(844) 815-9632

DUI probation

After a DUI Arrest, Don’t Forget Your DMV Hearing

In the aftermath of a DUI arrest, it's important to remember that in addition to the criminal charges you are facing, you may also have a limited amount of time to request a hearing with your state's DMV in order to avoid a lengthy driver's license suspension. In most states, immediately following a driving under the influence arrest, a person essentially has two different cases to deal with: the criminal case in criminal court and the administrative case through a state's Department of Motor Vehicles or equivalent vehicle registration agency. Why is it important to know about this administrative hearing process? Driver's License Suspension In most states, a driver who's been pulled over and cited for suspected DUI will have his or her driver's license automatically suspended. In order to have your driver's license reinstated, a person arrested for DUI must file a request for a hearing within a specific number of days, typically 10, although the exact deadline varies by state. In Colorado, for example, drivers who have their license revoked following a DUI arrest only have 7 days to request a hearing. Even if your criminal DUI charges are dropped or you negotiate a plea to a lesser charge -- such as a "wet reckless" -- failure to request a DMV hearing may mean that your driver's license will remain suspended or revoked (although in some states, such as California, you may be able to regain your driving privileges if you are acquitted in criminal court). What Happens at a DMV Hearing? The DMV hearing is an administrative, not criminal, proceeding, but you still have the right to have an attorney present. You can also present evidence and testimony on your own behalf. Unlike in criminal court, where a person must be found guilty beyond a reasonable doubt, DMV hearings generally operate under a lower "preponderance of the evidence" standard of proof similar to that often found in civil trials. The DMV hearing is not conducted in front of a judge, but rather a hearing officer. However, the hearing is similar to a criminal trial in that the law enforcement officer who made the arrest must show that you were lawfully arrested for operating a vehicle over the legal limit of intoxication or that you refused to submit to a chemical test in violation of a state's implied consent laws. If you have questions about DMV hearings in your state, a DUI attorney will know the law and may be able to help you regain your driving privileges. You can also learn more about DUI arrests, charges, and penalties at FindLaw's section on DUI Law. Related Resources: Browse DUI / DWI Lawyers by Location (FindLaw) How to Reinstate a License After a DUI (FindLaw's Blotter) Top 5 Questions to Ask a DUI Lawyer (FindLaw's Blotter) What Happens If You Refuse a DUI Breath Test? (FindLaw's Blotter)
continue reading

Can a Winter Storm Travel Ban Get You Arrested?

The Northeast is preparing for a snowstorm that could bring what The New York Times calls "near hurricane-force winds." the governors of Connecticut, New York, and New Jersey have declared states of emergency, with New York Gov. Andrew Cuomo ordering a shutdown of the New York City subway and bus systems starting at 11 o'clock tonight. New York City Mayor Bill de Blasio took the additional step of declaring a travel ban, also starting at 11 p.m. this evening. What does such a ban mean, and what happens if you disobey the order? A State of Emergency New York state law empowers the chief executive of any county or city -- like a mayor -- to declare a local state of emergency and issue orders establishing curfews, preventing people from being on the road, and close "places of amusement and assembly." Knowingly violating an emergency order is a Class B misdemeanor, which carries a maximum fine of $500 and/or a sentence of no more than three months in a county or regional correctional facility. Officers have the discretion to do everything from citing an offender to arresting him. Walk, Don't Drive (On 2nd Thought, Don't Even Walk) De Blasio's order requires non-emergency vehicles to be off the streets by 11 p.m. He was quick to point out that the ban applies to any vehicle that's not an emergency one, even food delivery bicycles. First responders and "essential" public servants, however, will be permitted to use the roads. The order doesn't apply to foot traffic on a sidewalk, so residents who absolutely have to get somewhere in a non-emergency can still walk there -- though given the extreme measures the city and state are imposing, it's probably not a good idea. However, if de Blasio did want people to remain inside, period, he could have issued a curfew requiring everyone to remain indoors after 11 p.m. (As of this posting, there is no curfew in place.) Connecticut Gov. Dannel P. Malloy issued a similar order that applies to the entire state of Connecticut and will take effect at 9 p.m. The penalty for violating that state's driving restrictions could be a $92 fine, according to the Hartford Courant.Malloy said, however, that police and state troopers wouldn't be towing cars that violated the ban, as they would probably have more important things to worry about. Related Resources: RI Issues Travel Ban; Motorists Could Be Arrested (Providence, Rhode Island's WPRI-TV) Blizzard 2015: Things to Know (CBS News) Ice Storm Car Accidents: Prepare for the Worst (FindLaw's Injured) Is It Legal to Trespass in an Emergency? (FindLaw's Law and Daily Life)
continue reading

