Posts Tagged ‘Consequences’

Have you been charged with a DUI (Driving Under the Influence) while driving in California? Or is it a friend or a loved one facing the charge? If you, or anyone immediately close to you, has received a DUI in California, then there are a number of things which you need to be aware of in order to ensure that the situation is resolved in the best fashion possible.

First, you need to be aware that there are a variety of serious consequences associated with getting a DUI, and some of them can last for a long time. These consequences can often include fine, prison, probation, and even driving prohibitions.

The second thing that you need to be aware of is that the laws surrounding a DUI in California are both complex and difficult to understand, and that the slightest misstep within the system can make the associated penalties far worse than they need to be. Finding and hiring a lawyer who is experienced in California DUI law is absolutely essential to ensure that this process is as painless and straightforward for you as possible.

The specific penalties that can be rendered against you as a result of receiving a DUI in California are a $1,300 fine, up to three years of informal probation, 3-5 days of community service/sheriff work, compulsory attendance to a First Offender School, and a six month license suspension. At the discretion of a judge, a DUI-charged offender may even be required to stay in jail for 48 hours. However, there are additional difficulties involved in the DUI process.

Due to a variety of form complications between the DMV (Department of Motor Vehicles) and the California court system, it is very difficult to effectively reduce the severity of penalties affiliated with receiving a DUI. Broadly, what this means is that while having your DUI reduced to a “wet reckless” charge, the DMV does not provide the forms which will allow you to bypass some of their penalties. However, if you hire a lawyer, they will be able to work through this system and ensure that your penalties are reduced as much as possible.

Should you or your loved one receive a second DUI in the state of California, the penalties grow much more severe: a full two year loss of the California Driver’s License, a compulsory 18-month attendance in DUI school, three to five years of formal probation, fine as high as $2,800, and a mandatory jail time of 96 hours. A third DUI results in a similar scaling of penalties.

Regardless of whether you are looking at a trial date for your first or your fourth DUI, which can result in a felony DUI conviction, you should immediately begin looking for an attorney. Should you fail to represent yourselves effectively in court not having a lawyer, the repercussions can be quite severe and amount to the loss of driving capabilities. This loss can occur regardless of whether or not one’s livelihood is dependent upon one’s ability to drive, so make sure to seek out proper and effective representation for all matters relating to a DUI.

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With needing a DUI attorney most likely something has happened in your life that you might now regret. This is a rough time for many people as they feel that this type of resulting legal activity could put a bad nature on their persona. DUI attorneys are there to help in situations like this, and they have their clients best interests in mind. Having a few drinks should not have to be an experience that you do not want to do this because of the consequences. Thinking responsibly is everybodys duty but when individuals do the wrong thing there are attorneys that have the expertise in the laws that are used in this process to take care of it all as much as possible.

Finding a DUI lawyer in your region can be as easy as using a few good search words and the Internet. There you will find a host of websites dedicated to different attorneys and what their specialties are; and you need to find one in your area that has extensive experience with DUI cases. There are some steps you will have to take a when you find this person to represent you and the first would be to have an initial consultation with him or her. At this meeting you should divulge any information that you remember about the incident and also be ready to answer questions that the attorneys will have for you also. This is the start of the process and your relationship with the DUI attorney you have chosen. Making sure that you divulge everything that you know will be important to say the least. Without your full disclosure your DUI attorney will have a hard time representing you.

Taking some time to be proactive and arrange a ride for the times that you will know that alcohol will be involved will save you many hours of hassle and embarrassment along with hundreds if not thousands of dollars in fines and fees that will have to be paid for immediately. Although an attorney can help lower your punishment, lower fines and ensure that you have been treated according to the law, he or she very well may not be able to prevent the suspension of your drivers license, no matter how good they are or how experienced they may be.An experienced drunk driving lawyer may be able to negotiate the fairest terms possible for his or her client, but cannot ethically make any guarantees of acquittal or leniency for those who have been lawfully convicted. DUI lawyers are there to represent you and ensure that a fair process occurs and that there were no laws broken by law enforcement officials during the entire process.

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Being caught by the police for driving under the influence can have severe consequences. Receiving a felony DUI for being a repeated offender, takes a little bit more thinking on your part on what you need to do to change your lifestyle, before someone gets hurt. To have yourself defended in the right way will have you contacting a felony DUI attorney that is well versed in the laws in California and can ensure that a fair trial takes place.

Having a quality attorney in your corner during this situation can be very instrumental in not only receiving a fair trial but also keeping the penalties and fines down to the minimum amount required by law. There are deals struck every day in the court systems when it comes to felony court cases and especially felony DUI cases. Your representation should have the opportunity to talk with the states attorney that is prosecuting you in the case on behalf of the people of the state of California.

