I hope you’ve been enjoying my posts lately. I thought I might do something different today and rustle up a few bits of info from around the WWW. These are some of the news items and blog posts that have been popular over the last few weeks. Leave me your thoughts.

Mighty Drunken Power Ranger Busted for DUI

The guy who played the Black Ranger on "The Mighty Morphin' Power Rangers" TV show was busted in 'Bama for DUI this weekend. …  Read More…

Felton Man Arrested for 6th DUI Offense

A 42-year-old Felton man is behind bars after Harrington police arrested him over last weekend for his sixth DUI offense. According to police, on Saturday, …  Read More…

Nassau County 18-year-old charged with DUI manslaughter

24 accident in Nassau County has been charged with DUI manslaughter, according to the Florida Highway Patrol. Jonathan L. Benischeck of Bryceville was …  Read More…
That’s all the news for today guys, so until next time, thanks for stopping by.

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If you’re facing a charge of driving under the influence of alcohol or another controlled substance, you may be asking a common question? Is DUI a felony?

This answer is not so simple, since DUI laws vary from one jurisdiction to another. In general, DUI cases are handled in state superior court, and each state has its own laws that govern DUI. In general though, a first time DUI is a misdemeanor, with a few caveats.

First, even a first time DUI will usually be raised to a felony if someone was injured as a result of a drunk driver, or if there are grounds for believing that the driver was negligent or reckless in addition to being impaired by alcohol.

In the case of serious injury, a DUI is often charged as a felony called vehicular assault. If someone is killed a result of the drunk driving episode, the at-fault driver will likely be charged with felony vehicular manslaughter, or in some cases vehicular homicide, which carries a higher sentence if the defendant is convicted.

Another way that DUI is raised to a felony instead of a misdemeanor is when a driver has multiple DUI convictions. This varies by state, but DUI is commonly raised to a felony on the 4th DUI conviction. However, in some states even a 2nd or 3rd DUI arrest may be charged as a felony.

In some cases, blood alcohol level may also impact whether DUI is charged as a misdemeanor or a felony. In most states, the legal blood alcohol limit is .08. If blood alcohol level is considerably above the legal limit, the prosecutor may take this into account as evidence of negligence. Presumably someone who is severely impaired as a result of a very high alcohol intake should know that driving in such an impaired state is likely to result in serious harm to others.

With all of this information about when DUI becomes a felony, it may be helpful to define exactly what the terms “misdemeanor” and “felony” mean. In general terms, a misdemeanor is a crime punishable by up to one year in county jail. A felony, on the other hand, is punishable by one year or more in state prison.

The difference between a misdemeanor and a felony may come into play when applying for a job, housing, or even credit in some cases. Some employers, landlords, and lenders may be willing to do business with someone with what is a considered a “minor” misdemeanor conviction, but would eliminate anyone with a felony conviction on record.

If you are facing DUI charges, the best approach is to talk to a competent attorney who specializes in DUI cases. A lawyer trained to handle DUI cases in the jurisdiction where the incident occurred can provide you with clear information about whether or not the particular circumstances of a DUI will result in felony charges.

In short, there is no one answer to the question “Is DUI a felony.” The only way to know for sure is to read the DUI charging documents, or ask a qualified lawyer to interpret them for you.

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How to look for a good DUI lawyer in Virginia (Hampton Roads)?

Anyone in VA know of any good DUI lawyers? I'm looking for one with experience.

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Hey Readers! I’ve been comin across some crazy stuff the past few days from a few different blogs around the web which I just had to share with you. Check em out below…

Carmel police officer named best DUI enforcer in Monterey County

Avoid the 18, Monterey County's drunk driving crackdown, named Officer Chris Johnson of the Carmel police the best DUI enforcer in the county at a training … Read More…

Corrupt FL cops conspire to frame woman for DUI

Alexandra Torrensvilas was the target of cops who pinned a DUI on her for an accident they caused. Now she has been cleared of charges after the Broward … Read More…

DUI: Athletes & Alcohol

In fact, DUI cases involing high profile figures such as athletes tend to draw high interest from the general public. “(Celebrities) get lots of notoriety … Read More…
That’s all the news for today guys, so until next time, thanks for stopping by.

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Have you been arrested for drinking and driving and you want to know whether or not you are going to be charged with a felony? What could happen if this ends up being a felony? There are some things you need to consider and know before you answer the question, is a DUI a felony? Here is what you must know in order to answer this question.

First off, not all DUIs are felonies. They always start as a felony or a very high class misdemeanor, but that is not what you normally end up pleading to. When you are charged and you hire a lawyer they will counsel you in the right direction to get you the minimum penalties for your crime. This is what you need to begin with the answer to, is a DUI a felony?

Second, when you ask the question, is a DUI a felony, you have to understand the other charges that are going along with your arrest. There is usually some type of traffic violation, a charge for how high your blew on the breath test or for not blowing at all, and the actual DUI. This gives the lawyer room to negotiate for you and try to get you to plead to one of the lesser charges or to a lesser DUI charge.