5 Reasons Criminal Trials Are Often Delayed

Although an accused criminal is often arrested immediately following an alleged crime, that person's criminal trial may take years to complete because of delays in the proceedings. The ongoing trial of accused Colorado theater gunman James Holmes, for example, was delayed several times before jury selection began earlier this week. According to Yahoo! News, the trial has been delayed for two and a half years, more than three times the timetable recommended by the Supreme Court of Colorado for felony criminal cases. The case has already had five trial dates and two judges, with a request for a third denied. In addition, more than 1,700 motions, notices, orders, and other court documents have been filed in the case. What are some of the more common reasons for delays in a criminal trial? Here are five: Psychiatric evaluations. Criminal trials may be delayed while the defendant undergoes psychiatric evaluation to determine whether or not he is fit to stand trial. The trial of another accused gunman, Jared Loughner -- who was convicted of killing six people in a shooting in which former Congresswoman Gabrielle Giffords was also injured -- was delayed for more than a year after Loughner was found mentally unfit. Loughner eventually plead guilty. Change of venue. In high-profile cases like Holmes', defense attorneys often ask for a change of venue, arguing that it'd be impossible for their client to get a fair trial in the jurisdiction where the crime occurred. This may lead to delays, even if the request is eventually denied, as it was in Holmes' case. More time needed to prepare. Trial delays may also be granted if attorneys can show they have not had adequate time to prepare. Judges generally have wide discretion to grant delays in order to allow attorneys to prepare or review evidence. But these requests may also be denied, as it was in the trial of George Zimmerman when his attorneys requested a six-month delay to ready their case. Scheduling conflicts. If an attorney involved in the case has a scheduling conflict with another case, a judge may agree to delay a trial in order to accommodate the attorney. In some instances, a judge may even agree to delay a trial for more personal reasons, such as the birth of a lawyer's grandchild. Emergencies. Personal emergencies, such as medical issues or family issues, may also delay a trial. But criminal trials are generally bound by a defendant's constitutional guarantee of a speedy trial (though this can potentially be waived). The need for a speedy trial may compel a judge to deny a request for a continuance, even if it means an attorney is obligated to appear in court along with her newborn baby. Find more information about criminal proceedings, criminal procedure, and a defendant's constitutional rights at FindLaw's section on Criminal Trial. Related Resources: Browse Criminal Defense Lawyers by Location (FindLaw) Zimmerman Seeks 6-Month Trial Delay (FindLaw's Blotter) Why Do DUI Cases Take So Long to Resolve? (FindLaw's Blotter) Judge Urged to Reject Rod Blagojevich Trial Delay (FindLaw Blotter)
continue reading

What Happens After a DUI in a Foreign Country?

Getting a DUI in a foreign country is bad news -- just ask "Star Trek" actor Chris Pine, who had to pay more than $400 in fines and court costs after a drunken-driving arrest in New Zealand, Reuters reports. Although it's unclear how Pine's out-of-country DUI will affect him back in the United States, generally speaking, a foreign DUI can still have an impact after you return to your home country. Here are four things that could potentially happen after getting a DUI in foreign country: Your immigration status may be affected. Although foreigners who are first-time DUI offenders in the United States probably won't get deported unless there are other factors that make it a crime of violence or aggravated felony, the conviction could hurt their immigration status. For foreigners who want to become naturalized U.S. citizens, a DUI could be a roadblock to meeting the "good character" requirement. Expungement may not be an option. Expungement is a legal process that allows a past arrest or conviction to be erased from an individual's criminal record. Depending on the law of the country where your DUI conviction occurred, you may not be able to expunge the crime from your record. If the record isn't expunged, it can come up in background checks. It may impact sentencing for other crimes. Although the DUI occurred in a foreign country, that conviction or arrest can be considered if you're being sentenced for another crime in the States. Repeat offenders tend to get harsher punishments than first-time offenders, so a DUI in another country can still follow you back home and count against you. You may be barred from going back to the foreign country. Visitors with a criminal record may be denied entry into a foreign country. Even high-profile celebrities aren't immune from this: You may recall Mike Tyson was barred from entering the United Kingdom because of a rape conviction. Under UK law, travelers who've been convicted of an offense that includes a prison term of at least four years can potentially be denied entry. Several other countries have similar types of entry laws. Perhaps it's the anonymity of being in a foreign country that causes some people to forget to follow drunken-driving laws. If you're concerned about how a DUI in a foreign country will affect you back home, consult an experienced DUI attorney for more help. Related Resources: Chris Pine Drunken Driving: 'Star Trek' Actor Pleads Guilty To DUI Charges In New Zealand (The Associated Press) Victim of Crime Abroad? Here's What to Do (FindLaw's Blotter) Can You Expunge Out-of-State Convictions? (FindLaw's Blotter) What to Do If You're Arrested in a Foreign Country (FindLaw's Blotter)
continue reading