Rodney's DUI Talk

illinois dui forum

DWI Lawyer in Texas-Should I Just Plead Guilty to My Charge?

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2nd dui offense ohio

In Ohio, what is the penalty for violating probation...?

He violated his probation by getting another DUI it is his 2nd offense, he did not report it to his P.O. which i know is a violation itself, and he is now serving 90 days in jail in another county, on January 17 he has an appointment with his P.O. to end his previous probation..on his first offense he served 60 days with 4 years probation... I want to know what will his penalties be? Would it help his case if his family would notify his P.O. before the 17th and tell her where and what happened since he didnt? Its mentioned about you would get the original charge so would this be the 4 years? Dont quite understand that...Need Serious Answers Please...

I can't speak for Ohio, but in a situation like this in Indiana, it will most definitely help his situation if someone notifies his PO... His PO is going to run his criminal history in preparation of the probation discharge, and she will definitely find the new arrest...and that will just compound the probationer's problems... Call the PO...

Since he's on probation for 4 years, I'm guessing it's for a felony... And if this is his second DUI that he was just arrested for, that's likely a felony, too... Committing a new felony while on felony probation is not good... Worst-case scenario is that he could be ordered to serve his entire suspended sentence (probably 4 years, minus the 60 days he has already served, from the way you describe it) in jail... But he may be able to work out an agreement to serve less time than that by admitting the violation without a contested hearing, by getting into substance abuse counseling if he is released from jail before he goes back to Court on the violation, and by not trying to hide the new arrest from the PO... The PO is not going to be very motivated to show any leniency in her recommendation to the Court if all he has done is commit a new offense and then tried to hide it from her...

James Posey - Three Colors MIX by MISIEK

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pa dui guidelines

Accelerated Rehabilitative Disposition

Accelerated Rehabilitative Disposition, or “ARD”, is a pre-trial diversion program in Pennsylvania “designed to divert first-time DUI offenders from the criminal justice system.”1 Acceptance into the ARD program will suspend the prosecution of a case before trial (in other words place the case on hold) as long as the defendant complies with certain conditions imposed by the court.2

A defendant accepted into the ARD program is placed under supervision for a specified period of time.  ARD supervision is a lot like probation.  If the defendant successfully completes the ARD program, the DUI charges will be dismissed and the defendant may apply for an “expungement,” which is a court-ordered deletion of the arrest record and the ARD disposition.3

Pennsylvania DUI law requires each county to establish and maintain an ARD program for first DUI offenders.  In Erie County, eligibility for the Erie County ARD Program is solely determined by the Erie County District Attorney.  The Erie County District Attorney’s Office enjoys broad discretion in deciding which cases will be accepted into ARD and has established guidelines for this purpose.  Under Pennsylvania DUI law, a first-time DUI offender has no right to be accepted into the Erie County ARD program and eligibility is determined on a case by case basis.   

PA DUI law permits each county to establish its own policies governing admission into ARD.  First DUI offenders are often treated differently from county to county when it comes to being accepted into ARD.  One should not assume that acceptance into ARD is guaranteed just because he or she is a first-time DUI offender.  The Erie County District Attorney is known for taking a hard-line stance against drunk drivers.   For instance, a first DUI offender may be denied acceptance into ARD on the basis that the offender had a high blood alcohol content (BAC) or that the underlying DUI offense resulted in an accident involving injury or property damage. 

There are several benefits for seeking admission into the Erie County ARD program.  By accepting ARD, a first DUI offender avoids the possibility of jail time and a criminal conviction.  Also, the period of license suspension is drastically reduced from a period of one year to a period of thirty to ninety days.  For these reasons it is critically important to consult with knowledgeable criminal attorneys experienced in handling PA DUI cases.  Let the DUI Defense Group help you determine your eligibility for ARD.  Only experienced attorneys like those found at the DUI Defense Group can give you an informed opinion about your chances of being accepted into the PA DUI first-time offender’s program.

About the Author

Grant C. Travis is a member of the Erie County and PA Bar Associations. Attorney Travis is admitted to practice in all Pennsylvania Courts and the U.S District Court, western District of Pennsylvania. He is an experienced Pennsylvania DUI attorney who has defended 1,000’s of PA DUI Cases.www.pa-dui-defender.com The DUI Defense Group has offices in Erie, Edinboro and Warren, PA and focus on DUI defense in Erie County.

