California DUI: What are the Penalties? #dui #felony #california


California DUI: What are the Penalties?

What’s the minimum and maximum penalties for a first DUI conviction?

Assuming there is no bodily injury or death resulting from the DUI, the minimum terms for a misdemeanor first conviction are as follows:

  • $390 fine plus over $1,000 in ordinary penalty assessments, plus additional DUI-only assessments for a total of approxi­mately $1,800.
  • 48-hour jail sentence or a 90-day license restriction allowing you to drive to and from your work—and for work—if required, and to and from an alcohol treatment program. If the 90-day restriction is imposed, it begins after your DMV four-month suspension or 30-day suspension followed by a five-month restriction.
  • Attendance and completion of a $500, three-month alcohol-treatment program (nine months if your blood alcohol level was 0.20% or higher. Completing the program is a requirement for ever being able to drive again following a “per-se” DMV license suspension and for minimizing that suspension to 30 days (plus five or eight months of restricted driving) instead of the six- or ten-month flat suspension that would otherwise be imposed.
  • Loss of your driver’s license for at least 30 days, followed by either a five-month restriction to drive to, from, and for work and to and from an alcohol treatment program, or an additional two-month restriction that allows you to drive only to and from the program.

The maximum penalties for a misdemeanor first DUI conviction in California is a $1,000 fine plus over $2,600 in penalty ­assessments, six months’ imprisonment in the county jail, a six-month license suspension ; ten months for blood alcohol level of 0.15% or more, having your vehicle “impounded” (stored at your expense) for 30 days, and being required to attach an “interlock” breath device to your vehicle that will not allow the car to start if there is any alcohol on your breath. This will cost you about $800.

What type of probation is required of a first offender?

Almost all first-time offenders are placed on probation for three to five years. If you violate any of the terms of your probation, you can face a nonjury hearing where additional penalties can be applied. The standard conditions of probation include: (1) not driving with any measurable amount of alcohol in your system, (2) submitting to a blood or roadside breathalyzer (PAS) test upon the request of a police officer and (3) refraining from further violations of the law (no further misdemeanors — ordinary traffic infractions don’t count).

What’s the minimum and maximum penalties for a second DUI conviction?

If no one is injured or killed as a result of the DUI, the minimum penalties a judge will impose for a second DUI conviction (within 10 years of the first DUI) include the following:

  • a $390 fine plus penalty assessments for a total of approximately $1,800
  • ten days or 96 hours (including two 48-hour sessions) in jail
  • completion of an 18- or 30-month second-­offender alcohol-treatment program, which costs about $1,800, as a condition of probation. You must complete this program if you ever want to drive again. Enrollment in this program also allows you to reduce the two-year suspension to one year, followed by a two-year license restriction that allows you to drive to, from, and in your work, and to and from the program—after the first year of suspension, and
  • installation of an “interlock” device on all ­vehicles you own .

The maximum penalties for a misdemeanor second conviction within ten years of a prior conviction (counted from the date of the previous offense to the date of the second offense) include: a $1,000 fine plus penalty assessments for a total of approximately $3,000, one year in jail, a two-year license suspension by the DMV, impoundment of your vehicle for up to 30 days at your expense, and

required installation of an “interlock” device on all vehicles you own.

What’s the minimum and maximum penalties for a third and subsequent DUI convictions?

Assuming there is no bodily injury or death resulting from the DUI, the minimum penalties are as follows:

  • a $390 fine plus over $1,000 in ordinary ­penalty assessments, plus additional DUI-only assessments for a total of approximately $1,800
  • 120 days in jail for a third offense, 180 days for a fourth offense and
  • revocation of your driver’s license for three years (third offense) or four years (fourth ­offense), and completion of a 30-month multi-offender program to get your license back.

The maximum penalties for a third and fourth offense within ten years are as follows: a $5,000 fine plus over $13,000 in penalty ­assessments for a total of $18,000, one year in jail for a third offense; 16 months in state prison for a fourth offense, if charged as a felony, impoundment of your vehicle for up to 90 days or even forfeiture and loss of your vehicle, revocation of your driver’s license for three years (third offense) or four years (fourth offense), and a 30-month alcohol treatment program before getting your license restored.

