DUI Defense Attorney

Virginia Beach officer busted for DUI

Here’s a shout out to the Daily Press of Newport News, Virginia..
VIRGINIA BEACH — A police of

More on What’s Good or Bad in a Potential Juror

Following my post on the criminal executive departmentlawyer’sdream jurorcomes an Austin American Statesman article “Internet aids trial lawyers doing background checks on clients,jurors”. What caught my eye of note towards DWIdefense was this bit:

Sometimes the drunken-partyphotos are sufficient. Jurors whose Facebook page reveals a certainfondness for Sixth Street’s nightlife or appreciation of the localmusic scene tend to be sympathetic to her DUI clients, saidMary Ann Espiritu, anassociate with Chris Dorbandt & Associates.

Stories about the polity digging upinformation about criminal defendants and using their onlinepostings against them are becoming increasingly common.  Ofcourse, most of the time a organization attorney keeps or strikes ajuror because of something they posted to Facebook or on their blogno one will be the wiser.  Kudos to Eric Dexheimer of theStatesman for exploring this less publicized aspect of internetresearch and the law.

Child Arrested or Cited at Bonnaroo? Consult an Attorney

If your child has been cited or arrested while at Bonnaroo foradrug offense inTennesseeor other offense, thecriminaljuvenile defense attorneysat Baker Associates can help.

Every year, we defend children who have been charged with acrime while at Bonnaroo or traveling to or from the festival. Statetroopers and local law enforcement are everywhere stopping vehiclesand coercing children to allow them to search their vehicles. Whenthey find evidence such as drugs or drug paraphernalia, the officerthen either gives your child a citation or arrests him or her onthe spot. Children also get in remission for other offenses atBonnaroo just because they were in the vicinity of an allegedcrime.

The consequences of a criminal conviction can cause seriousmodify to your childs future. Not only is there potential fordetention and probation, but a conviction can jeopardize yourchilds qualification for admission into college and/or financialaid making.

Dont risk your childs chances, consult one of ourexperienced criminaldefense attorneys in Tennesseeat Baker Associates by calling866-853-2888. We have had considerable success in getting recordsexpunged, sentences reduced, and evidence thrown out based uponprinting of an unlawful search.

How To Write a Florida DUI Citation

DUI Not Guilty Plea For Wide Receiver Donte Stallworth

Not Guilty Plea to charges ofDUImanslaughterfor Donte Stallworth, wide earpiece for theCleveland Browns.

DUIdefense lawyerChristopher Lyons entered a not guilty plea at acourt hearing on Thursday on behalf of Stallworth. Stallworth, 28,who is out on $200,000 bail must not consume alcohol, cause, and isrequired to abide by a 12:00a.m.to 6:00 a.m. curfew, stated incourt documents.

Stallworth wasdrivingunder the influenceof potable on March 14 when he hitpedestrian Mario Reyes, 59, and killing him in Miami Beach.According to Stallworths blood test results, hisbloodalcohol levelwas .126. Stallworth was allegedly driving drunkat about 50 mph in a 40 mph zone.

If convicted of the DUI manslaughter cost Stallworth would becoating a maximum sentence of 15 years in prison. A date forexperiment has not been set.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person to drive a vehiclewhile under the influence of any kind of alcoholic beverage ordrug.

If you have 0.08 percent or more, by weight, blood alcoholconcentration, you will be supercharged with DUI or driving whileintoxicated if in remission. You may face a fine and jail time ifconvicted.

Stallworthpleads not guilty to charges, ESPN, June 4, 2009

Stallworthaerated in man’s death, ESPN Sports, April 2, 2009

Web Related Resources

California DMVguidelines about DUI

Bonnaroo: An Overview of Criminal Charges and Their Consequences

Every year, young people without criminal records go to Bonnaroosearch a good time only to have their future prospects diminishedbecause of a criminal citation or arrest. Once the person pleadsguilty, the consequences can be devastatingfrom jail time and finesto academic disqualification and financial aid ineligibility.

The common criminal charges and their statutory penalties are asfollows:

Simple Possession.A first time offense ofsimple possession of a controlled substance carries a sentence ofno more than a year and a $2,500 fine.Simple possession inTennesseetypically applies when you have been busted with onlya small amount of a restricted substance, such as marijuana orLSD.

Felony Drug Possession.Felony drug possessionis a more serious crime and penalties vary depending on the typeand amount of the controlled pith in your possession. For example,if you were found to possess between one-half ounce and ten poundsof marijuana, you could be aerated with a Class E felony, whichcarries between a 1 and 6 year prison sentence and/or a $3,000fine.

Drug Paraphernalia.Possession of drugparaphernalia is a Class A misdemeanor if the state can prove thatyou intended you use it to pack, store, arrest or conceal acontrolled substance. Under Tennessee law, “drug paraphernalia”means all equipment, products and materials of any kind that areused, or intended for use in storing, activity, injecting, inhalingor otherwise introducing into the human body, a controlledsubstance.

Underage Consumption of Alcohol.Underagedrinking in Tennesseecarries with it relatively severepunishments. If you were under age 21 and you purchased, received,or had in your possession an alcoholic beverage in a public passjudgment, you could be covering up to a year in jail and/or a fineof up to $2,500. You will also be denied driving privileges ifconvicted.

Public Intoxication.You are protection finesand possibly a few months in jail if found guilty of thistransgression. An offense is committed if you were on the festivalgrounds or at a place of business or other public place and, whileunder the influence of an intoxicating substance, endangeredyourself or others, destroyed property, or were simply pesky to thepeople around you.

