Board Certified in DUI Defense: One of the very first few lawyers in the country to achieve this distinction in 1999 -- and is still one of only four in the State of Georgia.DUI News
DUI Lawyers Blog Watch
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In State v. Brimage, 153 N.J. 1 (1998), the New Jersey Supreme Court was called upon to address the constitutionality of N.J.S.A. 2C:35-12, which the Court characterized as an “atypical” sentencing statute because it shifted sentencing power from the judiciary to the prosecutor. The Court held that to satisfy the constitutional requirements of the separation of powers doctrine, prosecutors must be guided by specific, universal standards in their waiver of mandatory minimum sentences under the Comprehensive Drug Reform Act. Because the then-existing plea negotiation guidelines were not adequate, the Court directed the Attorney General to issue new guidelines – now known as the “Brimage Guidelines” – to promote uniformity and to prevent arbitrariness. The new guidelines became effective on May 20, 1998.
Often times, defense attorneys negotiate plea agreements on behalf of their clients, but still reserve the opportunity to “argue for less” at the time of sentencing – and quite frequently judges agree and ...
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Under New Jersey law, a person with a blood alcohol concentration (BAC) of .08 percent or higher who operates a vehicle is considered to be illegally driving under the influence (DUI). Depending on the size and weight of the driver, it can only take a couple of drinks to have a BAC above the legal limit. Juveniles face even more severe restrictions.
Individuals under the age of 21 can be convicted of a DUI if they have a BAC of only .01 percent or greater. This means even a portion of a drink may be enough for an underage driver to have a BAC above the legal limit. Young drivers who have had a drink before driving will face a number of penalties that can adversely affect their future.
Drivers under the age of 21 with a BAC of .01 percent or higher could face a 30- to 90-day license suspension, 15 to 30 days of mandatory community service, and mandatory attendance at an alcohol education and highway safety program at an Intoxicated Driver Resource Center. Drivers who are under age 17 ... -
Occasionally I receive an e-mail or a comment from some spammer wanting to write a guest post for this blog. Now there's not much chance of that ever happening. Though I will be more than happy to run Mike Anderson's answers to the questions I posed him last month. I get the feeling that won't be happening, either.
Last week, however, I received an e-mail from an attorney in San Antonio who was willing to pay $15 if I would allow him to write a guest post that linked back to his website. Or I could post a small banner ad for the princely sum of $40 a year. My curiosity was stoked.Hi,
I'd like to inquire about doing a sponsored blog post -about 150-300 words that talks a little bit about DUI law and links back to oursite http://www.michaelpackar dlaw(dot)com.Weprovide DUII, criminal defense, and immigration Attorney Services and thought wemight be a good fit for your readers/visitors on http://kennedy-law.blogspot.com ... -
Remember when you were in school and asked the teacher what a particular word meant? She told you to find it in the dictionary. Not the online dictionary, mind you. I'm talking about the thick book that you had to thumb through page after page to find the word.
Back in 2010, Scott Kirsch was arrested for and convicted of his second DWI. It turns out that a woman was driving home from work one night when she saw Mr. Kirsch straddling his motorcycle in the middle of the road at an intersection. After she watched him fall to the ground, she called the police who came out to investigate.
When the police arrived, Mr. Kirsch was trying to kick-start his bike -- without success. According to the arresting officer, Mr. Kirsch had poor balance and difficulty following directions. Mr. Kirsch was then arrested and charged with driving while intoxicated.
The question at trial was, of course, whether Mr. Kirsch was operating a motor vehicle while intoxicated. The prosecutor argued that he was exercising control over the bike when police arrived. Mr. Kirsch argued that since the bike wasn't running, he was operating it at the time.
The trial court issued ... -
Regardless of which county one drives in -- Passaic, Middlesex, Union or Mercer -- a drunk driving arrest is only an errant lane change away, or for that matter a burned-out headlamp or rolling stop. The fact of the matter is, here in the Garden State, driving with even a couple drinks under one's belt can quickly become a trip to police headquarters for a breathalyzer test and possible booking on charges of driving while intoxicated.
Naturally, drunken driving is one of the many traffic offenses out there, but impaired driving due to prescription medications or illicit drugs (drug DUI) are other ways in which a driver can find him or herself in trouble with the law. As New Jersey DWI defense lawyers, I and my colleagues have represented numerous motorists charged with ...