What happens if someone is killed or injured in a DUI?

If someone is killed or injured as the result of driving under the influence of alcohol, or while blood alcohol is 0.08% or more, the driver can be found guilty of a felony and could go to state ­prison for over a year, and possibly for up to five years, depending on whether it’s the driver’s first, second, or third offense. Prior convictions for misdemeanor under-the-influence or over-0.08% driving count as prior offenses for the purpose of increasing the prison sentence. So do prior convictions of alcohol-related reckless driving. The jury (and sometimes the judge) will have the option of reducing the offense to a misdemeanor, but even in such cases, the person convicted could still spend up to a year in the county jail—and probably will, since judges take DUI extremely seriously under these circumstances. Also, a person faced with a fourth drunk-driving charge over a ten-year period may be charged with a felony, even where no one was ­injured as a result of the offense.

For more on California DUI law:

Talk to a DUI Defense attorney

How traffic violations affect car insurance rates #insurance #rates #after #dui


Do speeding tickets affect insurance?

For more tailored results, use the traffic ticket calculator to enter your own age, type of dwelling, state, marital status, and length of time you ve been with your car insurance carrier.

Here s an example of just how different rate increases can be from company to company: For a driver in Apple Valley, Minnesota, with two speeding tickets 11 mph over the limit, one carrier wouldn’t return a rate at all; five others increased rates anywhere from 13 to 121 percent.

We strongly suggest you compare car insurance quotes after a violation.

How many points is a speeding ticket?

Your state may assign demerit points for some violations and suspend your license or fine you when that total reaches a certain level. Point systems vary widely by state, but too many points can bring an SR-22 requirement that automatically makes you a high-risk driver who’ll need high-risk auto insurance .

But any points your state assigns after a ticket are different from the ones your insurance company uses to calculate your rates. Insurance companies make their own calculations based on your record, but each makes its own judgments about which violations to count. Each makes its own decisions about accident fault, too.

In order for an insurance company to raise your rates, your ticket must appear on your state motor vehicle record, or MVR. An MVR shows your license status, traffic violations and accident reports.

Your rates won t increase until the insurer checks your MVR. Some may check your MVR at every renewal; some may check only every year or two, especially for longtime customers with clean records.

How long will a ticket affect my rates?

The look-back period differs by state and by company.

You should expect at minimum to be rated on violations, accidents and suspensions for the last three years. Some companies go back to the date of the incident, and others go back to the day of conviction.

Many companies will look back five or even 10 years for major violations such as a DUI. For instance, in California insurers aren t allowed to offer a good driver discount until 10 years have passed after a DUI violation.

And, just as a violation doesn t raise your rates until your insurer sees the offense on your MVR, the surcharge won t stop immediately when a violation falls off your record. You will have to wait until the next policy period when your insurer pulls your MVR.

What happens if I get a ticket out of state?

Expect it to show up on your record.

Most states have reciprocal agreements that automatically share information on citations. The Driver s License Compact has been signed by 45 states and Washington, D.C. Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are not members, but they share and receive information just the same.

If your driving privileges are suspended in a state you are visiting, your home state typically will suspend your license as well.

Some states may not assign driver s license points to out of state convictions, especially minor ones. But insurance companies will rate you on a violation no matter where it occurred, if it appears on your MVR and is considered a surchargeable offense.

4 ways to fight a speeding ticket

To keep a speeding ticket off your record. you can contest it in court, or you can plead guilty in a way that keeps the infraction off your driving record.

If you keep a ticket off your motor vehicle record, your insurance company cannot rate you on it (i.e. raise your rates because of it).

