at 802-316-4318.  We conveniently have offices located in Burlington and Essex Vermont.

If you have been charged of a criminal law in Austin, it is best you seek out the legal expertise of an Austin criminal lawyer.  Having seasoned legal representation may just save you from the many pitfalls in criminal defense and should be able to navigate around all of the laws applying to criminal defense.  Like all areas of law, criminal law is always evolving.  Below are some of the more recent changes that could affect the outcome of your case and that your Austin criminal defense attorney should be aware of.

Driving Laws

• HB 55:  It is unlawful for drivers under the age of 18 to use a cellular device or wireless communication while driving.
• HB 55:  It is unlawful to  use a cellular device or wireless communication tool in school zones unless parked or the device is hands-free.
• HB 328:  A minor convicted of  operating water vehicles will have  their drivers license suspended.
• HB 2730:  Driving with a child in the car while intoxicated will result in dramatically increased penalties.
• HB 2012:  Driving with a suspended license and without insurance makes you subject to a Class B. misdemeanor.
  • If one is injured in the accident, you are now subject to a Class A misdemeanor

• HB 2730:  Has increased the fines for parking violations at the state level from $10 to $25, and increases the late fee from $2 to $5.

Sex Crime Law

• SB 689:  Registered sex offender’s are restricted to use on the internet.

Other Criminal Laws

• HB 358:  Computer chips from gambling machines, but not the actual machines may be saved by law enforcement.

For an experienced Austin criminal attorney, call Lawyer Kris Davis Jones at 888.645.3984 today for a consultation

Although a felony & misdemeanor can vary from state to state, it can be said that a misdemeanor has a maximum length of time an individual can be incarcerated for a crime.  Normally, this is limited to a year.  A felony is defined as “a crime punishable by death or imprisonment in excess of one year” by the U. S. Federal government. Another generalization that can be made is that any crime is a misdemeanor by nature.

Due to the more severe nature of a felony, most of the time a conviction can limit one from working for public law enforcement bodies such as military branches.  A felony conviction may also forbid one from getting needed security clearance for jobs in the private sector.  There are exceptions to this for minors who commit felonies and are able to exhibit a changed behavior.   Misdemeanors, on the other hand do not cause such limitations and have the possibilities to have the record expunged.

There are certain sexual assault crimes that will prohibit you from employment in certain fields.  For example, if one must become a registered sex offender, one cannot teach or be employed in a field that allows for regular contact with children.

Some common felonies include:

• Aggravated assault
• Battery
• Arson
• Burglary
• Illegal drug Use & drug offenses
• Grand Theft
• Robbery
• Rape
• Vandalism on federal property

Common misdemeanors include

• DWI/DUI
• Petty theft
• Prostitution
• Public intoxication
• Simple assault
• Disorderly conduct
• Vandalism
• Drug possession
• Reckless driving

If you are facing criminal charges in Texas, contact Williamson County Texas attorney, Bill White today.  He has been representing clients in felonies & misdemeanors for over 30 years.

Spence A. Singleton

Founding Partner
Phone: (866) 604-9720

Statement of practice

Spence A. Singleton is a respected member of his community in Eclectic, Alabama, where he serves as the City Attorney.  His reputation is the reason why he maintains an active criminal law practice and serves as general corporate counsel to several corporations.  Recognized for his legal ability and active interest in the municipality, Spence is known in Eclectic as the attorney to turn to in times of trouble.

People rely on Spence A. Singleton because they know of his legal experience.  He began his legal career as the Confidential Assistant to Attorney General James H. Evans; from 1991 to 1994, Spence worked on special projects in the Alabama Legislature.  In 1995, armed with a license to practice in state and appellate courts,  Spence entered private practice, where he represented a number of real estate developers and industrial clients in a range of litigation and professional transactions.  Finally, in 2008, Spence A. Singleton achieved a personal ambition and opened his private practice in Eclectic, Alabama.

Spence practices criminal law, domestic relations law, business law, and real estate law.  He is a member in good standing with the state bar of Alabama, the Montgomery County Bar Association, the Elmore County Bar Association, and the Alabama Defense Lawyers Association.  Also, our services include estate planning, wills, and representation in divorce,  drunk driving, and probate law cases.


Singleton & Associates, LLC Attorneys at Law
21 Kowaliga Road,
Eclectic, Alabama 36024
334-577-4138
Auburn Divorce Lawyer
Criminal defense attorney in Montgomery

If you are stopped for suspicion of DUI in Ohio, police officers will conduct breathalyzer and other field sobriety tests.  If you are intoxicated, you are subject to an Administrative License Suspension, and an officer can immediately suspend your license, and remove it from you.  If you refuse field sobriety testing in Ohio, your driver’s license is automatically suspended.

With each subsequent Ohio DUI conviction, the penalties* become stiffer: You could spend up to a year in jail, lose your car; have your license permanently revoked; and be fined up to $10,000.

