Tag Archive for: Attorney

DUI case to be re-investigated. A month-old Conecuh County DUI case is being re-investigated because, despite the driver allegedly registering a blood/alcohol content over twice the legal limit, no criminal charges were filed. A warrant has been sought by law enforcement officers pursuing the case.

Timothy Alan Treece, 49, had crashed his SUV near his Conecuh County home on February 22. After his vehicle overturned on the highway, he flagged down a passing motorist to assist him in rolling it back onto its tires. He proceeded to drive to his home. Where the SUV caught fire as a result of damage sustained in the crash. Treece called 911.

Witnesses state that police had arrested Treece at the scene. But as Treece waited in a patrol car, his father-in-law arrived and phoned Conecuh-County Sherriff Edwin Booker. Treece was subsequently allowed to go free.

Typically, those suspected of DUI are taken to the county jail. Furthermore, to be processed into the system and to await bail.

The Press-Register report can be found here.

Such irregularities may damage the state’s case against Treece, should he be formally charged with DUI. While this may not represent a typical DUI case, it does highlight the ways in which procedural anomalies can, and do, occur. If you’ve been charged with DUI, you need an attorney who can protect your rights by exploring every aspect of your situation—including whether or not the state mishandled your case.

Man with 25 arrests for DUI sentenced to prison. A 39-year-old man arrested “at least” 25 times for drunk driving has been sentenced to a seven-year prison term in Virginia, according to a report from the Associated Press. The DUI arrests took place in Alabama and Georgia as well as Virginia.

Tracy Michael Decker’s prison sentence will not be his first. Decker served a four-year prison term after being arrested for DUI in 2006. Police determined that his blood-alcohol level had reached .28. Additionally, police found an open container inside his vehicle, along with passengers: two four-year-old children. They were not riding in car seats.

Following Decker’s prison term, he was arrested repeatedly for DUI in Alabama—four times in eight months.

Man with 25 arrests for DUI sentenced to prison conclusion: After Decker’s release following this latest sentence, he will be barred from driving for 20 years.

DUI is a serious charge. The severity of the penalties increases sharply with repeat offenses. Decker’s situation may be somewhat unusual—25 DUI arrests is quite a high number—but jail time and loss of license do become mandatory after two or three convictions. With so much at stake, qualified legal counsel is essential.

For more informative blogs by Alabama Outside Counsel click here.

Personal Breathalyzers May Help Users Avoid Repeat DUI Offenses. In the state of Alabama, a first DUI conviction carries a maximum possible sentence of up to a year in prison, fines of up to $2,100, and a 90-day driver’s license suspension. Jail time is not mandatory; however, the fines and suspension are. But even without jail time, these penalties can compromise an ordinary person’s ability to perform everyday activities, such as driving to work or paying one’s expenses on time.

The penalties increase with repeat DUI offenders. With a second conviction, the fines increase to a maximum of $5,100, loss of license for one year, and mandatory jail time or community service.

After a third conviction within five years, no less than 60 days’ jail time becomes mandatory, fines can reach $10,000, and the license revocation period extends to 3 years.

A fourth DUI conviction in a 5-year period is a Class C felony. The penalties include up to 10 years in prison, a $10,000 fine, and a 5-year revocation of your driver’s license.

You should never drive drunk. In today’s economy, even a $2,500 fine for a first DUI offense can be crippling. But if you are convicted of DUI, the need to avoid further DUI arrests is that much greater.

Along with common-sense measures like using a designated driver, a personal breathalyzer may be of help. A number of breathalyzers are available on the market for civilian use, sold at a variety of price points and boasting a variety of features. However, there are a few features your breathalyzer must have:

1. FDA certification. The Food and Drug Administration is the federal agency responsible for regulating medical devices, and breathalyzers technically fall into that category. FDA certification means that your breathalyzer is “safe and effective” in operation. After all, avoid breathalyzers that don’t have it.

2. Furthermore, extra mouthpieces. A good breathalyzer will have a mouthpiece that can be removed and washed, and extra mouthpieces will be included. Avoid breathalyzers with a fold-out mouthpiece, and breathalyzers that you simply blow on; these tend not to be as accurate. Always use a clean mouthpiece.

3. Clear instructions. Breathalyzers can’t produce accurate results if they are not used properly. Although, instructions should be simple and easy to understand.

4. Accuracy. Inaccurate breathalyzers can mislead users into believing their blood alcohol level is higher or lower than it really is. Try to find a breathalyzer with an accuracy range of +/- .02. More accurate models exist—the best seems to be +/- .005—but such a high degree of accuracy comes with a higher price tag, and may be more than you need.

For more information, read the drinkinganddriving.org report here.

With each DUI conviction, avoiding another becomes increasingly crucial. However, speak with your DUI attorney for more information.

For more informative blogs by Alabama Outside Counsel click here.

Police Chief Sentenced In DUI Case. On Tuesday, Lauderdale Circuit Court Judge Gil Self sentenced Tuscumbia Police Chief Tony Logan to two years’ supervision by a court referral officer, 90 days’ suspension of his driver’s license, and a $761 fine for a 2009 DUI arrest. Logan will also serve on the county’s victim’s’ impact panel. In addition, Logan was sentenced to a year in prison. However, the judge reduced his prison term to the two days he has already spent in jail.

Logan’s defense attorneys will appeal Logan’s DUI conviction.

Logan was arrested on December 5, 2009. After he struck his mailbox and police cruiser with his personal vehicle outside his Florence home. He was suspended from his position as police chief until March 2010.

Earlier in Logan’s trial, his defense team argued that he had been treated unfairly by prosecutors due to his career in law enforcement. However, the judge made it clear that Logan’s would be the same sentence he often gives for first-time DUI offenders.

