Archive for June, 2011
Post Conviction Relief Petition Rule 32 – Justification
www.dmcantor.com Arizona Criminal Attorney David Cantor discusses Post Conviction Relief Petition for Justification and recent changes to Arizona Law. This is an important issue for anyone involved in a case where something like self defense was involved in a violent crime. In Arizona prior to 2006 is was the burden of the defendant to prove they had justification of self defense. After 2006 the burden was shifted to the state to prove that there was no justification for self defense. If you or someone you know was convicted of a crime and justification was involved in the defense prior to 2006 and after 1997 then you should contact us immediately. Whether you are done with the sentence or still serving time we can work to either expunge your record, plea it down to a lesser charge, or some other option. Call us today and let us take a look at your case to let you know if something can be done.
Los Angeles Drunk Driving Accident Attorneys, Lawyers. Los Angeles DUI Facts and Statistics
***Find a pre-screened DUI attorney in Los Angeles 661-310-7999. Lawyer referral serviced approved by the CA Bar Association***
California DUI/DWI Facts and Statistics
Drunk driving or driving under the influence (DUI) is the act of driving a motor vehicle under the influence of alcohol or while in an inebriated condition. It is a common problem in the United States and the rest of the world. DUI is responsible for 41 percent of total traffic deaths.
Alcohol tends to get absorbed into the bloodstream and is carried to the brain immediately upon consumption. Laws in the US in relation to DUI have become extremely strict. In the state of California alone there are approximately 200,000 arrests for DUI every year. The law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.
Based on California law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above a .08% Blood Alcohol Content.
California Highway Patrol records, 1998 states that in 1997, a total of 31,189 people were injured in alcohol-related traffic accidents in California. This comes down to approximately 86 people per day. Injuries caused in such accidents comprise of roughly 10.94% of the total 284,871 traffic injuries in California. It also states that in 1997, a total of 1,100 people were killed in alcohol-related accidents in California – this equates to 3 people per day. These deaths roughly represent almost 29.96% of the total 3,671 traffic fatalities in California.
Strict and stringent laws have been enacted to deal with offenders caught while DUI. Jail sentences range from 2 days to 120 days depending on the intensity of the offence. Similarly DUI schooling may also be recommended. This may range from 15 weeks to 18 months. Sale of the vehicle or impounding may also take place with the proceeds going towards charity.
Statistics have proved that since the enactment of the 0.08% blood alcohol count, the DUI arrests have decreased by an assenting rate of 45%. The number of deaths and injuries has also shown a 50% decrease. This is a positive indication, which proves that to an extent, the imposition of fines and punishments has shown affirmative results.
Alcohol offenses are serious crimes, which carry major consequences if convicted. An alcohol related crime can be one of many subcategories including, DUI, DWI, underage drinking, public drunken behavior and the illegal distribution, production and sale of liquor.
If you have been charged with any of these crimes, 1000Attorneys.com can help you find a pre-screened lawyer who specializes DUI charges in California. All Attorneys are insured and monitored by a process approved by the California Bar Association and the Supreme Court.
Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver’s license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing.
The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license.
A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.
Originally published here.
State Bar Approved Lawyer Referrals
Criminal Defense and Protecting Your Rights
If you are confronted with a criminal charge, you may be facing losing your freedom, paying heavy fines, or spending time in jail or prison. Criminal law is the area of law that deals with the prosecution of an individual charged with an unlawful act known as a crime.
If you have been charged with a crime, you will want an experienced criminal defense attorney on your side to protect your rights. The process of a criminal defense case can be very confusing and stressful for anyone who does not have the knowledge and experience needed to seek a fair and lawful outcome.
Criminal defense cases include:
· DUI/Drunk Driving
· Drug Charges
· Municipal Court
· Domestic Violence
· Violent Crimes
· Sex Offenses
· Criminal Record Expungement
Criminal Defense and Family Law
A domestic violence charge has the potential of harming the outcome of your family law case if you are going through a divorce, custody battle, or any other family-related case. A negative outcome to your domestic violence case may affect the decision of the court in your family law case. A domestic violence charge could cause you to lose your rights to see your children, limit the time you have with your children, result in supervised visitation, or leave you with a restraining order.
You do not want to take any chances when it comes to criminal and family law cases. Being convicted of a criminal act will drastically change your personal, business, and family life. You will want a criminal defense attorney on your side to help with your criminal defense case.
Why You Need a Criminal Defense Attorney
You do not want to take chances with going through the courts without a criminal defenses attorney. You may face punishments that are to the full extent of the law. A criminal defense attorney who knows the criminal defense process will be able to see any flaws in the investigation of your case that may help with a case dismissal or with a punishment that is less severe.
A criminal defense attorney will be able to guide you through the decisions of your case to help you get the most lawful outcome. Your attorney may be able to arrange for a plea bargain or, in some cases, a complete dismissal of all charges against you. Your attorney will be the best person to go to for advice on defense strategies for your specific case.
Originally published here.
Sara Goldstein
