Automobile accidents are responsible for the injury or death or thousands of children and young adults each year. Many of these events could be prevented by proper use of seat belts and other safety features of cars.
Outside of a car, it is important for children to know how dangerous moving vehicles can be. When playing outside, never chase balls or other objects into the street without looking for traffic, and never run between parked cars into the street as it is hard for drivers to see over them. Teaching children these behaviors at a young age is an excellent way to prevent accidents in the future.
In the car, there are a set of effortless rules that new drivers and young passengers should always follow. The way to prevent most serious injuries is to simply always buckle up. Even if no one else in the car is wearing one and the trip is just around the block, it is important to wear one regardless. In a case like this, it wouldn’t hurt to insist that everyone else buckle up as well to ensure their safety.
When wearing a seatbelt, older children should be tall enough to sit without slouching with their feet on the floor. The lap-shoulder belt system will not fit most children until they are about 4’9″ tall and weigh about 80 pounds. The lap portion of the belt should fit low and tight across the upper thighs, while the shoulder portion should fit over the shoulder and chest. Although it may be more comfortable, never put the shoulder belt under the arm or behind the back of the child.
Reckless behavior in and around automobiles is also a large contributor to the injury and death rate. Never stick arms, legs, or any other body part out of the window of a moving car. If another vehicle is passing too close it could cause serious injury. One of the most dangerous but easily preventable behaviors is drunk driving. Never try to drive after drinking, and never ride with anyone who has been drinking. It is important to always have a designated driver, or at least someone to keep keys hidden.
New and young drivers cause many of the accidents because they may have not yet learned how to handle a car properly, may drive at speeds to fast for the conditions, and are more likely to perform risky behaviors. Although they are commonly given a negative image, being a back-seat driver can save lives by telling a reckless driver to be more attentive or to slow down.
Concerning very young children, there is even more information to be aware of related to accidents and safety. Generally, the back seat is the safest place in a car accident, and any child under 12 years should ride there, especially if the vehicle has a passenger side are bag. Infants should be placed in rear facing car seats in the back seat until at least 1 year of age or around 20 lbs. Forward facing seats are acceptable after this point. In either case, always read the child restraint manual for proper and effective installation and use. It is recommended that children use a safety seat until at they are at least 40 pounds and then use a booster seat that will help the lap-shoulder system fit well.
It is important to remember that injury or death from an automobile accident can happen to anyone, not just children and younger drivers. Always promote safe behaviors near roads, behind the wheel, and also the lifesaving benefits of using safety belts and child safety seats correctly.
Navigating Criminal Misdemeanor Prosecutions in RI- From Arrest to Trial and Possible Expungement
What is a misdemeanor?
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer. It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
After an arrest will the accused be released from police custody?
If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person. The bail commissioner could also set bail in order for the person to be released.
It is usually not advisable for a person to give a statement to the police without a Rhode Island (RI) Criminal Lawyer / attorney. However, there are exceptions to every rule!
The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody.
BAIL AND ARRAIGNMENT
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arrainment?
The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. These pleas are described in detail below.
Should I take a plea deal at an arraignment without a lawyer?
NO.! It is usually a very bad idea for a person to plea nolo contendere without an attorney at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is usually very strongly advisable that the defendant says not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney they should go to the Rhode Island Public Defender’s office.
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment?
If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere.
What is personal recognizance?
At the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him/ her at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds. A defendant released on personal recognizance, has to promise that they will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future the accused will owe that amount of money to the State of Rhode Island.
What is cash bail?
If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.
What is bail with surety?
If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. a Bail bondsman’s fee is usually reasonable. If the person attends all Court dates then they will get that money back at the end of the case.
What happens at an arraignment if I am already on bail, on a one year filing or on probation?
If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence than the judge can hold the person as a”violator” pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.
There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. Please see below for more information
What is the most advisable plea at an arraignment and what happens next?
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
PRETRIAL CONFERENCE
What happens at the pretrial conference?
