Learning Objectives. Outline
|
|
- Johnathan Garrison
- 8 years ago
- Views:
Transcription
1 Robby Chapman Program Director, TMCEC 2014 Traffic Safety Conference Learning Objectives (1) Recognize the offense of DUI and how it is different from a DWI (2) Describe the paperwork associated with the offense that a clerk may encounter in processing a case from filing through trial (3) Identify the legal consequences and statutory requirements that result from a DUI (4) Discuss why this and other alcohol offenses filed in municipal court matter Outline I. Drunk Driving II. DWI v DUI III. What is a DUI? IV. What Are You Likely to See? V. Punishment Range VI. Statutory Requirements
2 Drunk Driving Nationwide In 2012, 10,332 people - 31% of all traffic fatalities in the United States - were killed in drunk driving crashes. Source: NHTSA Texas That same year 1,296 people in Texas were killed in drunk driving crashes Source: MADD
3 Underage Drinking By age 15, half of teens have had at least one drink By age 18, more than 70% have had at least one drink Source: National Institute on Alcohol Abuse and Alcoholism Teens Driving Under the Influence of Alcohol 19% 62% 19% Makes You Better Driver Has No Effect Makes You Worse Driver Source: USA Today
4 DWI v DUI Aren t DWI and DUI the same? Driving While Intoxicated Sec , Penal Code A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place
5 DWI Elements Defendant Did Operate A Motor Vehicle In a Public Place While intoxicated Intoxication (1) Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (2) Having BAC of.08 or more Statutes are not In Pari Materia Different subject matters DWI covers intoxication from alcohol and drugs DUI covers only alcohol consumption Different purposes DWI protects safety from intoxicated persons driving a vehicle DUI enacted as part of zero tolerance standard for minors and to create a separate offense Findlay v State, 9 S.W.3d 397 (Tex. App. Houston [14 th Dist.] 1999)
6 What is a DUI? Sec , TABC A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor s system DUI Elements Minor Defendant Did Operate A Motor Vehicle or Watercraft In a Public Place While Having Any Detectable Amount of Alcohol in the Minor s System
7 Minor Person under 21 years of age Sec , TABC Operate No statutory definition Interpreted very broadly Court of Criminal Appeals: The totality of the circumstances must demonstrate that the defendant took action to affect the functioning of his vehicle in a manner that would enable the vehicle's use. Denton v. State, 911 S.W.2d 388, 390 (Tex. Crim. App.1995) (citing Barton v. State, 882 S.W.2d 456, 460 (Tex. App.-Dallas 1994, no writ)) Sufficient evidence of Operate Asleep at the wheel with vehicle idling and transmission in neutral Barton v State, 822 S.W.2d 456 (Tex.App. Dallas 1994, no pet.)
8 Sufficient evidence of Operate Started and revved engine, but did not move Denton v State, 911 S.W.2d 388 (911 S.W.2d 388 (Tex. Crim. App.1995) Sufficient evidence of Operate Vehicle parked with engine running in parking lot at Applebee s. Dornbusch v State, 262 S.W.3d 432 (Tex. App. Fort Worth 2008, no pet.) But Be Careful with Jury Charge! Although an appellate court may articulate a definition of a statutorily undefined, common term in assessing the sufficiency of the evidence on appellate review, a trial court's inclusion of that definition in a jury charge constitutes an improper comment on the weight of the evidence Jury should be free to assign any meaning in common parlance to the term Kirsch v. State, 357 S.W.3d 645 (Tex. Crim. App.2012)
9 Motor Vehicle or Watercraft Motor Vehicle means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks (Sec , Penal Code) Watercraft means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water (Sec , Penal Code) Public Place Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops (Sec. 1.07, Penal Code) Courts have held that the relevant inquiry is whether public can enter the premises More Public Places: Parks Park hours irrelevant Perry v State, 991 S.W.2d 50 (Tex.App. Fort Worth 1998, pet. ref d) Parking Lot Even if there is an entrance fee State v. Nailor, 949 S.W.2d 357 (Tex.App. San Antonio 1997, no pet.).
