I really want to be a foster mom, i can’t seem to get pregnant on my own and i LOVE kids. I work in a daycare but anyway. I want to foster but i don’t know if i would get approved.
What areas do case workers look at.
What kind of things would cause me to not get approved.
MY mom has a dwi charge and aggravated assault charge against her. that was like years ago but could it play a big factor in the final decision?
Lets just say i didn’t have the best childhood. All i want to do is give a child a good and happy home.
Hi,
I kind of work in the field, but I don’t know much about foster parents. We actually have the kids BEFORE they get placed with foster parents.
I think it’s a great idea that you want to be a foster parent, and perhaps you could potentially adopt through the process and become a permanent home to a lost child. Adoption itself is so expensive… this is a good alternative, IF you can handle the children *leaving* as well.
I personally think this would be the difficult area of foster parenting. You will get attached to some of the kids.. and then when you know how much their home life sucks (the reason they were pulled from their home in the first place), and you have to send them back home, that would be hard.
Also, these kids are considered high-risk kids. Depending on the population that you decide to “accept”, you might be dealt a difficult hand. Because, some deal with rapes- and reoccuring nightmares.. some kids deal with drug abuse- withdrawls and relapse.
I honestly think that you could go in, and talk to a caseworker, and tell them that you don’t want your mothers past to reflect on your ability to be a good foster parent.
Things that I think they look at include:
-if you’re married
-if you have a stable home
-if you own or rent your home
-the surroundings of your neighborhood
-if you smoke, drink, or do drugs
-your availability
-your common sense / education
-your other job (that might conflict)
-your background check (your prior convictions)
-your husbands background check
-your driving record (you’ll be driving w/the child)
-first aid/CPR certified
A major factor in what they decide to look at depends on what age you want to take in to your home, and what gender. Some take only babies, some take only teen boys, some take only young girls.. it all depends on what criteria meets what age group you want.
sorry to hear you can’t have kids.. call the state and meet with a caseworker about foster parenting, that would be your first step. Good luck~
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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.
This book is the ultimate answer to any DUI / DWI / OWI or drunk driving charge. Discover all the secret investigative techniques that are used by law enforcement officers to trick motorists into incriminating themselves and getting a drunk driving conviction. Learn all the insider information about classified legal tactics that are used by prosecutors to get drunk driving convictions. Everything …
Here is a collection of forms to help every DWI practitioner conduct an efficient, effective practice. This work provides examples of letters, motions and pleadings applicable at every stage of a DWI case, from arrest through appeal. Forms include a variety of documents and suggested motions. Topics covered include: engagement letter, motion not to suspend license, discovery demands for wet chemic…
In simple terms, a person is guilty of Driving While Impaired if they (a) operate (b) a vehicle (c) on a highway, street, or public vehicular area (d) while under the influence of an impairing substance or with an alcohol to blood concentration of 0.08% or more at any relevant time after driving. N.C.G.S.20-138.1
What does it take to be convicted of DWI?
In order to convict, the state must prove beyond a reasonable doubt, each of the four following elements.
While the terms themselves may sound self explanatory, make sure that before you enter a courtroom charged with DWI that your Durham DWI lawyer fully understand that nature of each element and what the State will need to show to convict you.
1. Operation – What does it mean to operate a vehicle?
The legal term operation means much more than a vehicle in motion. Suppose you are behind the wheel of a car and the engine is running but you haven’t even put the car in gear. That, under North Carolina law, is operation.
2. Vehicle – Aren’t DWIs just for cars?
Under North Carolina Law, it is possible to be charged and convicted of DWI on a boat, scooter, lawnmower, or even a bicycle!
3. Highway Street or PVA – What is a Public Vehicular Area?
Some motor vehicle laws apply only to state maintained streets or highways, but DWI law covers just about every square foot of public space there is. You can get a DWI for driving through an empty parking lot.
4. Impairment – Does it matter if I wasn’t Drunk?
Impairment is the most often the issue on which a DWI will hinge. It’s interesting to note that there are two ways that the state can prove this element.
1. First, they can offer testimony that the defendant was appreciably impaired. They use things like strong odor of alcohol, unsteady on their feet, red glossy eyes, slurred speech, and the like to bolster their opinions of impairment. More to the point are the NHTSA (National Highway Traffic Safety Administration) Standardized Field Sobriety Tests. These tests include the walk and turn, the one leg stand, and the HGN (Horizontal Gaze Nystagmus). These tests are often the most important part of a DWI trial and it is essential that your Durham DWI attorney understand the way these tests are administered.
2. The popular way to satisfy this element is with the use of the Intoxalizer 5000. This is the “breathalyzer” machine that the officer asks defendants to blow into down at the station. This machine is spits out a number for each blow which measures the Defendant’s BrAC (Breath Alcohol Content). If the blow is higher than .08, in many cases the State’s work is done. A competent attorney however, may be able to find ways to suppress this number from being admitted into evidence. Even when a motion to suppress is unsuccessful for one reason or another, the Intoxalizer 5000 is susceptible to error, despite what the State’s experts may tell you.
What happens if I get convicted?
Aside from the loss of one’s driver’s license which accompanies every Durham DWI, the punishment for DWI can range from a fine and some community service to two years in prison depending on the facts of the case and on the defendant’s prior record.
There are three kinds of factors considered by the judge before he or she imposes a sentence:
Grossly Aggravating Factors
These mandate jail time. One grossly aggravating factor in a case dictates a Level 2 punishment. Two or more grossly aggravating factors dictate Level 1 punishment. Grossly Aggravating Factors include the following:
1. A prior conviction for DWI within the past 7 years (the past 7 years measured from the date of prior conviction to the date of offense).