At the pretrial conference a person canchange their plea from not guilty to nolo contendere if they agree to the sentence offered by the prosecutor after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
PLEAS
What types of pleas are there in Rhode Island?
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an “alfred plea”.
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in Rhode Island?
There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdemeanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.
APPEAL
Can I appeal if I am found Guilty after Trial?
A defendant has two days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
PENALTIES AND SENTENCES
What is a “filing” in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be “filed” for a year. This is commonly called a “filing”. If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person’s record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten busines days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate criminal offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person’s first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
NO CONTACT ORDERS
No Contact Orders in Rhode Island explained
A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or “admitting to sufficient facts” is not a criminal conviction because a breathalyzer refusal is a civil case.
EXPUNGEMENT IN RI
Rhode Island Liberal Expungement Policy & Background Information:
Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record.
This article is an in depth and in detail explanation of Expungement law in RI as of August 2008. Expungement law and policy is in a state of flux. The legislature is attempting to make expungement policy even more liberal, while the governor is trying to make it more difficult to expunge records. Even the Supreme Court of Rhode Island (RI) has recently weighed in on expungment matters. These three branches of government are in disagreement concerning expungement policy.
In order to get a Criminal record expunged in Rhode Island, a motion must be filed and a Court hearing is required. You should contact a Rhode Island Criminal Law Expungement Attorney / Lawyer. It is not advisably to file an expungement without a RI lawyer.
Expungement of Dismissed records:
The general rule is that dismissed criminal charges (48a) can always be expunged unless the person has a prior felony conviction. This portion of the statute uses the standard definition of a conviction- a fine, suspended sentence or jail.
Should dismissed charges be expunged
Many people don’t realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense.
The public can easily view the dismissed records and other rhode Island criminal records online by googling “rhode island criminal records”-Many people will assume that you did something wrong even if the case was dismissed. Some people will assume that you just “got off on a technicality” or that you are a bad character by the very fact that you were charged. A criminal record could effect your ability to secure employment and often is required to be disclosed on an employment application. A criminal record could also effect your ability to obtain government benefits or a employee promotion.
Are there dismissed charges that cannot be expunged immediately?
A dismissed charge may not be able to be expunged if the related charges cannot be expunged. For example, if you were charged with three offenses related to the same incident and 2 were dismissed but the third you recieved a sentence of probation. You would have to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. The reason for this is because you cannot destroy portions of a file! I believe the primary reason for this rule is because it is logistically impossible to expunge a charge when there are other records in a related incident that cannot be expunged.
For example, John was charged with domestic assault, failure to relinquish telephone and disorderly conduct arising out of a domestic dispute with his wife related to their pending divorce. John received probation on the disorderly conduct. The assault and failure to relinquish phone charges were dismissed. John would not be allowed to expunge the two dismissed charges and would need to wait five years after completion of the probation to dismiss all the charges.
Expungement of Not Guilty findings.
The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged.-Pursuant to Rhode Island Law the following types of cases can always be expunged: Dismissals, No information, Not Guilty.
Expungement of one year filings
A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.
A domestic filing such as domestic assault, domestic failure to relinquish telephone or domestic disorderly conduct cannot be expunged for three years. A domestic offense involves the victim as a wife, family member or someone who the accused has been in a substantive dating relationship with.
If a person gets in further trouble during the filing period then the person may be “violated” and the person sentenced again for violating the filing. A person must be very careful to stay out of trouble during the filing period. If the person is charged with a new crime, the person will be brought before the Court as a violator as well as charged with a new crime.
At the initial arraignment, a person with a filing will probably be violated and can be held for 10 days in jail without a hearing.-If the person takes a plea deal on the violation of the filing or probation and a plea agreement on the new charge then neither of the charges can be exunged.
If a person is not violated during the filing period then a filing can be expunged even if there are other offenses after the filing.
Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ‘s office, the Rhode Island State Police and the local police department that pursued the criminal charge.Remember, Under RI Criminal Law, A plea of nolo contendere with a filing and no fine is never a conviction.
Expungement or convictions, suspended sentences, deferred sentences, jail sentences or probation
A misdemeanor or felony conviction is any sentence with a fine, suspended sentence or period of incarceration. Even though probation or a deferred sentence do not constitute convictions under Rhode Island Law they are treated the same way as convictions for expungement purposes.
A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail.
A felony conviction, suspended sentence or probation / deferred sentence can be expunged ten years after the completion of the sentence or probationary period. Under the current state of Rhode Island law you cannot have any conviction, suspended sentence , fine or probation expunged if you have another conviction, suspended sentence , fine or probation on your record.
Expungement of felony deferred sentences
Pursuant to a recent supreme Court case, deferred sentences are treated the same way as convictions for expungement purposes. If a person receives a 5 year deferred sentence on a felony charge, the person is not eligible to have the charge expunged until 10 years after the deferred sentence has concluded.
This new rule is very unfair because judges and attorneys have been advising defendants that after a 5 year deferred sentence that they would be able to get the record expunged. Now the Supreme Court is pulling the rug out from underneath people who were promised that their deferred sentence could be expunged when they finished their sentence. Please note that the Rhode Island legislature was recently attempting to make it easier to expunge deferred sentences but this legislation was recently veteod by the governor.
Crimes of Violence issues
Certain crimes of violence can never be expunged and R.I.G.L § 12-1.3-1. states:-”Crime of violence” includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.
Noticeable absent from the definition of crimes of violence is “assault.” It could be argued that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.
David Slepkow is a Rhode Island lawyer concentrating in criminal law, dui / dwi, breathalyzer refusals, restrianing orders/ no contact orders, divorce, family law, child custody / support / visitation and personal injury.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support,custody and visitation. David has been practicing for over 9 years and is licensed in rhode Island , Massachusetts and Federal Court.
Q&A Episode 8: Melanie’s Law – Think Before You Drink!
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To fight for DUI/DWI offenses without an experienced DWI attorney means no compassion. Though fighting for a DWI offense with a dedicated DWI attorney almost guarantees for no jail time. Even the fines for over drinking and a drive are often inappropriately handled. Some attorneys are specialists where others are definitely are not.
Whom you are you going to call?
Never confuse DWI with DUI as one mean, hope the other means you were a genuine dope. Of these two abbreviations, DUI (Driving Under the influence) is more of a criminal offense than DWI (Driving While Intoxicated). Any ways in any of these cases you need to hire an attorney who is specialized in DWI & DUI cases both. And it differ from one state to another. When you have been accused for a DWI offense in New Orleans you can contact with a New Orleans DWI Law Firm to hire an attorney in your state.
DUI laws usually consider when a person is drunk and have a.08 BAC (Blood Alcohol Content); though it does not affirm 0.08 by means of breathalyzer. So, no jury or judge is compelled to take Intoxilyzer test result of.08 or further as accurate or reliable.
The Intoxilyzer takes for granted a breath/blood proportion of 2100/1 (2100 parts alcohol in the blood stream for everybody part of alcohol in the inhalation) for each person tested. The preponderance of people maintains a breath/blood proportion of 2100/1 or more.
People with a blood/breath proportion greater than 2100/1 will not be biased by Intoxilyzer’s supposition. People with an abridged blood/breath proportion will be biased because of the fact that the Intoxilyzer will mistakenly read too elevated an alcohol absorption result and can result in a person who must test a.04, .05, .06, and so on.
Because the machine is manufactured, designed and run by humans, it is subjected to the errors by human being identical to any other machine. The Intoxilyzer, even though it is properly working and is being properly handled, as the person being tested is not exactly regular, can lead to a fake reading of intoxication.
Penalties for driving while intoxicated have outpaced the proportion increased. There goes that thirty percent you just saved last week at the time you switched auto insurance. Getting any of the frequent charges reduced on your drunk driving offense is going to effect in hiring a qualified DWI attorney. He or she must be an established winner and not just a supporter.