  1. Contest the ticket: You are pleading not guilty. You will need to notify the court that you want a contested hearing. Typically you will be offered another chance for mitigation or a deferral. You can go to court yourself or hire a traffic attorney. If you are accused of a major violation such as a DUI, you should hire a lawyer. If you win, the charge is dismissed and will not appear on your MVR. If you lose, the penalty will stay the same and the conviction will appear on your record, and you may have to pay court costs as well.
  2. Ask for mitigation: You are pleading guilty but offering an explanation. The court may reduce the fine, but the conviction would go on your record. In some states, though, the judge may amend the charge to a non-moving violation, or you may have the option at this point of seeking a deferral or defensive driving class.
  3. Seek a deferral or defensive driving class: You are pleading guilty but asking to have the conviction deferred. If you complete a class or go a certain period of time without another violation, the charge will not appear on your MVR. Typically you will pay a fine and fees that are as large as or even larger than you would have under the original violation, but your record will remain clear and your insurance rates will not rise. You must contact the court before your appearance date to ask about these options. Some jurisdictions will not offer deferrals or traffic school for certain violations, such as school- and construction-zone tickets or extreme cases of speeding.
  4. Limit the damage: If a conviction on the original charge seems inevitable, you might want to ask for a continuance to delay a conviction past your next renewal date. In addition, a defensive driving class. even taken after the fact, can remove points from your motor vehicle record. While it cannot erase a conviction from your insurance company s calculations, the class might bring a discount that softens the blow from the surcharge.

Methodology analyzed more than 490,000 auto insurance quotes provided to users from 14 carriers, comparing quotes given to drivers with the 14 most common infractions recorded to quotes given to drivers with no violations. We used a model to estimate the annualized premium expected for certain combinations of personal attributes (residence, state, time with prior carrier, marital status and age) along with 14 violations. This ranking is not inclusive of all possible driving violations. Rates shown are averages; your own rate will depend on your personal factors. State laws governing traffic violations are subject to change. commissioned Quadrant Information Services to gather rates comparing a driver with a clean record to a driver with certain violations from six major carriers in 10 ZIP codes in each state. Rates were returned on sample driver, male, 40 years old, single, a homeowner, driving 12 miles each way to work in a 2014 Honda Accord LX, for 100/300/50 liability coverage, collision and comprehensive coverage with a $500 deductible, uninsured motorist and additional mandatory coverages as required in each state.

Copyright 1998-2017 by Quinstreet, Inc. All Rights Reserved. Insurance licenses is not affiliated with any state or government agency.

Disclaimer: The insurance products on are from companies from which QuinStreet may receive compensation. Compensation may impact where products appear on (including the order in which they appear). QuinStreet does not include all insurance companies or all types of products available in the marketplace.
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Is a DUI a Felony? #felony #dui #california, #felony #dui


Question: Is a DUI a Felony?

Drunk driving. Driving under the influence. Driving while intoxicated. Whatever term is used to describe impaired driving, it s a criminal offense. DUI/DWI offenses are classified as either misdemeanor or felony charges. Although both types are serious, a felony charge for DUI is much more grave than a misdemeanor DUI.

Across the United States, it is illegal for drivers to have a blood alcohol content (BAC) of 0.08 percent or higher when operating a motor vehicle. This applies whether the vehicle is a car, motorcycle, or boat. Penalties for a DUI conviction range from fines and driver s license suspension to jail time and probation.

Answer: There are distinct differences between a misdemeanor and a felony DUI indictment. A felony DUI comprises more serious circumstances than simply exceeding blood alcohol limits. Felony DUI points to habitual offenders or a driver causing bodily harm to one or more individuals. If a driver is responsible for an accident resulting in injury or death to someone else, the driver can anticipate felony charges.

In addition, many states escalate a DUI from a misdemeanor to a felony if a driver had a prior DUI offense within a certain period of time. This is typically seven years, although it depends upon the jurisdiction. If the driver has a previous felony DUI conviction regardless of time elapsed since the prior conviction — he or she will be charged with a felony DUI again.

What s the difference in punishment for misdemeanor DUI versus felony DUI? It s usually the harshness of the sentence. With misdemeanor DUI, you can expect a modest stay in county jail. With felony DUI, you can expect a longer term to be served in prison.

The consequences of a felony conviction for DUI are truly life altering. If you ve been charged with drunk driving, it s vital to hire a lawyer who practices DUI defense.

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Connecticut Drunk Driving Fines – Penalties #best #dui #lawyer #in #nj


Connecticut Drunk Driving Fines Penalties

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Connecticut?

A defendant might receive a “wet reckless ,” or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Connecticut, but it’s possible a lawyer may be able to create a plea bargain for you.