This is who will be prosecuting you and the one that decides your fate in this matter. Most of the states attorneys acting under the assumption of the law and the people, have individuals come in front of them that are habitual repeat offenders. Many of these individuals who assessed situations like these are not lenient with felony DUI offenders. Nobody, wants to put someone who will continually have the potential to harm other people out on the road and streets of our peaceful nation. Using a felony DUI lawyer in California to offset some of these penalties and ensure that you will receive the best options available for the situation you are in. Now, this could mean pleading guilty to the charges in front of you. This sometimes allows felony DUI attorneys to strike a deal with the states attorney on your case. It also means that there will be a conviction on your record of this happening and will not be removed.

Contacting a felony DUI attorney right after you have been released or during the mandatory time that you have to spend in jail when this happens or if you have prior knowledge of the attorney you will be using, will be something that must be done immediately. This is to make sure that your felony DUI attorney has the right information from you as his is still somewhat fresh in your mind. Many individuals forget what exactly happened as more time passes.

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This Season If You Drink, Drink Responsible – DUI Penalties are Harsh and Expensive

This Christmas Season if you drink, drink responsible.  Here at the theduidefenseattorneys.com we are committed in providing resources to help people drink responsibly.

Common DUI Penalties

In Tennessee driving under the influence has become a very common reason for which people gets arrested. It is such an offense that people don’t commit willingly. Still it has become one of the most known reasons for court appearance. If someone is convicted for driving under the influence he or she can expect many common DUI penalties.

Most of the penalties are not handed down by the judge. Many of the DUI penalties are written into Tennessee law. The person who arrests you can also act according to the law. If you drive frequently you must be aware of the consequences, driving under the influence can lead to.

Being caught for the first time can result in fine. First-time DUIs can also lead to license suspension. In most cases your license will be taken away when you are arrested by the officer. You will have to pay thousands of dollars as fine. A huge amount will be charged for giving back your license. Many states also have jail sentences for the first-time conviction. However for the first time you are going to be out on probation which is undoubtedly better than jail time. Harsher fines are there for people who repeat the offense. Repeat offenders can expect higher fines, jail times and longer license suspension. If you make the same mistake again and again you may loose your driving license for such careless acts.

Besides the levied fines there are other financial DUI penalties. These financial penalties not even include the fees that you need to pay in order to get back your license. When you get the license back you will have to reinstate your insurance and the sad news is that you can notice a high increase in your premiums. For example the amount can increase from $100 to $500 per month depending upon the policy of your insurance company. Other things that will be consider is the state you live in as well as the number of DUI charges filed against you. Some of the insurance company may even think of absolutely dropping your coverage. In that case you will have to find out an insurance company that offers coverage for high-risk drivers but it will charge high premiums.

Now let’s come to another point which is equally serious but often overlooked by drunk drivers. Most of the employers prefer to do a background check of the employees. If record shows that you have several DUI penalties there us no way your employer is going to be pleased. This reduces your chance of being hired. If you are working somewhere you will hardly be able to carry out the usual duties without the license. Finally if your job needs driving your company may fire you.

DUI Penalties in Tennessee is quite strict and the worst thing is that it can have negative influences on your personal life. You will no longer have the right to visit the bars or pubs at night. You can’t take your kids out without a driver. If you are a divorcee your ex-wife may take you to the court and reduce or even remove your parental rights. So the best thing to do is to avoid driving under the influence.

New York DUI Penalties

New York City DWI Defense Lawyer Discusses Recent Dismissal of Case and How the Police are Prosecuting DWI Cases

pr 27, 2010 – The case of People v. S.D. in New York County should simply not have been brought. The client was stopped at a checkpoint and asked if she had been drinking. She had not been. Nevertheless, the police officer in question asked her to step out of the car and take a breathelyzer. She complied. She was then placed under arrest. The officer than transported her to a police station where she was given another breathelyzer. The results of this test came back 0.0. This did not satisfy the police officer. He asked the client to take a urine test. Feeling uneasy, the client declined, and she was charged with DUI DWI.
“This is one of the most outlandish cases I have seen in my 10 years of practice.” Mr. Discioarro said. ” The client complied with all of the officers instructions, she was clearly sober and that did not satisfy this officer. This is how desperate the NYPD is in making DWI arrests. No one is safe from this kind of fraudulent police action.” He said.

Mr. Discioarro went on further to say that the political pressure on the police to make Drunk Driving arrests that they will simply make up facts and simply lie just to get an arrest. The numbers certainly bear that out. DWI arrests are up in the whole country and more and more people are being charged. Mr. Discioarro believes the trend will only get worse as politicians demand stiffer and stiffer penalties. The police really suffer no consequences as a result of a case being dismissed because they only report to the police supervisors and have no one from the DAs office asking them why they made such a bad arrest. A first time DWI arrest in New York can now cost upwards of $10,000.00 when all of the expenses are added in. That does not include the real possibility of jail time and loss of employment. Mr. Discioarro can be contacted at 917-519-8417 or by viewing http://www.newyorkcity-criminaldefense.com orhttp://www.dwistatenisland.com http://www.dwimanhattan.com