2. A DWI conviction which occurred after the offense date but before or while the current DWI is being sentenced;
3. The DWI occurred while the Defendant’s license was revoked under G.S. 20-28, and the revocation was an impaired driving revocation under G.S. 20-28.2(a).
4. A child under the age of 16 was in the vehicle at the time of the DWI.
5. The driving caused an accident involving serious injury to another person.
Aggravating Factors
These factors can be (but are not required to be) used by the judge to enhance a sentencing level.
1. Gross impairment of the defendant’s faculties while driving or an alcohol concentration of 0.16 or more within a relevant time after the driving.
2. Especially reckless or dangerous driving.
3. Negligent driving that led to a reportable accident.
4. Driving by the defendant while his driver’s license was revoked (for a non DWI related offense).
5. Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than ten years before the date of the offense for which the defendant is being sentenced.
6. Conviction under N.C.G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.
7. Conviction under G.S. 20-141 of speeding by the defendant by at least 30 miles per hour over the legal limit.
8. Passing a stopped school bus in violation of G.S. 20-217.
9. Any other factor that aggravates the seriousness of the offense.
Mitigating Factors
These factors are offered by the defendant and can be (but aren’t required to be) used by the judge to mitigate a sentencing level:
1. The Defendant has voluntarily submitted his/herself to an alcohol or drug treatment center for an assessment of potential substance abuse problems.
2. A statutorily safe driving record for the previous five years.
3. Safe and otherwise lawful driving at the time of the offense.
4. A low BAC reading from the Intoxalizer 5000 (.08 or .09 results are considered low).
5. Impairment of the defendant’s faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
6. Any other factor that mitigates the seriousness of the offense.
The presumptive punishment for a DWI is Level 4 punishment. One grossly aggravating factor mandates Level 2 punishment. Two or more aggravating factors mandate level 1 punishment. If no grossly aggravating factors exist in a case, the judge weighs all aggravating and mitigating factors to decide between levels 3, 4, and 5. If the mitigating factors substantially outweigh the aggravating factors, then level 5 punishment is appropriate. Conversely, if the aggravating factors outweigh the mitigating factors in a case, level 3 punishment is appropriate.
Levels of Punishment for a DWI
Level 5: Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail or performs 24 hours of community service.
Level 4: Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum jail sentence of 120 days. A judge can suspend the sentence but upon completion that the driver spend 48 hours in jail or perform 48 hours of community service.
Level 3: Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and maximum of six months. A judge can suspend the sentence only upon completion that the driver spend at least 72 hours in jail or perform 72 hours of community service.
Level 2: Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.
Level 1: Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.
What happens after sentencing?
Defendants who are convicted of DWI (regardless of the level of punishment) lose their driver’s license. These defendants must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period.
During the revocation period, defendants convicted under Levels 3, 4, or 5 may receive a limited driving privilege provided certain conditions are met.
Kayla Sparks vs. Melissa Stripes vs. Alexa Thatcher
The burden of proof rests with the prosecution in the majority of OUI, operating under the influence of drugs/alcohol, in the state of Maine. This is extremely important in any case that has little in the way of proof, because it may give your attorney a great opportunity to secure your release and/or acquittal. However, you may not understand the real importance of the burden of proof in your case, so here is some information to help explain the fundamentals.
Definition
Having the burden of proof in any case means that the side with the burden of proof has the responsibility to prove to the court that the charges they have brought are true and enforceable. In an OUI case, it is the prosecution’s sole responsibility to prove that the defendant did what they are charged with, and the defense must only dispute what the prosecution presents whenever and however possible.
Therefore, the definition of the burden of proof, according to the professionals at www.wikipedia.com, is: “the obligation of a party on one side of a dispute or issue to provide sufficient evidence in support of their position.”
However, keep in mind that the burden of proof on a criminal case is proof beyond a reasonable doubt. That is a very high standard and one which the prosecution may not be able to meet.
How It Applies
There are two basic burdens of proof that can be brought into play during a trial. The first is philosophic burden of proof, which has more to do with who should have the burden and offers very little application for an OUI case at best. The second, more important, form applies to OUI cases, known as the legal burden of proof. This means that the party with the burden of proof must use evidentiary means, such as eyewitness testimony or blood test results, in order to achieve a conviction.
If the prosecution cannot satisfy the burden of proof, then the jury has no choice but to acquit, or set free, the defendant in a given case. The jury must be able to decide unanimously that a person committed the crime that they are charged with. However, keep in mind that very few OUI cases actually go before a jury because of the plea bargaining process. That means that your attorney may be able to negotiate a favorable outcome for you in the case that doesn’t equal a conviction for OUI.
Admissible Evidence
In order to prove their case, the prosecution must present admissible evidence to support the OUI claim, whether to a judge or jury. Although each judge has the right to decide what is acceptable and what is not ultimately, there are a few forms of evidence that are generally admissible in the state of Maine.
Certificates or official documents showing the results of blood alcohol concentration, BAC, are admissible, as long as the test was conducted by someone licensed or trained in that particular test. Most courts will not admit preliminary breath test (PBT) results.
This information is provided solely for informational purposes and does not constitute legal advice.
Legal text for New York defense attorneys preparing a case in which a client is charged with Drinking While Intoxicated. Helpful outside of NY but geared to NY cases. Covers all matters from the stop to the trial….