While the case is pending appeal, Logan will be able to keep his driver’s license, and the fine and supervision will be postponed until the conclusion of the appeals process.

Prosecutors expressed satisfaction with the sentence. Brandon Hughes, who serves as traffic enforcement prosecutor in the Alabama Office of Prosecution Services, agreed that Logan should not be subjected to unusually harsh penalties because of his job.

DUI Charge In School Bus Collision. The Birmingham News reports that William Churchill McCarty, 50, has been charged by Hoover police with driving under the influence in the wake of a collision with a school bus last Tuesday.

Several witnesses noticed McCarty driving erratically in his pickup truck. McCarty’s truck swerved into the oncoming lane and hit the front corner of the school bus.

McCarty was taken immediately into custody. Police revealed that he had been charged with DUI later that day.

The accident occurred at approximately 8 a. m. The bus was on its way to Simmons Middle School. The bus driver and one student were taken to UAB Hospital and Children’s Hospital, but it seems that neither sustained serious injuries.

DUI Charge In School Bus Collision Conclusion: Depending on the nature of the injuries sustained by the bus driver and student, and the extent of the damage to the bus itself, McCarty could face additional penalties beyond a basic DUI charge. Therefore, including higher fines and more jail time. In such cases, the services of an aggressive attorney are urgently needed to protect the legal rights of the accused.

For more informative blogs by Alabama Outside Counsel click here.

Cracking down on DUI above .15

I thought it would be a good idea to talk about some of the new DUI penalties drivers face.  For instance, he new DUI law takes the penalties under the old law. Therefore, doubles them for individuals who have a blood alcohol concentration (BAC) over .15.  This means higher fines and possibly longer incarceration if the court finds that to be a necessary penalty.

DUI fines

Moreover, for a person who is convicted of their first DUI, their minimum fine would be $600.00. Under the new law, the minimum fine would be $1,200.00 for a person with a BAC .15 or over.  For a person convicted of a second DUI within five years, they would normally face a $1,100.00 minimum fine.  

If that same person were to have a BAC over .15, their minimum fine would be $2,200.00.  For a third conviction within five years, the minimum fine would normally be $2,100.00.  However, for a BAC over .15, the minimum fine would be $4,200.00.  For a fourth conviction within five years, a person is going to be forced to pay a minimum fine of $4,100.00.  For a BAC over .15, the minimum fine would be $8,200.00.  The fourth conviction will also result in a conviction of a class C felony.  The doubled penalties also apply to anyone convicted of DUI with a child under the age of 14 in the vehicle.

Other DUI penalties

Other than fines, a person convicted of DUI will also be subject too incarceration of not more than one year in jail.  The Department of Public Safety will suspend the license of a person convicted of DUI for 90 days for the first DUI conviction.  For a second DUI conviction, the Department of Public Safety will revoke their driver’s license for one year.  Upon a third conviction, the Department of Public Safety will revoke their driver’s license for three years.  For a fourth DUI conviction, the Department of Public Safety will revoke their driver’s license for five years.  On top of the above mentioned penalties, an individual convicted of DUI will also be required to attend some type of counseling mandated by the state of Alabama.

As you can see, the state has a myriad of penalties an individual convicted of DUI will be faced with.

Avoiding a DUI

Holiday DUI Dos and Don’ts. The number one thing I recommend to avoid getting DUI is to not drink and drive. Barring that, there are several important things to remember in order to avoid getting DUI. The first thing to think about is why you were stopped in the first place. Were you driving erratically (e.g., swerving, ran a stop sign, crossed the center line) or were you merely speeding. If you were stopped because you just ran over the curb then you might be in a little more trouble than the person who was speeding. One of the first things an officer/deputy is going to notice is your driving behavior. If you have been drinking, you need to be extra cautious while operating a motor vehicle.  This is just one  several ways to protect yourself from DUI.

The second indicator to think about is your appearance.  This is the time where an officer/deputy starts to develop probable cause to go farther in their DUI investigation.  Did you spill alcohol all over your clothes before you left the bar?  Do you look like you just climbed out of bed (e.g., blood shot eyes, hair standing straight up, shirt half untucked)?  This may seem silly but the truth of the matter is, an officer will list all of these things in their report to show you are guilty of DUI.  To me, a driver’s license is too important to lose over an untucked shirt.

The third indicator to think about is what you say and how you say it.  When I worked as a police officer, people would always feed me the same line when I asked how much alcohol they had consumed.  The answer was always two beers.  This was an automatic indicator that they were probably gonna blow a .15.  You always have the right to refrain from answering any question you feel will incriminate yourself.  On the same note, if you know your speech is slurred, only speak when spoken too.  It is like my mom used to say, God gave you two ears and one month, listen twice as much as you speak.

The fourth indicator of DUI is field sobriety tests (e.g.,horizontal gaze nystagmus, walk and turn, one leg stand).  If you do not feel comfortable taking a field sobriety test, it is okay to refuse.  When you refuse to take a field sobriety test, this takes a major chunk out of the prosecution’s case.  Without these tests, the prosecution has to rely on the officer’s observations of your driving and appearance.  This undercut their case significantly.

The fifth and final indicator of DUI is the Dräger Alcotest.  When you’ve gotten to this point, you have probably been arrested.  That does not mean you will necessarily be convicted.  When it comes to taking the Dräger Alcotest, it is okay to refuse.  In fact I would recommend you refuse.  There is one caveat to refusal.  The state will automatically suspend your license for 90 days with a refusal.

Summary

1)     Be aware of how you are driving.

2)     Think about your appearance.

3)    Try not to talk too much.

4)     Remember you do not have to take a field sobriety test.

5)     Breathalyzers are not always reliable.