Drinking and Driving Laws in Connecticut

The State of Connecticut has drunk driving laws that address driving under the influence of alcohol and drugs. Like many other states around the country, Connecticut has a lower blood alcohol concentration (BAC) limit for drivers under the age of 21. It is illegal for a minor to drive with a BAC of .02 percent or above. Adult drivers are considered legally intoxicated if their BAC is .08 percent and above.

How many drinks does it take to reach the legal limit in Connecticut? There isn’t one right answer to this question. Each driver has individual attributes that may impact the number of drinks that it takes to become legally drunk. Many factors, including weight, age and number of drinks consumed within a given time frame, all contribute to a drivers blood alcohol concentration (BAC). One study showed that one drink could raise your BAC by .05 percent. Keep in mind that in Connecticut you can be prosecuted for a DUI without being chemically tested, and you may be arrested without any direct evidence if your ability to drive has been “affected to an appreciable degree”.

The best answer is not to drink and drive. The State of Connecticut has strict laws for drunk driving, and when you drink and drive in Connecticut, you risk your freedom, finances and your future.

Talk to a DUI Defense attorney

Flexer Law, Nashville Bankruptcy Lawyer, Full Service Law Firm, nashville dui attorney.#Nashville #dui #attorney


How Can Our Nashville Attorneys Help You?

Practicing Law With Kindness,

Understanding and Respect.

Flexer Law is a full-service law firm serving the Middle Tennessee community since 1981. We have offices conveniently located in Nashville, Murfreesboro and Columbia, TN.

The attorneys at Flexer Law are here to help you through tough legal situations like filing for bankruptcy, going through a divorce or custody battle, being a victim of a car accident or other personal injury, being denied for Social Security Disability benefits, or getting arrested for criminal charges. [VIEW OUR RESOURCES]

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Have you been injured in Tennessee?

Do you have questions about your rights after an injury accident, but don’t know where to start? You don’t have to be in the dark about your injury claim. Request your free copy of our latest book, “Tennessee Personal Injury,” to get answers now.

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Nashville Office

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Nashville, TN 37203

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Murfreesboro, TN 37130

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It is my first time experience with bankruptcy and I shall say that Daniel made it a very pleasant experience, with confidence understanding and straight to the point of my situation. After leaving the meeting with Daniel I was comfortable with the decision that I had made. And I would recommend this company to friends and family thanks for your help and support!

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Nashville, TN 37203

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Murfreesboro, TN 37130

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Flexer Law proudly serves clients in counties across Middle Tennessee, including Cheatham, Davidson, Dickson, Montgomery, Robertson, Rutherford, Sumner and Williamson counties, with offices conveniently located in Nashville, Murfreesboro, and Columbia, TN.

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DUI Defense California – your choices, a vc dui.#A #vc #dui


a vc dui

At some point after your DUI arrest in California, you need to decide if you want to:-

  1. Represent yourself.
  2. Obtain the services of the public defender (the court will appoint a DUI attorney for you if you cannot afford one).
  3. Or hire your own DUI lawyer, a private DUI attorney.

After your DUI arrest, you will get anywhere from 15 to 100 letters from private DUI attorneys advertising their services for DUI defense.

If you are uncertain

A vc dui

If you need more time to make a decision the Judge will give you a 2 to 3 week continuance to hire a DUI attorney if you ask.

If you are unsure of what to do, you can always start off with the public defender and if you change your mind you can then hire your own DUI attorney later on.

You can also go to court by yourself on your first court date and ask the judge for a two to three week continuance in order to hire a DUI attorney and the judge will grant you a continuance for this purpose.

Getting a Public Defender

If you do not want to represent yourself or spend the money to hire a private DUI attorney you can use the services of the Public Defender:-

  • On your first court date, you can request the services of the Public Defender – a Government lawyer who will represent you at minimal cost.
  • The court will evaluate whether or not you qualify for the public defender; (it depends on how much income you make).
  • The court will appoint a lawyer for you if you do qualify.
  • Click here information from the Los Angeles County Public Defender (this link will open in a new tab in your browser).

Representing yourself

In some situations, you can obtain the same results in court as a DUI attorney could, so it is probably a better idea not to hire an attorney and instead save your money in order to pay the court fines and to pay for the alcohol class.