Last, if you end up having to accept the DUI as a felony you will have to serve jail time and it could be as much as 5 years. You should also know that if it is not your first DUI there are stricter penalties and this is when it could really end up being a felony. This is exactly what you do not want so make sure you get yourself a great lawyer to help you out.

Click Here Now to discover the Best DUI Lawyer in your area!

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How To Find A Good Dui Attorney In Orange County

Anyone charged with drunk driving or any driving under the influence related offense in Orange County, California is facing the loss of their driving privileges, fines and possibly prison time. DUI charges are very serious. If you or a loved one is facing any kind of DUI charge, there are steps you can take to protect your freedom and driving privileges. The decision you make now can have a detrimental affect on the rest of your life. Hiring a qualified Orange County DUI attorney will make sure your rights are preserved and that your receive proper legal counsel. Use the following tips to help you find a good DUI attorney in Orange County.

When selecting a lawyer, use the resources you have at hand such as friends and family. They may be able to give you a recommendation. Phone books are another resource, but remember the largest ad does not mean the best attorney. Always check the lawyer’s website for specific information about that lawyer.
Do some research. You want a lawyer with DUI expertise and experience. The local library should have a copy of the Martindale Hubbell Law Directory. The Directory lists every attorney in the United States along with each lawyer’s standing with the California State Bar.

Have a face-to-face meeting with any prospective OC DUI lawyer. An in person meeting will help you determine if you feel comfortable with them. It also helps the attorney decide if they feel comfortable with you and want to take on your case. Trust your instincts, if you do not feel comfortable after the initial meeting then move on to another attorney. The attorney client relationship is very personal; you want someone you feel comfortable with.

During the consultation meeting with each prospective attorney, be prepared with a list of questions to ask. Below are a few suggestions:

1) How many DUI trials have you done in Orange County in the past year? If your case goes to trial, you want an attorney who has taken a case to court recently.

2) How many active cases do you currently carry? You do not want an attorney who is overextended and unable to give your case the focus and attention you want.

3) How many Orange County DUI cases have you handled in the past year? You want an
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attorney who is current with the most recent DUI laws.

4) What was the outcome of the cases? You want to know their track record and you want to make sure they do not plead every case. If your case goes to trial, you want to make sure your attorney is prepared and willing to go to trial.

5) Will the attorney you are meeting with be the one handling your case or will another attorney in the firm be the primary attorney? In some large firms, the attorney you consulted with may not be the one actually doing the majority of the work on your case. It is best to find out from the beginning who will be handling your case.

6) How will they keep you informed about the case? Will you be e-mailed, phoned, or mailed?

7) How quickly do they respond to phone calls and emails?

How do you reach them after normal business hours?

It is very important to understand how you will be charged for the attorney’s services. It is common for attorneys to charge by the hour or a flat-fee for DUI representation in Orange County, California.

For a flat-fee agreement:

1) Get a list of everything that is covered and anything that is not covered under the flat-fee agreement.

2) Does the flat-fee agreement cover taking your case to trial?

For an hourly rate, you will want to ask these additional questions:

1) What is the hourly rate?

2) What are the minimum billing increments?

3) Do they charge for every phone call, email and letter?

4) Ask for an estimate of the number of hours the case will take?

5) What other expenses might you incur?

6) What if the case takes longer than expected?

The Law Offices of Coffey & Coffey can assist you with understanding any DUI charge, your rights and options. Their website located here, Orange County DUI Attorney, is a premier resource for Orange County drivers seeking information and guidance concerning DUI cases.

By: Law Office of Coffey & Coffey

Article Directory: http://www.articledashboard.com

The Law Office of Coffey & Coffey has Orange County, CA DUI defense lawyers that practices exclusively in OC drunk driving defence cases in California courts and at the DMV hearing. We offer a website that is full of useful information for those arrested for driving under the influence and a free consultation so you can speak to an attorney about your case.

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Driving on a Suspended License after DUI in Orange County,CA?

3 years ago I got charged with DUI and driving without a license. I went in front of a judge, paid all my fines, took the classes and learned my lesson. I still however don't have a driver's license and hadn't been driving but a month ago I had to drive 3 nights and was pulled over one of them. My DUI probation wasn't up until august this year so they impounded my car and gave me a citation for driving under a suspended license and I have to appear in court next week (to the window, clerk? in front of a judge?) What are the chances of me being put in jail? I don't have money for an attorney so what can I do? can I go to the court without one or is that too risky?

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Arrested For Dui – What Should I Do?

If you find yourself arrested for Driving Under the Influence of Alcohol (DUI) in the State of Arizona, and you have submitted to a breath, blood, or urine test, and the results of the test reveal a blood/breath alcohol result of .08% or higher, or you have refused these tests, you can expect to be involved in two separate legal proceedings.

1. A criminal proceeding in court
2. A civil proceeding with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license.

These two proceedings are mutually exclusive; the outcome of one will not affect the other. You could win both matters or lose both matters. How the MVD driver license hearing is handled is extremely important.

