DUI Lawyers Blog Watch

1. Taran Noah Smith, Home Improvement Star, Hit with Burbank DUI Charge

   Home Improvement star Taran Noah Smith’s driving record may need improvement; the 27-year old actor was stopped last Tuesday for driving under the influence in Burbank.

   
   According to news reports, police pulled Smith over near Third Street and Burbank Boulevard early Tuesday morning. The Burbank Leader reports that Smith’s car had been parked, but the vehicle was still running. Police smelled marijuana around the vicinity and found what they believed to drugs in Smith’s 1998 Honda Accord. After being arrested for driving under the influence in Burbank, Smith was booked into a Glendale jail and held on a bail of $10,000. His court date is set for March 1.

   Smith is probably best known for his role as the youngest child on Tim Allen’s Home Improvement, which ran from 1991 to 1997. He got his start as a child actor young – at age seven.

   Smith’s

2. Los Angeles Dodger Dodges Los Angeles DUI Charge

   Last November 14th, LA Dodgers first baseman James Loney was busted and charged with driving under the influence in Los Angeles, after he crashed his Maserati into two other cars on the freeway.

   
   The 27-year old apparently spat a breathalyzer mouthpiece at one of the police officers and demonstrated symptoms that any Los Angeles DUI lawyer would tell you could get you in serious trouble with the law. Per TMZ.com: “Loney's behavior was incredibly bizarre...[he] exhibited eyelid tremors and his shirt was soiled and moist from perspiration, from his armpits down to his waistline.”

   From the headlines, the case sounded cut and dry. But lo and behold, twists and turns have happened, as they often do, as any established ...

3. Brimage Guidelines: Mandatory Periods of Parole Ineligibility ("Stip Time") for Certain Drug Crimes

   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 ...

4. Penalties for Underage Drinking and Driving in New Jersey

   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 ...

5. Spamming for dollars

   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 ...