Hiring your own DUI Attorney

Can a private DUI attorney help with your defense?

You really need to evaluate what hiring a private DUI attorney can do for you. Whether it is worth hiring a DUI attorney is something you want to think about. Call us at (310) 285-1516 to help you answer this question. We will go over with you the advantages and disadvantages of representing yourself, using the public defender or hiring your own DUI attorney.

Here are some examples of how a private DUI attorney potentially help you with your DUI defense:

  1. Assess the case and counsel you on your options.
  2. Try to protect you from any additional punishment.
  3. Go to court for you so you do not have to go, and appear in court in front of the judge on your behalf.
  4. Handle your DMV hearing for you and help you with your license.
  5. Conduct Investigation and Discovery in the case to determine how trustworthy and strong the Government’s evidence is against you and evaluate the police officer’s arrest of you.
  6. Negotiate a plea bargain for you.
  7. Help decide if you want to go to trial or work out a plea bargain with the prosecutor.
  8. Help obtain alternatives to jail.
  9. Represent you in a jury trial for you.

A vc duiProceed to DUI Arrest Step 4: Know your options in Court – Plea Bargain or Trial.

Fresno DUI Attorney – Fresno DUI Lawyer – Fresno Drunk Driving Defense #dui #attorney,dui #lawyer,fresno,dui #charge,dui #arrest,driving #under #the #influence,fresno #defense #attorney,fresno #dui #lawyer,court #system #in #fresno


Fresno DUI Attorney

Committed, Highly-Qualified Fresno Attorney Available to Assist with DUI Charges in Fresno, California

Have you been charged with Driving Under the Influence (DUI) in Fresno? If so, it is crucial for you to seek immediate legal counsel from a Fresno DUI Attorney. Failure to seek out an experienced criminal defense Fresno DUI Lawyer could result in serious, and in some cases, completely avoidable penalties. The experts in our office are well-versed in DUI defense within Fresno, and will work with you to get the best result possible and with minimal disruption to your life.

Fill out our free Fresno DUI Case Evaluation form or call us at(559) 233-3724!

Facing a DUI charge in Fresno without legal counsel carries heavy risks. Without qualified representation, you will likely miss out on laws and codes that a professional Fresno DUI lawyer in the court systems could put to work in your favor. If you have been charged with DUI in Fresno, you should take every step possible to defend yourself, your family, and your lifestyle. That includes seeking out a skilled Fresno DUI defense attorney. Many times, your Fresno DUI attorney can appear in court instead of you – this saves you lost time at home or on the job, as well as preventing the added embarrassment of having to appear before a judge in a Fresno court.

Your case is too important to leave to chance – use our freeonline consultation form for your Fresno DUI case and get in contact with a qualified Fresno DUI attorney right away.

How to Choose the Right Fresno DUI Lawyer

There are two important considerations when choosing your legal representation for your Fresno DUI case: experience and compassion. The former ensures that your Fresno DUI case will be handled appropriately, and with the skill that you deserve. The second ensures that your Fresno DUI attorney will do everything possible to make your legal defense within Fresno as painless, and stress-free as possible. Our offices have extensive experience in working with court cases in Fresno, specifically DUI cases. We understand the workings of the court system in Fresno. and our experience works for first time offenders as well as those facing a felony conviction. Let our experience work for you and contact us today via the online form for your free DUI evaluation for cases residing in Fresno and hiring a Santa Ana bailbondsman bond agent .

We do our best to minimize the troubles that come along with a DUI charge. We work with theDMV in Fresnoas well as the courts. and in many cases, our clients never have to appear in court at all. Because of our commitment to attaining the best result possible in your Fresno DUI case, we’ll help to eliminate not only stress, but time and money as well. Preserve your privacy and hire a Fresno DUI attorney that cares about your DUI case. Our free Fresno DUI consultation is quick, convenient and entirely online. If you just want answers, and are concerned about your privacy, this is a simple way to get immediate help.

Call us at (559) 233-3724 to learn how we can help you!

Avoid jail time, save your driver’s license and protect your family – our highly skilled, veteran, Fresno DUI lawyers will go to work for you in the Fresno court system, protecting your rights immediately. Through alternative sentencing, even repeat offenders can avoid jail.

