Archive for May, 2011
New York Lawyer Answers Why Get a Certificate of Relief from Disabilities
May 30th, 2011 | 
Author: www.ithacadwi.com New York State has no expungement statute. People found guilty of misdemeanors (criminal offenses) have them on their permanent record for life. New York does offer a “Certificate of Relief from Disabilities.” The CRD offers people the ability to prove their rehabilitation. Once obtained from the Court It is a “presumption of rehabilitation” that can be presented to employers and state licensing boards. It acts to remove any impediments to your being hired or licensed to practice. Someone applying for a state license should get CRDs for any New York misdemeanor on record. To learn more about how DWI and other criminal cases work in the state of New York, I encourage you to explore my educational materials at my blog and website www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call.
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Minor DUI Consequences
By: William Bly
Posted: Dec 14, 2010
The consequences of being convicted for driving under the influence of drugs or alcohol are in no way diminished if you are not old enough to be drinking in the first place. Leniency is much more difficult to come by, especially if aggravating factors are involved in your case, so it is even more critical to protect your rights and your future by retaining an attorney who is experienced in dealing with DUIs in your state.
Most states have adopted a Zero Tolerance Policy for those under the age of 21, which means that if your blood alcohol concentration, BAC, is higher than 0.0%, you could be arrested and convicted of DUI. However, in Maine, in order to be convicted of DUI while under the age of 21, you must be impaired or have a BAC of .08% or higher. Here are just some of the potential consequences that you could be facing for a DUI as a minor, in no particular order:
Jail
Yes, jail time is a potential outcome if you are convicted of a DUI even as a minor, depending on several other factors. In Maine, DUI is not a juvenile offense. Being underage is considered an aggravating factor in a DUI case, so you could see increased likelihood for jail or other consequences.
Read more articles
Top 10 Questions People Ask When Charged With A DUI in California
Consequences of Getting a DUI
Severe Penalties for Underage Drinking
Monetary Fines
You may be responsible for thousands of dollars in monetary fines, very similar to having to pay a ticket for speeding if you are convicted of DUI. The amount depends on the state and other circumstances, but could total several thousand dollars that must be paid before your driving privileges can be restored. When serious bodily injury or property damage and/or fatalities occur, you could also face criminal restitution charges to the victim(s) or their families as well.
Loss of Driving Privileges
A DUI conviction almost always leads to loss of driving privileges, but the length of time depends on the case. If you are underage, that time could last a long time, depending on the state, judge, and circumstances. The younger you are, and the more serious the aggravating factors, the longer you will likely be without driving privileges.
Mandatory Rehab and Counseling
Minors convicted of DUI will likely face court-ordered rehabilitation or alcohol/drug counseling before the record is wiped clean. However, in Maine, because DUI is not a juvenile offense, if convicted, you have a criminal record and there is no expungement process. This could be in the form of alcohol education classes, hospital rehabilitation or modern rehab facility, psychiatric counseling, and more, depending on several factors. You will be required to completely finish all courses or classes, including presenting a certificate of completion to the judge before your record is expunged, depending on the case and availability of expungement for minors.
This information is provided solely for informational purposes and does not constitute legal advice.
William Bly – About the Author:
William Bly of The Law Office of William T. Bly is a defense lawyer in Maine who spends part of his efforts on drunk driving-related issues. To read more, visit the firm’s website today.
Source: http://www.articlesbase.com/criminal-articles/minor-dui-consequences-3847236.html
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Article Tags:
drunk driving, dui, zero tolerance policy, jail time, fines, driving
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Criminal Defense Practice Areas Pt 2
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What You Should Know About a DUI Arrest
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What You Should Know About a DUI Arrest
By: Maria Palma
Posted: Apr 26, 2009
The possibility of being arrested for drunk driving is something people don’t give much thought to when they go out to have a few drinks. Many people have a couple drinks and next thing you know they’re being pulled over for driving under the influence. Unfortunately, most people who are arrested for drunk driving don’t take it seriously enough.
What people don’t realize is that alcohol affects them considerably. Yes, even one or two drinks can mess with your ability to concentrate on the road. The consequences of what may seem like a harmless couple of drinks could be devastating at worst.
If you’ve been arrested for drunk driving, don’t make the mistake of viewing your arrest as a minor offense. In fact, a DUI is a traffic violation that should be taken seriously. The one thing you don’t want to do is to try and defend your DUI case on your own. There are many factors involved in a DUI case that only an experienced lawyer is knowledgeable about including updated laws and procedures. Besides, an experienced lawyer is highly resourceful and knows that aspects of your case would require further investigation.
If you are charged and convicted for drunk driving, you’re looking at the possibility of a jail sentence, high fines and penalties, driver’s license suspension or revocation, mandatory DUI classes or rehabilitation, and insurance cancellation or increase. If you hire a DUI defense lawyer to help you with your case, he/she can help you save your license and even get your sentence reduced.
Maria Palma – About the Author:
Maria Palma is a freelance writer dedicated to helping people with their San Diego DUI. Make sure to hire an experienced San Diego DUI lawyer. For more information, read the San Diego DUI blog.
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