ARKANSAS PRISON IS USING PSYCHIATRIC TEST TO DETERMINE FUTURE CRIMINAL RISK. Interesting, eery, or hokus-pokus?
Friday, February 20, 2015
Wednesday, February 18, 2015
We help clients that have been charged with multiple DUI offenses. If you received a DUI a couple of years ago and are now facing a second charge or worse a third – you need an attorney, and you need one fast. This is not a simple matter, and the court will not view it as such. Drinking and driving comes with serious repercussions, making it critical to have the charges reduced whenever possible. This is why we warn even first-time offenders that it is important to fight to get the charges dropped or reduced, rather than to allow for a conviction. Keep in mind that a conviction stays on your record for ten years so you only have to mess up twice in ten years, to face serious penalties in the state of California.
Here is what you need to know:
A second conviction is no laughing matter. If you are convicted again, you will have at least a one-year license suspension and in order to get down to one year, you will have to undergo an alcohol-treatment program. Otherwise, you could face a two-year suspension and regardless, you will be restricted in where you can drive for a period of time. This is where we, as an attorney, can help by trying to get the court to agree to allow you to drive to enough locations that you can continue to meet your obligations, especially if you are a parent.
If you are convicted a second time you will also be required to install an interlock device on your vehicle which will make it so your BAC levels are tested before the car can start, making it extremely difficult to drive while intoxicated. You will also be required to spend at least ten days in jail and pay a fine. Life with multiple DUI offenses is not exactly simple.
If you are convicted for a third time, the penalties only escalate. At minimum you will be forced to spend 120 days in jail which will hinder your ability to maintain employment, continue paying your bills (since most people don’t have three plus months of savings), and caring for your children. A jail sentence of this kind can ruin, at least temporarily, someone’s life. In addition to spending time in jail, once released, you will be unable to drive for three years and will need to go through a thirty-month program before you are allowed to drive again.
As a lawyer representing those with multiple DUI offenses, we want to point out that the penalties listed above are the minimum penalties. It can actually be much worse. For example, a third conviction can come with up to ten years in jail, rather than 120 days, and that is why you need a good attorney to fight on your behalf. If you have been arrested for a DUI, we recommend calling our office immediately so that we can begin gathering evidence that can be used to demonstrate your innocence, get the charges reduced, or help to receive the lightest sentence possible upon conviction.
Posted by Jeffrey Kent at 3:13 PM
Labels: Multiple DUI Offenses
Tuesday, February 17, 2015
Tuesday, February 10, 2015
Monday, February 9, 2015
Saturday, February 7, 2015
Thursday, February 5, 2015
Tuesday, February 3, 2015
It has been all over the news and as a Fullerton lawyer, we have gotten questions about what marijuana legalization means both in general and specifically for drivers. Many states have now passed bills legalizing marijuana either for medical or recreational use and the majority of those who haven’t, will be hearing bills in the general assembly to address the issue this year. This understandably creates a lot of uncertainty and concern for those who do not use or advocate the use of, marijuana or other drugs. Several of our clients have expressed concern over their own safety on the road as the risk for people driving under the influence is potentially increased.
Here is what you need to know:
There are two sides to this argument with many in the pro-marijuana camp claiming that it does not create any impairment that would affect drivers. Many scientists, however, disagree with that assessment citing studies that have been conducted regarding the impact of marijuana, in general. The University of Washington, for example, published information regarding some studies that were conducted both in the lab and in simulations. Given the potential dangerous nature of giving people marijuana and putting them on the road, studies have been confined to simulations for safety sake. Citing the results of these studies, the UW said that marijuana clearly had a negative impact on a person’s ability to react quickly, make decisions and have good hand-eye coordination. It stands to reason that we can apply the known impacts of using marijuana to the skills necessary for driving and conclude that driving under the influence of marijuana is simply not safe.
Why isn’t it safe?
As a Fullerton lawyer, I speak with a lot of people after they have been injured in a car accident. It is common to hear that "I didn’t see the other car in time" or "I couldn’t stop or swerve in time to get out of the way". Driving is often about timing. If you can see and react quickly, you can often prevent or avoid an accident. In order to do so the mind has to be sharp and able to process information in split seconds. A delay of any length can increase the likelihood of an accident taking place. This is similar to why people shouldn’t drink and drive. Consuming alcohol and getting behind the wheel can be dangerous for the same delay in reaction times and hindered observation skills.
If you are concerned that someone driving near you is intoxicated, get behind them and put enough distance in between you, so that you can stop or slow down if they start to behave erratically. You can also call the State Patrol to report them.
Simultaneously, as a Fullerton lawyer, I do represent those that have gotten behind the wheel while intoxicated. It is important to note that even if marijuana is legal for medical use or you have a recreation use card from a state like Colorado or Washington, this does not mean you can drive after using it. If you cause an accident and the officer finds that you were using drugs, you could find yourself in jail and in need of an attorney. If so, give us a call.
Posted by Jeffrey Kent at 10:17 AM
Labels: Fullerton Lawyer