If you need assistance in posting bail in the County of Fresno. our office can recommend a reliable bondsman, dedicated to maintaining your family’s privacy during this difficult time. Don’t wait until it’s too late – contact us now, and get started with your free online consultation for your Fresno DUI charge.

Fresno DUI Lawyer | Fresno DUI Attorney Disclaimer: The material and information contained in this website is provided solely for general informational purposes. The contents of this site should not be construed as legal advice on any subject matter and is not a substitute for legal advice on any subject matter. No recipient of content from this Fresno DUI site, client, whether current or otherwise, should act or refrain from acting based on information at this site. Our DUI law office expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this site. Nothing in this Fresno DUI website creates or establishes an attorney-client relationship. An attorney-client relationship can only be created or established by a written agreement signed both by client and attorney.

The Fresno DUI Defense Firm represent clients charged with DUIs in the city of Fresno and surrounding areas including Fresno County, Madera County, San Joaquin valley, Merced. Kern County, Kings County, Coalinga, Clovis, Madera, Bakersfield. Fresno County, Lemoore, Avila, Coarse Gold, Oakhurs. We proudly serve those from Lemoore Naval Air Service, and those arrested in Sequoia National Park, Yosemite National Park and Kings Canyon National Park as well as those arrested for driving under the influence along highway 41, Highway 99, Highway 192 and Highway 168. Clients charged with driving under the influence in Sanger, Paso Robles. Selma, Kingsburg. Porterville. Pismo Beach, Corcoran, Shaver Lake, Oceano Dunes, Tulare County, Mariposa, Bass Lake, Delano, Oildale, Madera County. Hanford. and Santa Maria as well as those stopped along highways including Highway 49, Interstate 5, Highway 180 can find representation with our qualified Fresno DUI Firm.

Rolling Meadows Criminal Lawyer #cook #county #dui #lawyer


Rolling Meadows, Illinois

Rolling Meadows Criminal Law Attorney

Illinois DUI and Felony Defense Lawyer

The Law Offices of Matthew R. Gebhardt, P.C. is an experienced law firm serving the city of Rolling Meadows, Illinois with legal expertise for criminal and DUI matters. Attorney Matthew R. Gebhardt handles cases at the Rolling Meadows Courthouse in Cook County, Illinois and is well-informed about how DUI and criminal cases are handled in that venue. He has a strong focus on client satisfaction, communication and education. He provides top-rated legal support and defense and is accessible to clients at any hour on any day of the week.

If you have questions about DUI or criminal law and need an attorney who is willing to take the time to help you understand each step of the legal process, contact Mr. Gebhardt today. When you need aggressive representation with a personal touch in Rolling Meadows, call Attorney Matthew Gebhardt (773) 383-8745 or (847) 239-4703.

Mr. Gebhardt will professionally handle your matter in the following practice areas:

DUI. Driving under the influence or DUI is a serious matter. Mr. Gebhardt has successfully handled numerous DUI cases for first-time offenders as well as those with multiple offenses. The Law Offices of Matthew R. Gebhardt, P.C. handles DUI cases throughout Rolling Meadows, Illinois such as:

Mr. Gebhardt is also knowledgeable about the following DUI topics:

Criminal Law. Mr. Gebhardt knows how to craft a successful defense strategy. As an experienced criminal defense attorney serving Rolling Meadows, Illinois he works to protect the rights of each client, one case at a time. He can represent you in the following areas of criminal law:

The Law Offices of Matthew R. Gebhardt offers affordable, high-quality legal representation with superior accessibility and unmatched professionalism. Contact us today at (773) 383-8745 or (847) 239-4703 today for help with your DUI or criminal matter in Rolling Meadows, Illinois.

Top Los Angeles Criminal Defense Attorney #los #angeles #criminal #lawyer, #pre #indictment #investigation #lawyer #los #angeles, #los #angeles #dui #attorney, #los #angeles #dui #lawyer, #best #lawyer #los #angeles, #lawyers #in #los #angeles


Federal And Los Angeles Criminal Defense Attorney David Elden

For highly skilled representation in complex criminal cases involving fraud, conspiracy or federal drug charges, Contact the Law Offices of top Los Angeles criminal lawyer David Elden.