10 Any Detectable Amount No statutory definition Common usage Zero Tolerance Prior Driving Records of Drivers Involved in Fatal Crashes by BAC 25% 20% 15% 10% Reported Crashes Prior DWI Prior Speeding 5% 0% BAC.00 BAC BAC.08 What Are You Likely to See?
11 Probable Cause Affidavit Other traffic offense Officer observations Passive Alcohol Sensor Field Sobriety Tests Breath test Officer Observations Red, glassy, bloodshot eyes Slurred, hesitant, slow speech Where is alcohol odor coming from? What is visible in the car? Passive Alcohol Sensor (PAS) Not as evidence of alcohol concentration But may be used as a sobriety test and show the presence of alcohol Fernandez v State, 915 S.W.2d 572 (Tex. App. San Antonio 1996, no pet.)
12 Field Sobriety Tests One Leg Stand Walk and Turn Horizontal Gaze Nystagmus Non-standard tests Breath Tests
13 Statutory Warnings DIC-24 Refusal admissible (Sec , TC) Attorneys Discovery issues Defense Motions Witness Subpoena Requests This phrase: I usually practice in
14 Punishment Range DUI Punishment First $500 Alcohol Awareness (Mandatory) Community Service TXDL Suspension 60 days Second $500 Alcohol Awareness (Discretionary) Community Service TXDL Suspension 120 days Third $ Alcohol Awareness (Discretionary) Community Service TXDL Suspension 180 days 180 Jail No deferred Third DUI and Minor Child If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section Sec (c), TC
15 Child Definition Child means a person who is ten years old or older and under 17 years old Sec , Family Code Third Offense for Minor Child Third Offense Juvenile Case Manager Under , CCP No Juvenile Case Manager May Waive Jurisdiction 51.08(d), Family Code Retain Jurisdiction (Remains Class C) Shall Waive Jurisdiction 51.08(b)(1)(B), Family Code Determining DUI Priors (1) Conviction (2) Deferred Disposition (3) Adjudication Under Title 3, Family Code, that minor engaged in conduct described in Sec
16 Statutory Requirements Community Service Community service must be related to education about or prevention of misuse of alcohol Sec (e), TABC Alcohol Awareness Attend an alcohol awareness program OR a drug and alcohol driving awareness program (DADAP) Sec , TABC.
17 New Subsection (b-1) (1) If defendant resides in a county with a population of 75,000 or less; and (2) Access to an alcohol awareness program is not readily available Then May Take Online Course or Community Service Online course approved by the Department of State Health Services Community Services approved by the Department under (b-3) Not less than eight hours of community service related to alcohol abuse prevention or treatment Sec (b-3) The Department of State Health Services shall create a list of community services related to alcohol abuse prevention or treatment in each county
18 Suspensions First Second Third 60 days Not eligible occupational for first 30 days 120 days Not eligible occupational for first 90 days 180 days Not eligible occupational for entire suspension Sec , TC Questions?
Underage Drinking and Driving Laws Laws
What Every Teen Needs to Know About Drinking, Driving and the Law Not in Our House This program was designed to inform you about some of the penalties you could face if you choose to drink and drive. Underage
More informationHow are you getting home? Drinking, Driving and the Law... 1-888-THE-TABC www.tabc.texas.gov www.2young2drink.com
How are you getting home? Drinking, Driving and the Law... 1-888-THE-TABC www.tabc.texas.gov www.2young2drink.com 2 3 Drinking and Driving Laws If you are over 21, -.08 is the limit in Texas on all roadways.