Lawyer Resources:
To find the lawyer who is experienced in handling such cases that is similar to your case, Visit lawyer directory online and hire the best attorney.
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If a person has been repeatedly arrested because of DUI then most states in the US will carry out an evaluation. An evaluation is done to assess if there is an alcoholic problem in the person. Extraordinary high doses of BAC on a regular basis indicate alcoholism and hence a proper rehabilitation program or DUI program maybe advocated. Here is a brief rundown on the evaluation process carried out.
Questions typically asked
There are certain typical questions asked in an evaluation process in a DUI case. Questions such as if time is lost from work because of drinking, if drinking is resulting in an unhappy family life, or if the trigger for drinking is because of having a shy or reserved nature etc. maybe asked during an evaluation. There may also be other questions asked such as if the reputation of the person is being risked because of drinking, if a drinking session results in a surge of guilt, if drinking is causing financial problems etc. Sometimes, a person may turn to bad company because of drinking. If family duties are being neglected because of drinking or if it is causing a lack of drive or ambition, then these are all telltale signs of an alcoholic problem.
What are DUI programs?
DUI programs are basically meant for habitual DUI offenders. Depending on the concentrations of BAC in the blood and the number of times the person has broken the law, the period of DUI will differ. The DUI programs help people to reduce their offences by addressing the root cause of the alcoholic problem. There are several DUI programs across states in the US. For example, Wet Reckless is a program that includes offenders with large concentrations of BAC and who have been driving recklessly repeatedly. California has First Offender DUI programs, which are essentially for first time offenders. Such persons are required to serve 3 month or 9 month DUI programs, according to the Alcohol Test and BAC levels in the blood. Then there are 18 month DUI programs, which are mainly for second time offenders while 30 month DUI programs are for people who have offended thrice or more.
Tenure of DUI programs
If a person repeatedly breaks the law because of DUI then he or she will be subjected to DUI programs. The tenure of such programs will vary depending on the number of times the offence has occurred. For a first time offender and for BAC levels below 0.20 the tenure is 3 months while for higher doses of BAC it is 9 months or more. For a second time offender the tenure extends between 18 to 30 months while for a third offence also the period of the DUI program is 18 to 30 months.
Addressing alcoholic problems
Through DUI programs, the offenders are made to realize the change in behavior and characteristics that alcohol induces. Offenders are also made to realize the inherent risks involved with drinking and driving and through a series of positive changes in their lifestyles, they can get rid of the drinking habit.
Without using scare tactics or value judgments, this important Hazelden video helps first-time DUI offenders appreciate the danger of drinking and driving, and suggests action steps and contingency plans to prevent future offenses. Resources are listed for those who may have a serious alcohol dependency. This is an important resource for community-based corrections programs, driver’s education pro…
PhantomAlert is a must-have accessory for any GPS navigation device (not included), especially if you will be traveling in areas you are unfamiliar with and may not be aware of the sudden changes in the speed limit. With over 100,000 locations and growing, PhantomAlert turns ordinary personal GPS navigation devices into powerful Red Light Camera, Speed Camera, Speed Trap, and even DUI Check Point …
This practical manual presents a 29-session treatment program designed to engage, motivate, and stimulate processes of change in clients at all stages of recovery. The program is based on the research-supported transtheoretical model of behavior change. The manual describes skills-building activities and interventions that are likely to be most effective with clients as they cycle from the earlie…
Offering an alternative to twelve-step programs, a supportive guide explains how to identify the impulse to use intoxicants, learn self-control, value sobriety, and replace addiction with self-supportive behaviors. Reprint….
Why Hair Alcohol Testing is Better Than Urine Alcohol Testing
For parents trying to prove their innocence in child custody battles, defendants needing a resource that shows they were not drinking at the time of an accident a month ago or employers looking to hire sober employees, hair alcohol testing is the new alcohol and drug screening technology that is proving the sobriety of parents, convicting the guilty of high alcohol abuse during the moment of a crime and giving confidence to employers to hire safe pilots, surgeons and child care workers. How is hair alcohol testing better than urine alcohol testing?