Based in Los Angeles, David Elden is a highly acclaimed and experienced Los Angeles criminal defense attorney who serves clients throughout the United States. With more than 35 years of experience focused on federal criminal defense, he knows how to protect your rights and fight the charges against you aggressively.

Successful Criminal Attorney Los Angeles

Named a Top Southern California Lawyer by a Los Angeles magazine, David Elden works with a talented staff of professionals who can spot the weaknesses in the government’s case, no matter how complex the charges might be. In cases involving fraud or corporate crimes, he relies on former IRS agents to provide the forensic accounting support essential to the development and presentation of your defense. In federal drug cases or ongoing conspiracy investigations, he turns to former FBI, DEA, and Sheriffs Department agents whose investigative experience and thoroughness is often greater than that of the officers working the case against you.

Our ability to attack the government’s case on the basis of a highly professional review of the evidence can frequently give us the leverage you need to negotiate with the prosecution for a non-prosecution, dismissal or a very positive result.

Use A Skilled Criminal Defense Attorney Los Angeles

As an expert criminal defense attorney, Los Angeles based David Elden is prepared to serve as trial counsel, special counsel, or local counsel in cases where a corporation is based anywhere in the world. He can also assist with the federal defense of California personnel who encounter criminal prosecution in other parts of the country. David Elden has a national reputation for outstanding client service among the leading defense lawyers in the country, and can often arrange for an experienced and skilled criminal attorney to arrive wherever needed within hours of being contacted. Our clients are best served when they engage us at the earliest possible point of a criminal investigation.

Why You Should Engage This Skilled Los Angeles Criminal Lawyer

Our ability to protect you from the most serious charges that a Federal Grand Jury might return against you is only effective while the investigation is still under way and before the indictments are filed. In conspiracy investigations involving a drug distribution network or complex fraud, our early intervention can make the difference whether you get indicted or not. If you live in Los Angeles or you simply want the best Los Angeles Federal Criminal Defense Lawyer to represent your freedom and your rights you need to call acclaimed criminal attorney in Los Angeles David Elden today and schedule a Free Consultation.

Contact The Best Criminal Lawyer

For additional information about the scope of experienced criminal lawyer, Los Angeles based David Elden’s criminal defense client service, contact our Los Angeles office at (888) 991-9353 for a free consultation. Mr. Elden serves clients throughout the United States.

Areas Of Practice David Elden Has Experience With:

Of Counsel

Criminal Defense Attorney Victor Sherman

An experience trial lawyer who has tried hundreds of cases in both federal and state courts, Victor has has defended clients in cases ranging from business fraud to drug offenses, tax crimes, securities fraud, money laundering, public corruption, customs violations and racketeering, as well as misdemeanor and felony offenses and crimes of violence such as murder, sexual assaults and arson.

Victor Sherman s clients have included a Watergate defendant as well as a defendant charged with the largest bank heist in the nation. Attorney Victor Sherman has argued before the United States Supreme Court (United States v. $8,850) and Courts of Appeal in many federal circuits.

Victor Sherman was a national commentator during the O.J. Simpson murder trial, and is currently challenging the secret and indiscriminate wiretapping of over 100,000 California residents conducted by Los Angeles County District Attorney and law enforcement agencies in Southern California over the past decade.

Innovative and Experienced Criminal Defense Attorney

The Aspen Advanced Criminal Law Seminar was established by Victor Sherman in 1980 to foster an environment for defense attorney to share common experiences and learn from one another. The seminar has been co-sponsored by by the National Association of Criminal Defense Lawyers since 1997.

Named one of the Best Lawyers in Southern California, in the 2009 as a supplement by the Los Angeles Times in its December supplement to the 2008 edition of the Los Angeles Times magazine, Victor Sherman regularily appears on MSNBC to provide legal commentary on current high profile cases.

Victor Sherman received his B.S. in Business from the University of California, Los Angeles, in 1962 and his J.D. from the University of California, Berkeley (Boalt Hall School of Law), in 1965.