More informationHow To Get A Suspended Sentence In Texas
Mark Goodner Program Attorney & Deputy Counsel TMCEC PUNISHMENT OF MINOR ALCOHOL OFFENSES Juveniles and Alcohol in Municipal Courts In 2009, there were: 34,745 non-driving juvenile ABC cases filed in municipal
More informationThe Basics of Missouri DWI Law. DWI Criminal Statute. Prior Offenses & Penalties 10/22/2015. Presenter: Jason Korner 577.010. Misdemeanor DWI Offenses
The Basics of Missouri DWI Law Presenter: Jason Korner DWI Criminal Statute 577.010 A person commits the crime of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugg
More informationHigh Risk, Responsibilities and Liabilities
High Risk, Responsibilities and Liabilities Alcoholic beverage retailers and their employees take on great responsibilities. Many of these responsibilities revolve around customers and the overservice
More informationDWI Penalties 1st Offense 2nd Offense 3rd Offense
DWI Penalties Driving While Intoxicated (DWI) in Texas is a serious offense. Blood Alcohol Content (BAC) over.08% or being under the influence of a controlled substance are grounds for arrest under Texas
More informationFourteenth Court of Appeals
Affirmed and Memorandum Opinion filed August 25, 2011. In The Fourteenth Court of Appeals NO. 14-10-00525-CR WILLIAM HOWARD CAVE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal
More informationFourteenth Court of Appeals
Affirmed and Opinion filed January 10, 2002. In The Fourteenth Court of Appeals NOS. 14-01-00125-CR and 14-01-00126-CR QUANG THANH DANG, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 262nd
More informationHow To Get A Dwi Charge Reduced To A Third Degree Felony
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00509-CR Glenn JOHNSON, Appellant v. The State of The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County,
More informationVOIR DIRE 2/11/2015 STATE OF TEXAS VS JANE DOE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER
STATE OF TEXAS VS JANE DOE VOIR DIRE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER 3. DESELECTION (TO MAKE THE JURY = SIT THERE & BE QUIET) 4. SOME QUESTIONS
More informationThe A-B-C s (without singing) of DUI offenses
The A-B-C s (without singing) of DUI offenses Attorneys Jackson J. Lofgren & Paul H. Myerchin Traffic Safety Partner Summit, April 7, 2015 Ramkota Hotel, Bismarck, ND What is a DUI? DUI driving under the
More informationIn The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01004-CR. NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee
REVERSE and REMAND; and Opinion Filed December 22, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01004-CR NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee
More informationVIRGINIA DUI FACTSHEET
VIRGINIA DUI FACTSHEET BOSE LAW FIRM, PLLC Former Police & Investigators Springfield Offices: 6354 Rolling Mill Place, Suite 102 Springfield, Virginia 22152 Telephone: 703.926.3900 Facsimile: 800.927.6038
More informationWhat should I do if the police ask me to take Field Sobriety Tests?
DWI A DWI is not like a traffic ticket. It is a much more serious offense that carries a penalty of up to 180 days in jail and up to a $2,000 fine for a first offense. Repeat DWI offenders increase their
More informationALABAMA s FELONY DUI STATUTE- A HISTORY. [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.
ALABAMA s FELONY DUI STATUTE- A HISTORY [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.] Felony DUI, as a statutory offense under the Alabama Code, was
More informationTexas Underage Drinking Laws. Texas Alcoholic Beverage Commission Education and Prevention Department P.O. Box 13127 Austin, Texas 78711
Texas Underage Drinking Laws Texas Alcoholic Beverage Commission Education and Prevention Department P.O. Box 13127 Austin, Texas 78711 Purchase of Alcohol by a Minor Exception: The minor is under the
More informationVermont Legislative Council
Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:
More informationIN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO. v. : T.C. NO. 2007 TRC 2065
[Cite as State v. Swartz, 2009-Ohio-902.] IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 2008 CA 31 v. : T.C. NO. 2007 TRC 2065 ROBERT W. SWARTZ : (Criminal
More informationIn The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01186-CR. LAURA SANDERS, Appellant V. THE STATE OF TEXAS, Appellee
ABATE and REMAND; and Opinion Filed February 4, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01186-CR LAURA SANDERS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from
More informationDrunk Driving in the United States: A Roadmap for Progress
Drunk Driving in the United States: A Roadmap for Progress J. H. Hedlund and A. T. McCartt Preusser Research Group, Trumbull, Connecticut, USA Abstract The study investigated why drunk driving in the United
More informationHire the Best Austin DWI Lawyer: The Charles Johnson Law Firm
The Charles Johnson Law Firm provides the highest level of representation in assisting our clients through the rigors of a DWI case. After you are charged with DWI in the Austin area, you are confronted
More informationAn Analysis of Idaho s Kootenai County DUI Court
An Analysis of Idaho s Kootenai County DUI Court AN ALCOHOL TREATMENT PROGRAM FOR PERSONS ARRESTED FOR THEIR SECOND DUI OFFENSE OR BAC OF 0.20% OR HIGHER Prepared for National Highway Traffic Safety Administration
More informationDUI (Driving Under the Influence)
DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08
More informationDUI... INSTANT CRIMINAL RECORD
DUI... INSTANT CRIMINAL RECORD TABLE OF CONTENTS Implied Consent How DUIs Are Handled p. 2 p. 2 I. DUI ADMINISTRATIVE PROCEDURES II. DUI COURT PROCEDURES A. Penalties B. First Offense Election C. IID License
More informationThe count is Driving While Intoxicated. Under our law, no person shall operate a motor vehicle while in an intoxicated condition.