When urine alcohol testing use to be the only proven technology to show whether a person has consumed alcohol, it limited the validity of the results because alcohol evaporation rate is extremely quick, not allowing testers to accurately account for blood alcohol concentrations in urine alcohol testing.
According to Alliance for Worldwide Alcohol Research and Education, 5-10% of ingested alcohol is excreted unchanged in urine, sweat, and expired air. The remainder is turned into carbon dioxide and water. For example, a shot of 80 proof alcohol, a 4 ounce glass of wine or 12 ounces of beer will be completely cleared from the body in approximately 1.75-3.5 hours.
For that reason alone, urine alcohol testing hasn’t been able to fully calculate a person’s accurate blood alcohol concentration. Now, hair alcohol testing is helping to convict the guilty as well as the innocent.
How Hair Alcohol Testing Works
With only an inch and a half of hair cut from the scalp of a person, a hair alcohol testing laboratory can find out what a person’s approximated consumption of alcohol has been up to a 30 day history and if the hair sample is longer, as much as a year of alcohol consumption can be tested. A series of assessments called FAEE, fatty acid ethyl esters and EtG, or ethyl glucuronide EtG alcohol testing are done to measure the amount of FAEE and EtG markers that are revealed in the tests only found in a person’s hair if they have consumed alcohol. The more alcohol a person has consumed, the more markers will be present on a test, which remain indefinitely.
Only shaving one’s head will affect the results of the test as there would not be any evidence which to test. Other body hair can be tested but the concentration of blood to the rest of the body’s hair does not give an accurate test result. Only scalp hair reveals an accurate enough assessment. Bleach, hair dye or other external contaminants will not affect the outcome of the test.
Hair alcohol testing is a fairly new discovery. Hair drug testing has been around for awhile, but until now, urine alcohol testing was the way to test a person for alcohol consumption. Hair alcohol testing reduces re-occurring random drug testing, hair alcohol testing is less invasive and by far proves more than a weeks worth of abuse.
More and more employers and government agencies are turning to hair alcohol testing for accurate, professional and tactful testing over urine alcohol testing.
This simple blood alcohol test provides quick, accurate results! All you have to do is squeeze the center of the tube to activate the test and then blow through the center. Based on your Blood Alcohol Content (BAC), the crystals will either stay yellow indicating a negative result, or change to blue/green, indicating a positive result It’s disposable and designed for one time use, with a compact s…
This simple blood alcohol test provides quick, accurate results! All you have to do is squeeze the center of the tube to activate the test and then blow through the center. Based on your Blood Alcohol Content (BAC), the crystals will either stay yellow indicating a negative result, or change to blue/green, indicating a positive result It’s disposable and designed for one time use, with a compact s…
This simple blood alcohol test provides quick, accurate results! All you have to do is squeeze the center of the tube to activate the test and then blow through the center. Based on your Blood Alcohol Content (BAC), the crystals will either stay yellow indicating a negative result, or change to blue/green, indicating a positive result It’s disposable and designed for one time use, with a compact s…
BreathKey is the smallest and lightest breathalyzer in the world, but it is big on features and quality. Unlike other bulky breathalyzers, it easily fits on a keychain so you can take it with you wherever you go. And it is the only consumer breathalyzer at any size or price that has a fuel cell alcohol sensor, the same type that is used in police equipment. The BreathKey breath alcohol tester is F…
For those late nights out, it is nice to be able to reliably test yourself with a breathalyzer before the police do it for you. The BAC-10 is a low priced Blood Alcohol Content Tester (BAC) that will accurately display your BAC and g/l along with telling you the time on its dual LCD Displays. The BAC-10′s BAC testing system has been tested and calibrated to be extremely precise.
