Even Innocent Farts in Florida are No Laughing Matter

In September of 2008, Jose Cruz was just minding his on business driving after dark down a thoroughfare in West Charleston, West Virginia. Just because his lights were not on, he felt, was no good reason for the police to stop him.

On top of the seemingly insult and after failing a field sobriety test, he was arrested and hauled off to jail for further testing. Once in the booking and testing room, Palmer, a certified policeman who administers such tests, proceeded to give Cruz a breathalyzer test. After having already loudly passed gas multiple times, when Palmer tried to place the breathalyzer on Cruz’s face, the besieged man lifted his leg, let our a horrendous fart, fanned it toward Palmer’s face, and declared, “Here, put that in your breathalyzer.”

At that point, with no where else to go, the police surrounded Cruz and rearrested him once again, but this time, according to police complaints, they charged him with battery on a police officer. The official complaint noted, “the gas was very odorous and created contact of an insulting or provoking nature with Palmers.”

Cruz’s defense was that he “retaliated against the cop because the cop gave a breath test while he was having an asthma attack.” Cruz has been arrested multiple times on charges of DUI, but the battery charge was later dropped after a very short plea bargain.

Although drunk people can do some humorous things, even innocent farts, in Florida are no laughing matter when it comes to the seriousness of drunk driving. In 2007, an estimated 12,998 people in the U.S. died in alcohol-impaired traffic crashes involving a driver with an illegal blood alcohol content. These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007.

Third time DUI convictions in Florida can cost you up to one year in jail, up to a $5000 fine, up to a ten year license suspension, mandatory ignition interlock device for two years, mandated DUI School, and your vehicle being impounded for 90 days. On top of all this, in most states across the United States, after a conviction of driving under the influence of any type of drug including alcohol, you are branded a criminal, and the conviction goes on your permanent driving record that is public information.

So, if you have been accused of drunk driving or any similar charge, it is no time to be funny about such matters. Get professional help! There are attorneys in your area that can help. Contact DUIAttorneyHome.com right now, so that we can help you find a professional that will take a more serious and sane approach to your predicament.

The Difference Between DUI and DWI in California

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Concerning the DMV case, time is of the essence in responding to the Department concerning the charges against you. Your driver’s license will automatically be suspended if the accused does not request a DMV hearing before the 11th day after being accused. The criminal case filed against California DUI / DWI defendants consists of two different statutes:

The first count, CVC section 23252 (a) focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are “unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.” This is the legal standard for being considered under the influence of alcohol or “DUI” in California courts.

The second count, known as the “per se” charge and CVC section 23252 (b), concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.

Convictions for first time defendants can include heavy fines, jail sentences, license suspension, vehicle impounded, ignition interlock device, DUI school, probation, and community service.

According to the August 05, 2009 /24-7PressRelease/ -2009 Changes to California’s DUI Laws, “Each year, the state’s drunk driving laws get tougher and the punishments more severe. 2009 was no exception. The legislature passed a zero tolerance law for DUI offenders on probation, decreased the blood alcohol content (BAC) level needed to trigger the use of ignition interlock devices and made DUI programs mandatory for those on probation for a “wet reckless” driving charge.” The same clamp down effects every California driver whether you live in Los Angeles, Long Beach, San Jose, San Francisco, Sacramento, Oakland, San Diego, Fresno, Bakersfield, Stockton, or Orange County.

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help protect your rights. Contact DUIAttorneyHome.com to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of California law

The Difference Between DUI and DWI in Missouri

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Missouri defines DWI as the offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough to raise one’s blood alcohol content above the statutory limit, or after consuming drugs.

Missouri usually adds another term related to drug abuse and driving, Driving Under the Influence of Drugs or DUID, but the definition for such is similar to the definition of DWI. So, the use of the term DUID relates to the law concerning types of drugs other than alcohol.

For first time offenses in Missouri, convictions can be quiet severe. Conviction of a first DWI or DUID is a class B misdemeanor that can carry the following penalties:

  • Jail: Up to a maximum of six months imprisonment.
  • Fine: Up to $500 plus court costs between $10 and $100.
  • Probation: The general terms of probation are no drinking, do not break the law, and attend the states Substance Abuse Traffic Offenders Program (SATOP). Probation usually lasts for 1 to 2 years and is commonly referred to as a Suspended Imposition Sentence or SIS.
  • Suspension of Driving Privileges: A 30-day license suspension followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment is automatic. The suspension goes on the person’s driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver’s license.

Kansas City police are known to conduct a drunken driving checkpoints in areas known for drunken driving crashes or arrests.

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who understands such cases. Contact DUIAttorneyHome.com to help you get in contact with a lawyer who can help you understand the subtle differences in the legal jargon of Missouri law, and who will represent YOUR best interests.

The Difference Between DUI and DWI in Tennessee

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

The Tennessee Vehicle Code 55-10-401 says it is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08%) or more.

Convicted first time offenders can receive stiff fines, up to one year in jail, license revocation, an ignition interlock device, court ordered DUI school, and towing costs. The conviction, even a first time conviction, stays on your record permanently.

As reported by myEyeWitnessnews.com on June 22, 2009, an article titled, “DUI Law Changes in Tennesse”, states, “Under this new law, if suspected drunk drivers refuse to take the test (blood alcohol level), they could lose their license for a year, in addition to other charges they would face.”

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help you deal with the ramifications of the charges against you. Contact us and we will help you get in contact with a DUI lawyer who can help you understand the subtle differences in Tennessee law.

The Difference Between DUI and DWI in Wyoming

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Wyoming, in its Vehicle statute 31-5-233, adds a little complication to the terms by combining them. Around the legal circles of the state, the acronym DWUI is sometimes used. This term simply means, as described in the statute, “driving or having control of vehicle while under influence of intoxicating liquor or controlled substances.”

Convicted first time offenders can receive jail time, stiff fines, community service, probation along with mandatory attendance of a drug education program, and license suspension. If you get probation, you are not sentenced, and the result does not go on your record if you successfully complete the court mandated education or treatment program. You are allowed probation only one time. A conviction without probation stays on your record permanently.

According to a news article posted in the Casper Star-Tribune on January 20, 2009, the state legislature in Cheyenne has been considering a bill that would adopt ignition interlock devices being placed on the automobiles of first time DUI convicted offenders for one year. The article quoted Representative Debbie Hammons, D-Worland, as saying “the mandatory devices have been shown to be effective in achieving results in the battle against drunk drivers in seven or eight other states.

Every community in the state has problems with drunken driving. This is an aggressive step to do something about it.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Wyoming law, and who specializes in representing your best interests.

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Wisconsin Legislature May Toughen DUI Laws

Wisconsin lawmakers are considering changes to the state’s DUI laws that would impose tougher penalties on first offenders whose blood alcohol content tests at almost twice the legal limit.

If an offender’s blood alcohol level tests at.15% they would be required to install an ignition interlock device on the vehicle that they drive.

The bill under consideration would also expand a treatment program that serves as an alternative to jail time and increases penalties for repeat offenders.

Family members of people killed in recent high-profile alcohol-related traffic accidents in Wisconsin say that the changes don’t go far enough. They want the state to make the first offense a crime, something that legislators say is not likely to pass.

Chuck Hurley, chief executive of Mothers Against Drink Driving, says that his group supports the measure, but that “only in Wisconsin” did such legislation signify progress.

The state still has a ban on sobriety check points and even has a law on the books that allows minors to be served alcohol in a bar if they are with a parent or legal guardian.

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