DRIVING WHILE INTOXICATED (Misdemeanor/Felony 1 ) (Common Law) VEHICLE & TRAFFIC LAW 1192 (3) (Committed on or after July 1, 2003) (Revised January 2008 and December 2014) 2 The count is Driving While
More informationTOP 20 GENERAL RULES. Automatic Driver's License Suspension Provisions Page 1 AND FREQUENTLY ASKED QUESTIONS
TOP 20 GENERAL RULES AND FREQUENTLY ASKED QUESTIONS 1. WHAT ARE THE TYPES OF SUSPENSIONS? (Driver s License Suspension Guide) a. Automatic Suspensions on conviction: i. 21 years of age or older. TEX. TRANSP.
More informationNot in Our House. Alcohol & Your Child. www.2young2drink.com. Facts about Underage Drinking Every Parent Should Know
Not in Our House Report Underage Drinking 1-888-THE-TABC www.2young2drink.com Alcohol & Your Child Facts about Underage Drinking Every Parent Should Know Texas Alcoholic Beverage Commission www.tabc.state.tx.us
More informationAdult Probation: Terms, Conditions and Revocation
Adult Probation: Terms, Conditions and Revocation Mandatory Conditions of Community Supervision Restitution Mandatory that it be pronounced at sentencing Sauceda v. State, 309 S.W. 3 rd 767 (Amarillo Ct
More informationPRETRIAL DUI DIVERSION INFORMATION SHEET
PRETRIAL DUI DIVERSION INFORMATION SHEET If you have been charged with Driving Under the Influence of Alcohol and/or Drugs or an alcohol related charge, you may be eligible for consideration for the City
More informationMunicipal Court Convictions Court Cost Chart 01/01/2016 A B C D E F G H I J The costs and fees below must always be assessed upon conviction
Municipal Court Convictions Court Cost Chart 01/01/2016 A B C D E F G H I J The costs and fees below must always be assessed upon conviction (including deferred disposition). 1 Consolidated Court Cost
More informationCOURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS THE STATE OF TEXAS, v. JAVIER TERRAZAS, Appellant, Appellee. No. 08-12-00095-CR Appeal from the County Court at Law No. 7 of El Paso County, Texas
More informationDUI STOP WHAT TO EXPECT
A TENNESSEE DUI STOP WHAT TO EXPECT By Knowing What to Expect If You are Ever Stopped on Suspicion of Driving Under the Influence in Tennessee You May Appear Calmer and More in Charge, thereby Decreasing
More informationOccupational Licenses for Justice of the Peace Courts
Occupational Licenses for Justice of the Peace Courts Presented by G. Cole Spainhour Attorney at Law 1811 North Austin Avenue, Suite 204 Georgetown, TX 78626 Phone (512) 930-0797 cspainhour@outlook.com
More informationIN THE TENTH COURT OF APPEALS. No. 10-13-00109-CR. From the 85th District Court Brazos County, Texas Trial Court No. 11-05822-CRF-85 O P I N I O N
IN THE TENTH COURT OF APPEALS No. 10-13-00109-CR MICHAEL ANTHONY MCGRUDER, v. THE STATE OF TEXAS, Appellant Appellee From the 85th District Court Brazos County, Texas Trial Court No. 11-05822-CRF-85 O
More informationDWI Conviction Penalties. Penalty Overview
Penalty Overview As your Attorney, I will work to have your DWI charge dismissed or have you found not guilty. If DWI conviction penalties, such as a fine or jail time, are incurred, we will work together
More informationPresented by Rob Daniel Program Attorney, TJCTC rd48@txstate.edu
Presented by Rob Daniel Program Attorney, TJCTC rd48@txstate.edu You have just died in a traffic accident. What are the chances that you were killed by a drunk driver? 1. 10% 2. 25% 3. 35% In 2010, 1,075
More informationChapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)
Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;
More informationI just got arrested for a State of South Carolina DUI charge. What happens now?