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Oklahoma DUI Punishment #oklahoma #dwi, #oklahoma #dui #punishment


Oklahoma DUI Punishment

The penalties for an alcohol-related driving offense in Oklahoma can vary greatly, depending on several factors. First, different types of charges—such as driving under the influence (DUI), driving while impaired (DWI), actual physical control (APC), child endangerment resulting from DUI, and manslaughter—may result in penalties of varying degrees. Other factors determining punishments include the level of intoxication (BAC), prior DUI offenses on your record, and whether the charges are filed in municipal or district court.

Below are some common DUI charges and their potential penalties. These apply to the criminal side of the case and not the driver s license penalties .

Driving Under the influence (DUI)

If your DUI is filed in a municipal (city) court, you could face up to six months in jail and/or a monetary fine of up to $1,200, depending on the municipality. DUIs filed in a state district court usually carry longer jail sentences and higher fines.

If it is your first DUI, your charge will usually be filed as a misdemeanor, provided no one was injured and there wasn t a minor in the vehicle. Conviction of misdemeanor DUI in state court carries a fine of up to $1,000 and jail time between 10 days and one year. Conviction can generally be avoided on most first time misdemeanors.

If you have had a previous DUI or APC charge, you may be charged with a felony DUI. The prior or predicate offense must have been for DUI or APC and the new arrest must occur within 10 years from the end of any previous deferred sentence, suspended sentence, completion of jail time or conviction date. The predicate offense must also have occurred in a court of record; priors from small municipal courts like Valley Brook or Del City would not count as a predicate. The only two municipal courts of records in Oklahoma are Tulsa and Oklahoma City Municipal Courts. There is case law that prevents them using a deferred sentence prior to November 11, 2011 as a predicate offense.

If it is your first felony offense (DUI AFC), the penalty carries a minimum of one year to five years in the state penitentiary and/or a fine of up to $2500. If it is your second felony offense (DUI AFCF), the charge carries a minimum of one year up to 10 years and/or a fine up to $5000.00. If it is your third or subsequent felony offense within the look back period, the penalty is minimum one year to a maximum of 20 years and/or fine up to $5000.

Actual Physical Control (APC)

In Oklahoma, APC is interchangeable with DUI as far as penalties and enhancements. The only difference is that APC does not have the element of operating the vehicle. If you have the ability to operate the vehicle, than you can be charged and found guilty of APC. There are not any clear cut rules on what ability to operate a car entails. We have had clients that were charged with this offense while the keys were sitting in the passenger seat. The judge and the prosecutor thought this was enough but a jury disagreed delivering a not guilty verdict for our client in an astounding 13 minutes.

Aggravated DUI

If your blood alcohol content is shown to be .15% or higher, you may be charged with aggravated DUI. The fact that you had a BAC of .15 or higher does NOT upgrade your charge to a felony; however, an aggravated DUI does incur additional penalties, such as required installation of an ignition interlock device and periodic treatment during the probation period. A BAC of .15 or higher can also result in you having to have an ignition interlock device installed on your vehicle under the Erin Swezey Act.

Driving While Impaired (DWI)

If your BAC is shown to be .06 or .07, you may be charged with DWI. If the charge is filed in municipal court, it will carry a fine and possible jail time. In a state district court, DWI will generally carry a stiffer fine of up to $500 and/or up to six months in jail. A DWI in Oklahoma is not the same as a DWI in Texas. The Texas DWI is Driving While Intoxicated and is the equivalent of an Oklahoma DUI charge. In Oklahoma, a DWI is a lesser charge and is always a misdemeanor. Additionally, a DWI in Oklahoma doesn t carry any automatic license suspension unless you take a DWI conviction.

Additional Penalties

Aside from fines and potential jail time, a DUI conviction may result in mandatory drug/alcohol training, attendance of a Victim Impact panel (VIP), community service, AA meetings, probation fees, and completion of DUI School.

Every DUI case is unique. If you have been charged with any alcohol-related driving offense, you should contact the experienced DUI defense attorneys at the Hunsucker Legal Group who can counsel you on what penalties you may face and what strategy you should use in fighting the charge.

Don t leave your case to chance. Call the Hunsucker Legal Group in Oklahoma City at 405-231-5600 to schedule a free consultation today.

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