If you have been charged with any of the above-listed crimes orany other crime while at Bonnaroo or while departure the festival,theexperientcriminal defense attorneysat Baker Associates encourage you tocall us at 866-853-2888. The consultation is free.

Maryland DUI Consequences & your CDL License

So you got aDUI/DWIcharge in Howard County, Baltimore County, Anne Arundel Countyor any other county in Maryland and you have a CDL (commercialdriver’s official document). Your CDL is required for you to work,so what happens now? Well, in a word, you have a difficulty. First,the fact that you werenotdriving a CDL vehicle at the timeof your DUI arrest does NOT matter, you still have the sameproblem. Yes, it’s not fair but that’s the way your FederalGovernment set it up. Now, where to go from here? It’s a littleconfusing so if the followingCDL-DUIadviceis not working for you, feel free togive us a call.

A conviction or a PBJ on the 21-902A, C or D offense will resultin you loosing your CDL license for one full year. The fact thatyou need your CDL to work for a living, to provide for your familyor the fact that you were not travel a CDL at the time of your stopor arrest is not relevant to the consequences. The mere fact thatyou possessed a CDL at the time of the arrest is enough.

A conviction for the 21-902(B) offense or a PBJ does NOTresultant in the immediate loss of your CDL, that’s the good news.In fact, a PBJ (probation before judgment) on the 21-902(B)infringement is a good thing for a CDL holder, you want thatassuming your case may not otherwise be won. Also,aconvictionon the B offense is workable too, itdoesnot automaticallyoutcome in the loss of your CDL, itdoes result in 8 points on your record however which then resultsin a points suspension hearing (which you must request) where youcan ask for a lesser period of suspension of your licence. The MVAis typically looking a 6 months suspension for 8 points related toDUI or alcohol which means 6 months suspension of your CDL licensein this DUI arrest.

Now, having said that, what about the administrative MVA hearingsecondary to DUI stop, ie. the administrative suspension (this isthat onion skin Officer’s Order of Suspension theme you acceptedwhen they liberated your license from your wallet).

1. If you blew less than a .15, that’s good. You can request anMVA hearing within 10 days of your clutch and request anymodification you might seek, worse case scenario is that the MVAdoes not see it your way and you loose your pass for 45 days. Whenyou loose your license you loose your CDL. If you get a limiteddriver’s licence, you still loose your CDL. It isveryimportantto understand that for whatever fundamental measureof time you have a “modified” manipulator’s license or a suspendedpermission, you willloose your CDL certify.However, for 45 days you might be able to swing something with youremployer, ie. maybe you can drive a regular vehicle or do otherwork.

Georgia dismisses criminal case after police destroy cell speech sound

There has been a high level of bodily process in Georgiacriminal law appeals decisions lately. A recent case, referencedbelow goes through a good expressive style of the law regardingdestruction of evidence.

The case law essentially provides for two remedies if the policedestroy potentially exculpatory evidence:

1) Dismissal; or

2) Suppression

The remedy appears to hinge on the intent of the police or othergovernment actor in destroying the evidence.

Georgia destruction of evidence reversal issued on 6-29-09 UIAttorney.com: “On June 29, 2009 the Court of Appeals ofGeorgia affirmed the dismissal of criminal charges after theGwinnett Police intentionally destroyed evidence that could havehelped prove the Defendant’s innocence.

The name of the case is Georgia v. Miller, and it has someinteresting impications for Georgia DUI cases, and some relevantreferences to far-famed nationally known DUI cases.”

It is interesting to note that most destroyed evidence neversees daylight in criminal court because either a) the defense neverfinds out about it; or b) the state plea bargains the case so itnever becomes an issue.

I can’t emphasize enough the importance of a proactive probe bythe organisation in any DUI or criminal case. The earlier it getsstarted, the more likely the Defense is to preserve potentiallyexculpatory evidence, or to be able to gain the psychologicalfeature necessary to take asset of the situation should the statedestroy evidence.

How is Anabolic Steroid Use a Crime in Tennessee?

Anabolic Steroids are classified as a Schedule III controlledsubstance in both the Tennessee and United States Code because oftheir potential for abuse and harmful side effects. Under ScheduleIII, any drug or hormonal substance that is chemically related totestosterone is an anabolic steroid.

Steroids specifically mentioned in the code are Boldenone,Chlorotestosterone, Clostebol, Dehydrochlormethyltestosterone,Dihydratestosterone, Drostanolone, Ethylestrenol, Fluoxymesterone,Formebulone, Mesterolone, Methandienone, Methandranone,Methandriol, Methandrostenolone, Methenolone, Methyltestosterone,Mibolerone, Nandrolone, Norethandrolone, Oxandrolone, Oxymesterone,Oxymetholone, Stanolone, Stanozolol, Testolactone, Testosterone,and Trenbolone.

Under Tennessee law, it is a crime for a practitioner toprescribe order, deal out, supply or sell an anabolic steroid forenhancing performance in a sport or exercise or for hormonalmanipulation intended to increase muscle mass, permanence or weightwithout medical necessity. For all other persons, it is unlawful tomanufacture or deliver a steroid or possess with intent to handover, manufacture or deliver the anabolic steroid. Distribution orsale of an anabolic steroid cannot be inferred from the amount orweight of the substance in the defendants possession.

Welcome to the Illinois DUI Attorney Blog

Welcome to the Illinois DUI Attorney blog! In the coming months we will be body of work about the topics of DUI that are most relevant to your needs. We look forward to discussing matters that are of interest to you. Stay…