I just got arrested for a State of South Carolina DUI charge. What happens now? ISSUE ONE: The South Carolina Implied Consent Proceeding: Under South Carolina's implied consent law, a person who drives
More informationHouse Bill 128, Amendments to
Utah Commission on Criminal and Juvenile Justice Utah Justice Research Brief October 2004 Child Endangerment and Driving Under the Influence Mike Haddon, Julie Christenson & Jace Garfield House Bill 128,
More informationTo: Commission From: Christopher Cavaiola and Laura C. Tharney Re: Title 39 Driving while intoxicated Date: July 11, 2011 M E M O R A N D U M
To: Commission From: Christopher Cavaiola and Laura C. Tharney Re: Title 39 Driving while intoxicated Date: July 11, 2011 M E M O R A N D U M Various officials have asked the Commission to consider revising
More informationCOMBATING DWI DEFENSES
COMBATING DWI DEFENSES I. THE IMPORTANCE OF PROSECUTING DWIS II. MAIN AREAS OF DEFENSE ATTORNEY ATTACKS Police reports / officer testimony Standard field sobriety tests (SFSTs) III. 2 ELEMENTS TO PROVE
More informationNEW JERSEY STATE PROFILE
The National Hardcore Drunk Driver Project NEW JERSEY STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
More informationThe count is Driving While Ability Impaired by Drugs.
DRIVING WHILE ABILITY IMPAIRED BY DRUGS (Misdemeanor/Felony 1 ) VEHICLE AND TRAFFIC LAW 1192(4) (Committed on or after Nov. 1, 1988) (Revised January, 2008) 2 The count is Driving While Ability Impaired
More informationIn Virginia, there is no panacea strategy
The Journal of the Virginia Trial Lawyers Association, Volume 22 Number 3, 2010 17 Criminal Law A balanced DUI defense strategy: The three-pronged method by Matthew D. Nelson and David B. Caddell In Virginia,
More informationAnnual Report On Drunk Driving In Springdale, Arkansas For the year 2012
Annual Report On Drunk Driving In Springdale, Arkansas For the year 2012 Prepared by: Springdale City Attorney s Office January 28, 2014 Table Of Contents TABLE OF CONTENTS I. General Summary of Arrests
More informationAbout D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green)
About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green) Introduction This pamphlet summarizes the penalties for violating several Alaska statutes relating to
More informationThe Nation s Top Strategies to Stop Impaired Driving. Introduction
The Nation s Top Strategies to Stop Impaired Driving Introduction NHTSA addresses traffic safety problems with a comprehensive range of approaches, including a focus on education and advising families
More informationProgram Descriptions:
Program Descriptions: Alcohol Education Alcohol education programs include underage drinking prevention and diverse community outreach. Underage drinking is America s number one youth drug problem, killing
More informationT E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O C O URT
T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O T RAFFIC C O URT A G UIDE T O T RAFFIC C O URT Prepared and distributed as a Public Service by the
More informationNEBRASKA DRIVING UNDER THE INFLUENCE (DUI) LAW
NEBRASKA DRIVING UNDER THE INFLUENCE (DUI) LAW (If convicted of DUI in Nebraska the following penalties will apply.) Revised February 2012 Class W Misdemeanor First Offense - 28-106 & 60-6,197.03 (1) 60
More informationUNDER WHAT CIRCUMSTANCES CAN I BE CONVICTED OF A DUI IN WYOMING?