Your DUI arrest begins your criminal proceeding. The consequences of this — plea of guilty, or a verdict of guilty following a jury or bench trial — could result in mandatory jail time, fines, fees and assessments, supervised or unsupervised probation, as well as a criminal record. The civil proceeding is conducted before an administrative hearing officer at the MVD. This proceeding deals with a possible suspension of your driver’s license, or if from out of state, your privilege to drive in Arizona. The arresting police officer will serve you with a “Notice of Suspension.” If you have been arrested in Arizona for DUI and you take a breath, blood or urine test, and the results measured a alcohol concentration of .08% or more within 2 hours of driving, or you refuse to take the blood, breath or other chemical test, the arresting police will serve you with a 90 day driver license suspension notice, or in the case of refusal, a 12 month driver license or driving privilege suspension. The police should give you two copies of this form.

If your test results indicate a result of .08% or higher, the police will seize your Arizona driver license, and issue you a temporary license which is valid for 15 days, or, if you request a hearing within the 15 day window, until the hearing is conducted and the outcome determined. Since the police confiscated your driver license, the yellow copy of the suspension notice is your temporary driver license.

If you are from out of state, the police cannot sei
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ze your driver license. They will serve you with a notice of suspension of your privilege to drive in Arizona. The suspension will take effect 15 days after service unless you request a hearing within the 15 days. If a hearing is requested, your privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined.

If you refused to take the breath, blood or urine test, the police will serve you a notice of a 12-month suspension of your driver license, or privilege to drive if you are from out of state. This suspension becomes effective 15 days from the date of service unless you request a hearing. If a hearing is requested your driver license or privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. If your refused to take a breath, blood or urine test, it is likely that the police obtained a search warrant and obtained your blood anyway. If this is the case, your driver license or privilege to drive will still be suspended for 12 months even though the police obtained your blood through the use of a search warrant.

A request for hearing must be submitted in writing to the MVD. Generally, the pink copy of suspension form, furnished by the police, is used to request this hearing. It is important to fill out the information completely and accurately on the back of the pink form. You must check the box indicating you are requesting an Administrative Hearing and mail it, within 15 days of service to you by the police, to: Arizona Department of Transportation, Executive Hearing Office, Mail Drop 507M, P.O. Box 2100, Phoenix, AZ 85001-2100. Do not select Summary Review; this will not get you a hearing, but merely a review of the paperwork submitted by the police.

In the criminal case, if you plead guilty to the charge of DUI, or if you are found guilty, you will be sentenced in accordance within the present Arizona DUI sentencing guidelines. When the State receives notification of the verdict, your driver license will be suspended for 90 days. However, if you are a first offender, or you have had no DUI convictions within the past five years, and if you took the breath, blood or other required test, and if you have been found guilty in the criminal proceeding, or you feel that such a result is likely, then you may wish to agree to a suspension of your driver license prior to or at the MVD hearing.

Agreeing to the suspension will entitle you to a 60 day restricted driving permit following a 30 day suspension. The suspension is still classified as a 90 day suspension. To obtain the restricted driving permit, you must apply at a local MVD office following the first 30 days of the suspension. Agreeing to the suspension will generally resolve the civil proceeding sooner and oftentimes well before the resolution of your Criminal matter in court. This is advantageous as you get the suspension over with sooner and under less onerous circumstances. Agreeing to the suspension will generally result in no further suspension of your driver license if you later plead or are found guilty of your DUI in court. In the case of a stipulated suspension from MVD, there will be no requirement that you post proof of Financial Responsibility before your Arizona driver license or privilege is reinstated. Agreeing to the suspension will allow you to select the day you want your suspension to begin, so long as the suspension start date is within 45 days of your MVD hearing date. This allows flexibility in arranging transportation to work or school during the initial 30 days of the suspension. NOTE: If you request a hearing and actually go through with it and lose, the only difference is that your will not be able to choose the day the suspension begins. You should still be eligible for the 30 day driver license suspension followed by the 60 day restricted driving permit.

If you agree to the suspension, you do not get a hearing with the administrative law judge. You do not get to challenge th
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e police officers or contest the evidence in the civil hearing. Sometimes this hearing may be important to gather critical evidence in your DUI case. However, this decision should not be made without first discussing your DUI case and individual circumstances with an experienced DUI defense attorney.

If you have the Administrative Hearing and win, and later lose your DUI case, either through a plea or finding of guilty at trial, MVD will suspend your driver license for 90 consecutive days. There is no eligibility for a restricted driving permit following the first 30 days of the suspension. Further, if you are convicted either through a plea or finding of guilty in court you will be required to provide proof of financial responsibility (insurance) for three years by filing with the State of Arizona either a $40,000 cash deposit, or Certificates of Deposit (CD’s) totaling $40,000 or a Certificate of Insurance (SR22). This Financial Responsibility requirement could have significant cost implications for you, depending upon your selection of acceptable Financial Responsibility filings and/or your insurance carrier’s underwriting requirements.

By: Cooper Hill

Article Directory: http://www.articledashboard.com

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