1st Offense

• Administrative License Suspension (ALS) for a prohibited BAC
• ALS for test refusal = one year license suspension
• Jail – Minimum of three consecutive days or 3-day driver intervention program
• Fine – Minimum $200 and not more than $1,000
• Court License Suspension – 6 months to 3 years

2nd Offense

• ALS for one year for a prohibited BAC
• ALS for test refusal = two year license suspension
• Jail :Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months
• Fine – Minimum $300 and not more than $1,500
• Discretionary driver’s intervention program
• Vehicle immobilization and plates impounded for 90 days
• Court License Suspension – 1 year to 5 years

3rd Offense

• ALS for two years for a prohibited BAC
• ALS for test refusal = three year license suspension
• Jail – Minimum 30 days to one year
• Alternative sentence – 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year
• Fine – Minimum $500 and not more than $2,500
• Mandatory attendance in an alcohol treatment program paid for by offender
• Vehicle immobilization and plates impounded for 180 days
• Court License Suspension – 1 year to 10 years

Four or More Offenses

• ALS for three years for a prohibited BAC
• ALS for test refusal = five years license suspension
• Minimum of 60 consecutive days and up to one year in jail
• Fine – Minimum $750 and not more than $10,000
• Mandatory drug/alcohol treatment program paid for by offender
• Vehicle Forfeiture – Mandatory criminal forfeiture of vehicle operated by offender, imposed by court
• Court License Suspension – 3 years to Permanent Revocation

Vehicle Forfeiture

You will permanently forfeit your vehicle, by order of the court for:

• 3rd DUI offense within six years
• 3rd offense or more of Driving under FRA suspension within five years
• 2nd offense of a vehicle owner knowingly permitting a person whose license is suspended to drive their vehicle
• 1st offense of driving a vehicle that is immobilized with license plates impounded

* These are general provisions.  Each city within Ohio has its own code and penalty provisions.  The Ohio State Legislature has made many changes to Ohio criminal law of late, and continues to make changes regularly.

This is the season for DUI checkpoints in Pennsylvania.  In fact, you may even notice that checkpoint announcements might pop up in your local paper or online news source.  People are often surprised by this and wonder, “Why on earth would the police give the public advance warning of an upcoming DUI checkpoint?”

The answer is that they are required by law to do so.  The Pennsylvania courts have held that in order for a DUI sobriety checkpoint to be legal, there must, among other requirements, be advance notice of the checkpoint to the public.  You might ask whether this defeats the purpose of catching drunken drivers in the act.  But this notice requirements has at least two reasons behind it:

• It lessens the intrusive nature of allowing agents of the government to detain and question people without any evidence that they have committed any crimes.  After all, in almost any other scenario in the U.S., the cops are not allowed to restrict your liberty without probable cause.
• Some police officials support the policy of advance notice because of its deterrent effect.  People may be less likely to drive while impaired if they know they might run into a sobriety checkpoint.

Pennsylvania DUI Attorney Richard Emhof has the experience and knowledge to achieve the best possible result in your case.  Contact us today online or call 1-866-457-9957 for a free initial consultation.

If you are arrested for drunk driving, the officer will ask you to submit to a test to determine the amount of alcohol in your system. Most officers will ask you to submit to a breath test. If the officers suspect you may be under the influence of drugs you will be asked to provide a urine sample. If there is an accident and you are taken to the hospital the officers will ask the hospital personnel to take a sample of your blood for testing.

In most instances, you have a right to refuse this test. However, if you refuse the test your license will be placed under an Administrative License Suspension for one year for the first refusal. The length of this suspension increases with the number of prior refusals on your record. An OVI lawyer can get driving privileges for you during this period.

The officers are required to read form 2255 to you. This form explains the various consequences of refusing to take the test. Unfortunately, most people are intimidated by the police and submit to the test. Officers want the test results since this is a valuable peace of evidence the prosecutor will use to convict offender.

If you find yourself in a situation where you are being investigated for driving under the influence, you should immediately contact a criminal defense attorney. The best time to talk with criminal attorney is at the time of your arrest before you have taken any tests, including the field sobriety tests administered at the time of the stop.

An experienced Ohio OVI attorney can advise you whether you should submit to the tests, and whether you should make any statements to the officer. In most cases, the officer is going to error on the side of arresting a person suspected of drunk driving. By refusing to take the field sobriety tests and answering questions, which are intended to incriminate you, you make it more difficult for the prosecutor to convict you.

There is no penalty for refusing to take the field sobriety test or refusing to answer the officer’s questions. The only thing you must provide is your driver’s license, proof of insurance, and registration for the vehicle.

A conviction for driving under the influence has serious consequences including jail time, substantial fines, points on your license, suspension of your driving privileges and possible cancellation of your insurance and loss of job.

The best advice is to contact an experienced DUI attorney in Ohio  immediately if you are suspected or have been arrested for driving under the influence of alcohol.

As a reminder of the possible tragic consequences of driving an automobile while impaired by drugs or alcohol, the Pennsylvania DUI Association conducted its annual Remembrance Ceremony in Harrisburg on Thursday, December 17, 2009.

This ceremony has been taking place every year since 2004 at the Association’s DUI Memorial Victims Garden. This year, the names of 105 more victims were added to the memorial. Their names were engraved on bricks and will be a part of the memorial garden.

For more information on the event, visit the Pennsylvania DUI Association’s website at http://www.padui.org/special_events.htm.

Pennsylvania DUI Lawyer Richard Emhof handles all aspects of DUI cases, focusing on maintaining his clients’ driving privileges, employment and piece of mind. If you need the services of an experienced DUI attorney in Pennsylvania, call toll free at 1-866-457-9957 or contact us online for a free initial consultation.