FREQUENTLY ASKED QUESTONS (FAQ) ABOUT DUI CASES IN WYOMING By Eric F. Phillips, Attorney at Law 307-382-0975 or email eric@rockspringsattorney.com Nothing in this site is legal advice and nothing can replace
More informationFirst Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP
First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-00.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Saine and McCann, Cooke and Johnston, SENATE SPONSORSHIP
More informationHow To Get A Suspended Sentence For A Dui
JESUS PEREZ AND ASSOCIATES Attorneys and Counselors at Law 4111 South Richmond Chicago, IL 60632 Phone (773) 869-0955 Fax (773) 869-0956 JESUS PEREZ RECENT DUI and TRAFFIC CASE HIGHLIGHTS PAST RESULTS
More informationNJ PARALEGAL CONVENTION
MUNICIPAL COURT PRACTICE JASON KOMNINOS, ESQ. NJ PARALEGAL CONVENTION NJ Paralegal Convention October 23, 2015 Table of Contents I. Why Municipal Court Practice?.................................................
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, FOR PUBLICATION May 10, 2002 9:00 a.m. V No. 234940 Kent Circuit Court JOSEPH MARK WOLFE, LC No. 01-002134-FH Defendant-Appellee.
More informationGHB Laws- Possession, Possession for Sale and DUI of GHB
GHB Laws- Possession, Possession for Sale and DUI of GHB GHB is a narcotic or controlled substance and is regulated under the federal Controlled Substances Act; accordingly, its sale, possession for sale
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CAITLIN MICHELE SCHAEFFER, CASE NO.: 2014-CA-001818-O v. Petitioner, STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY
More informationIN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant
More informationJUVENILES BEHIND THE WHEEL LAWS FOR YOUNG DRIVERS
JUVENILES BEHIND THE WHEEL LAWS FOR YOUNG DRIVERS Mara Dudley Llano Municipal Court Where Are We Going? Identify relevant statutes applicable to young drivers Discuss the need for restrictive laws on young
More informationNO. COA11-480 NORTH CAROLINA COURT OF APPEALS. Filed: 7 February 2012. 1. Motor Vehicles driving while impaired sufficient evidence
NO. COA11-480 NORTH CAROLINA COURT OF APPEALS Filed: 7 February 2012 STATE OF NORTH CAROLINA v. Union County No. 10 CRS 738 DOUGLAS ELMER REEVES 1. Motor Vehicles driving while impaired sufficient evidence
More informationFirst Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP
First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-01.01 Richard Sweetman x HOUSE BILL 1- Waller, HOUSE SPONSORSHIP (None), SENATE SPONSORSHIP House Committees Judiciary
More informationPENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE
PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE Offense Mandatory Fine Maximum Jail Term Mandatory Action Against Your License DRIVING WHILE INTOXICATED OR WHILE ABILITY
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 12, 2014. STATE OF TENNESSEE v. TYRONE R.
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 12, 2014 STATE OF TENNESSEE v. TYRONE R. TEASLEY Appeal from the Circuit Court for Williamson County Nos. II-CR017000,
More information1. 2. 3. 4. 5. 6. 1. ARRAIGNMENT/BOND
SEMINAR MATERIALS IMPORTANT STEPS IN A DUI CASE 1. Arraignment/Bond 2. Charges Filed at West Virginia Division of Motor Vehicles (DMV) 3. Hearing Date 4. Plea Offers 5. Suppression Hearing 6. Trial 1.