Feds to Throw Pot Smokers in Prison

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dui bu qi wang zi

help me translate this to english please (: really need it.?

zhi yao ni shuo shen..

as long as you say, even for once,
"you like me very much"
i am willing to accept you one more time..
if not...
i really will force myself to forget you
and give up on myself...
"pai wu" (??), last day...
if i still cannot get any news from you
i really will be forcing myself to forget you
although i do not want to
sorry
i hope there is miracle

roughly, because quite many pinyin is wrong...

=======
Edit to add:
"pai wu" if referring to "bai wu" (拜五), then it means Friday...
Friday would be the last day to hear from the other party???
Well.. i can only guess since many pinyin is wrong...

Wang Zi ~ Sorry ~ Dui bu qi

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arizona dui laws blood

DUI Arizona Laws – Penalties guide

Arizona, like every other state, has DUI (driving under the influence) laws meant to reduce driving after a few glasses of alcohol. Arizona is known throughout the country to have very strict laws regarding DUIs, which is all the more reason to hire an aggressive DUI attorney to fight for you.

Being arrested for an offense DUI can be a very upsetting experience. It may be your first time ever being accused of a crime and you may not know what your rights are or where you should turn.

It is therefore important to know the basics of the Arizona DUI laws and penalties to ensure that you stay on the right side of the law. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug and vapour releasing substance containing a toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

Sentencing

You've just been arrested for a DUI in Arizona, now you’ll be sentenced according to a classification of your crime. Aggravating factors may include the following:

You have a blood alcohol concentration of 0.15 for up to two hours after the offense.

• You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest.
• Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
• You have a child under 15 years old in the vehicle.

First Impaired or Breath Alcohol Concentration above .080

1. 10 consecutive days in jail. The Court may suspend 9 of the 10 days if you agree to get an alcohol evaluation, and submit to treatment.
2. Fine & costs: $250.00 fine, plus a surcharge, plus an additional $500.00 assessment for DPS, and another $500.00 for the Arizona Prison Construction Fund.
3. Driver license: The MVD will suspend your drivers' license for 90 days.
4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but one day in jail.
5. Probation: You may be placed on probation for up to five years.

Second Impaired or Breath Alcohol Concentration above .080

1.  90 days in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine & costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests.

3. Driver License: Your drivers' license will be revoked for one year.

4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but 30 days in jail.

5. Probation: You may be placed on probation for up to five years.

First Extreme DUI (Breath Alcohol Concentration above .150)

1. 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol evaluation, and submit to treatment.
2. Fine & costs: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1000.00 assessment for DPS, and an additional prison construction fund fee of $1,000.00.
3. Driver License: The MVD will suspend your drivers' license for 90 days.
4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but ten days in jail.
5. Probation: You may be placed on probation for up to five years.

Second  Extreme DUI (Breath Alcohol Concentration above .150)

1. 120 days in jail of which 60 must be consecutive. The Court may suspend 60 of the 120 days if you agree to get an alcohol evaluation, and submit to treatment.
2. Fine & costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests.
3. Driver License: Your drivers' license will be revoked for one year.
4. Counselling: If recommended in your evaluation and you want the Judge to suspend 60 of the 120 days of jail.
5. Probation: You may be placed on probation for up to five years.

Felony DUI (3rd DUI w/i 5 Years, or DUI w/ License Suspended or Restricted)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 4 felony and subject to the sentencing ranges based on historical priors as such. A DUI conviction under this section could carry over 10 years in prison.

1. 4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis.
2. Fine & costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1,500.00 assessment for arrests.
3. Driver License: Your drivers' license will be revoked for three years.
4. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment.
5. Probation: You may be placed on probation for up to five years.
6. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Felony DUI (w/ a child under 15 years old in vehicle)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.

1. A person convicted under this section will have to serve at least the minimum sentences for the misdemeanour DUIs described above if the offense would have been a misdemeanour but for the presence of the minor child.
2. Fine & costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $500.00 assessment for arrests.
3. Driver License: Your drivers' license will be revoked for three years.
4. Probation: You may be placed on probation for up to five years.
5. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment.
6. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

About the Author

For more tips and information please check DUI Arizona laws. I hope I will never have to work with an Arizona DUI Lawyer.

Phoenix DUI Breath and Blood Tests

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