More informationNone Intoxicated while driving Penal Code 49.01(2)(A) and 49.04. Yes Tran. Code 724.011(a)
STATE: General Reference: Basis for a DWI Charge: TEXAS Most citations are to Vernon's Texas Transportation Code, Penal Code, Alcoholic Beverage Code or Code of Criminal Procedure. Standard DWI Offense:
More informationDriving under the influence of alcohol, drugs, or other intoxicating substances;
OCGA 40-6-391 Brief Description Driving under the influence of alcohol, drugs, or other intoxicating substances; Statutory Language (a) A person shall not drive or be in actual physical control of any
More informationPennsylvania DUI Handbook
Pennsylvania DUI Handbook Published by: The Martin Law Firm, P.C. The Martin Law Firm, P.C. 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215.646.3980 www.jbmartinlaw.com Although DUI drunk driving
More informationREDUCING VERMONT S DUI PER SE LIMIT Richard A. King, B.A.
ISSN: 2161-0231 (ONLINE) REDUCING VERMONT S DUI PER SE LIMIT Richard A. King, B.A. ABSTRACT This article examines the appropriateness of reducing Vermont s DUI Per Se limit from.08 to.05 based upon current
More informationTHANK YOU FOR REQUESTING AND READING THIS INFORMATION.
THANK YOU FOR REQUESTING AND READING THIS INFORMATION. The fact that you have taken the time to request this book shows you are serious about winning your DUI case. I only work with people who want to
More informationDui Questions And Answers California Dmv Permit Test
Dui Questions And Answers California Dmv Permit Test Georgia DDS test questions for Permit Practice and Driver's License Practice. All the GA DDS practice tests, questions, and answers you need to pass.
More informationMARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF
Nos. 05-11-01575-CR and 05-11-01576-CR The State Waives Oral Argument 5th Court of Appeals FILED: 06/04/2012 14:00 Lisa Matz, Clerk IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS MARK
More informationChapter 1: What is a DUI roadblock in Massachusetts? A drunk driving roadblock in Massachusetts is when the police
Chapter 1: What is a DUI roadblock in Massachusetts? A drunk driving roadblock in Massachusetts is when the police block off an area of the road to check every car coming by the roadblock to ensure that
More informationIN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT
IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,
More informationHow To Prove That A Person Is Drunk
THE VIRGINIA DWI/DUI STATUTE As of July 1, 2005, the Virginia Driving While Intoxicated statute ( 18.2-266) consists of five (5) distinct subsections: (i) through (iv). The first section (i), commonly
More informationNo. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS. JANET MARIE VICKERS, Appellant
The State Requests Oral Argument Only If Appellant Argues No. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS JANET MARIE VICKERS, Appellant I (J) )> 7 _L> --i N
More informationCOURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-07-297-CR RANDALL DORNBUSCH APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM COUNTY CRIMINAL COURT NO. 4 OF DENTON COUNTY ------------
More informationTHANK YOU FOR REQUESTING AND READING THIS INFORMATION.
THANK YOU FOR REQUESTING AND READING THIS INFORMATION. The fact that you have taken the time to request this book shows you are serious about winning your DUI case. I only work with people who want to
More informationFourth Court of Appeals San Antonio, Texas
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00816-CV IN THE INTEREST OF A.M.L., a Child From the 38th Judicial District Court, Medina County, Texas Trial Court No. 12-11-21526-CV
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA EDWARD B. ANDRADE, CASE NO.: 2014-CA-002431-O v. Petitioner, STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON April 1, 2014 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON April 1, 2014 Session STATE OF TENNESSEE v. KEVIN CORTEZ CHRYSTAK Appeal from the Circuit Court for Madison County No. 12-550 Nathan B. Pride, Judge
More informationHow To Get A Suspended Sentence In Texas
NO. 05-10-01117-CR IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS DALLAS, TEXAS COREY TERRELL GARDNER, Appellant v. THE STATE OF TEXAS, Appellee Appeal from the Criminal District Court No. 2 Dallas County,
More informationJESUS PEREZ AND ASSOCIATES Attorneys and Counselors at Law. JESUS PEREZ RECENT DUI and TRAFFIC CASE HIGHLIGHTS
JESUS PEREZ AND ASSOCIATES Attorneys and Counselors at Law 4111 South Richmond Chicago, IL 60632 Phone (773) 869-0955 Fax (773) 869-0956 JESUS PEREZ RECENT DUI and TRAFFIC CASE HIGHLIGHTS PAST RESULTS
More informationJune 2006 Dear Traffic Safety Partners: The Wisconsin Department of Transportation, Bureau of Transportation Safety is pleased to provide you with a copy of the 2003 Wisconsin Alcohol Traffic Facts book.
More informationCOURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00020-CR EX PARTE DIMAS ROJAS MARTINEZ ---------- FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ----------
More informationSECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}
LFC Requester: AGENCY BILL ANALYSIS 2015 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING, EMAIL ANALYSIS TO: LFC@NMLEGIS.GOV and DFA@STATE.NM.US {Include the bill no. in the email subject line, e.g., HB2,
More informationWisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure
Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests.
More informationAnnual Report On Drunk Driving In Springdale, Arkansas For the Year
Annual Report On Drunk Driving In Springdale, Arkansas For the Year Prepared by: Jeff C. Harper Springdale City Attorney December 1, 2011 2010 INTRODUCTION This is the 12 th Annual Report on Drunk Driving
More informationSEARCH & SEIZURE DWI MOTIONS TO SUPPRESS
SEARCH & SEIZURE DWI MOTIONS TO SUPPRESS ROBERT N. UDASHEN Sorrels, Udashen & Anton 2301 Cedar Springs Road, Suite 400 Dallas, Texas 75201 214-468-8100 (Phone) 214-468-8104 (Fax) www.sualaw.com rnu@sualaw.com
More information2014 Changes in DUI Law
2014 Changes in DUI Law Mississippi Code 63-11-30: All the following changes take effect on October 1, 2014. Driving under the influence as provided by 63-11-30: (1) It is unlawful for a person to drive
More informationILLINOIS STATE PROFILE
The National Hardcore Drunk Driver Project ILLINOIS STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
More informationDUI Enforcement. Timothy J. Dorn, Chief of Police. Effective: 12-21-98 Approved By: Supersedes: 904, Rev. 02-13
-- DUI Enforcement Effective: 12-21-98 Approved By: Supersedes: 904, Rev. 02-13 Timothy J. Dorn, Chief of Police A. Initial Investigation 1. Officers will use the field sobriety test (FST) work sheet on
More informationROBERT REY GARZA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF
IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS ROBERT REY GARZA, Appellant vs. THE STATE OF TEXAS, Appellee On appeal from the Criminal District Court No. 6 of Dallas County,
More informationDRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION
DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION prepared by: LAW OFFICES OF MARK L. HORWITZ A Professional Association 17 East Pine Street Orlando, Florida 32801 (407) 843-7733 CRIMINAL CHARGE
More informationPennsylvania's new DUI law, the bulk of which went into effect February 1, "goes too far" according to local defense attorneys.
Search Archives Search Wednesday, March 10, 2004 Local Sections Front Page News Reporter-Argus Sports Obituaries Features Outdoors Opinion Community Calendar Links Classifieds Online Sections National
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. JOSHUA ALLEN KURTZ Appellant No. 1727 MDA 2014 Appeal from the
More informationIN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA ) ) Appellee, ) 1 CA-CR 13-0096 ) ) V. ) MOHAVE COUNTY ) David Chad Mahone, ) Superior Court ) No. CR 2012-00345 Appellant. ) ) )
More informationOhio Drunk Driving Defense Guide
Ohio Drunk Driving Defense Guide If you have been charged with drunk driving in the state of Ohio this indispensable guide will help you to understand the criminal justice process you face. Provided by
More informationThe South Dakota 24/7 Sobriety Project: A Summary Report 1
The South Dakota 24/7 Sobriety Project: A Summary Report 1 Judge General Larry Long a Stephen K. Talpins b Robert L. DuPont, M.D. c a Second Judicial Circuit of South Dakota; Former Attorney General of
More information42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.
42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol
More informationSTATE OF ARIZONA, Appellee, TEMA FINGI, Appellant. No. 1 CA-CR 14-0043
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION
More information