Legal News

Nevada High Court Rejects DUI Appeal

The Nevada Supreme Court has rejected an appeal by an Illinois man convicted in Douglas County of felony driving under the influence.

James Edward Schultz was sentenced in 2007 to a maximum of 10 years in prison but petitioned the court seeking a modified and reduced sentence. He argued a prior Illinois conviction should not be counted because the DUI law and sentencing in that state is different from Nevada statute. He said the Illinois statute doesn’t encompass the same conduct as that prohibited by Nevada law.

Without that conviction, Schultz’s case would not have been treated as a felony.

The high court rejected the argument.

“The record reveals that despite the disparity in the sentencing schemes, the Illinois statute Schultz was convicted under prohibits the same conduct prohibited (in Nevada),” the order by Justices Jim Hardesty, Michael Cherry and Nancy Saitta states.

More: Nevada High Court Rejects DUI Appeal

New California DUI Bill

A new California DUI bill by Assemblyman Mike Feuer, a Democrat from Los Angeles officially requires first time offenders in Alameda, Los Angeles, Sacramento and Tulare counties to install ignition interlock devices in their car which require the driver to test his or her alcohol levels to start the car. The bill was signed by Governor Schwarzenegger yesterday.

Gov. Schwarzenegger also signed a bill by Sen. Bob Huff, a Republican from Diamond Bar, that lets repeat drunken drivers apply for restricted licenses if they install ignition interlock devices on their vehicles.

Liquor Tax Will Pay for Wisconsin Drunk Driving Laws

A tab of more than 70 million a year is what it will cost to enforce tougher Wisconsin drunk driving laws, some five time more than originally thought. Some lawmakers are pushing a higher liquor tax to pay for it.

The state’s liquor tax would increase by 50 cents a pint under a plan approved Tuesday in the State Senate Judiciary Committee. This extra cost is going to be passed onto consumers.

A report shows the tougher drunk driving law that passed the assembly would cost about 70 million dollars a year to enforce, because of increased court and prison costs.

Before a similar version gets through the senate, there is the question of how to pay for it. State Senator Lena Taylor says, “doing something and not funding it is irresponsible.”

The Senate Judiciary Committee approved a 58% liquor tax increase. That means if the plan passes the full legislature and signed by the governor, the current 85 cent tax on a liter bottle of liquor would increase to $1.35 a liter.

Guy Rehorst owns the Milwaukee Distillery that produces Rehorst Vodka. He says the tax increase would be bad for business. He says a better way to raise revenue is higher fines for those convicted of drunk driving.

Republican State Senator Alberta Darling says she strongly supports the tougher drunk driving law, but says the state should pay for it with existing alcohol taxes, not new ones. Darling said, “I don’t see why we should increase the tax, we already have tax on beer and wine. We should take those revenues and use it to pay for new strong drunken driving legislation.”

Democratic State Senator Lena Taylor says the increase is necessary. She says, “We had to find a revenue, so what did we do? We did it on booze. Booze is what causes you to drive drunk.”

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Change to OK Drunk Driving Laws

Rep. Harold Wright is proposing change to Oklahoma’s drunk driving laws.

“The bottom line is we need to crack down on long-term, repeat offenders who are out there and could hurt someone else,” said Wright, R-Weatherford. “By making some simple, common-sense changes to Oklahoma law, we could save lives in the future.”

He says it starts with cracking down on long-term, repeat offenders whom, because of legal loopholes, are allowed to stay on the roads much longer.

Rep. Wright wants to see these numbers go down across the state by modifying the current DUI laws, which he says, are in need of change.

“If someone is caught with a DUI and their sentence is deferred, then once that sentence is deferred and they get past that point, they basically cannot be charged with a felony charge,” said Wright.

He wants to make it possible for a prosecutor to charge that person with a felony even if it’s their second offense.

Another problem, Jenkins says, is with sentencing repeat DUI offenders.

“In Oklahoma, it’s hard to recognize that repeat DUI offense when a repeat DUI could be in a very small municipality and it doesn’t go through a registered court system.”

One of two state laws recently enacted to strengthen penalties for DUI offenders includes an increase in the prison sentence from seven years to 10 years for a repeat DUI offender. A third-time offender will soon face 20 years in jail, rather than 10 years. That law becomes effective Nov. 1st.

Another law became effective in July. It states anyone caught drinking and driving with a child in the car will be charged with a felony.

Meantime, Rep. Wright is calling for a legislative study to make way for an eventual bill to be introduced in the next legislative session.

In Tulsa this year there have been eight DUI deaths. Police say in September they made 90 more DUI arrests compared to the same month last year.

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Ohio Court Rules in Favor of Tougher DUI Penalties

The Ohio supreme court has ruled in favor of tougher penalties for drunken drivers with prior convictions who refuse breath tests if pulled over again. The court ruled 4-3

The Union County case challenged the constitutionality of penalties for individuals with a DUI conviction on their record if they refuse to submit to a alcohol test if arrested for another DUI violation and in turn convicted.

Under the new Ohio drunk driving law, violators would face 10 additional days of mandatory jail time in addition to the mandatory 10 days in jail a repeat DUI offender must serve.

The Dispatch said the Union County case involved a DUI case in which a man was given the additional 10 days for a September 2006 DUI incident.

While the Court of Appeals upheld Hoover’s conviction, it cut out the additional days in jail based on the stance the sentence violated his 4th Amendment rights on unreasonable searches and seizures.

“Hoover has no constitutional right to refuse to take a reasonably reliable chemical test for intoxication,” Ohio Supreme Court Justice Judith Ann Lanzinger wrote in Wednesday’s ruling, which upheld the initial decision against Hoover and reversed the appellate court ruling.

Wisconsin Governor Wants Tougher DUI Laws

Jim Doyle, Governor of Wisconsin apparently wants to toughen Wisconsin’s drunk driving laws. In his own words he says he wants to sign a “good, strong bill” toughening drunken driving laws in Wisconsin.

A DUI bill passed in the state last week that makes a 4th DUI a penalty instead of the 5th offense, but Governor Doyle says he would like to see a third offense be a felony. He says he supports making it a crime if there’s children in the vehicle, while the recently signed bill supports just that.

Doyle says it’s clear that there’s “still a long way to go” to toughen the Wisconsin DUI laws.

Currently, Wisconsin is the only state where a first time DUI offense is not a crime. A first time Wisconsin DUI is legally the same as a traffic ticket, but this new bill makes the first offense a misdemeanor if a child under the age of 16 is in the car.

The aim in all these drunk driving laws is to prevent injury and death from drunk driving accidents. Last year alcohol-related crashes killed 234 and injured more than 4,000 people in Wisconsin alone.

If you have been accused of your 4th Wisconsin DUI, it may be time to contact a drunk driving attorney for a free consultation. It is here you can talk about the specifics of your case and how you can avoid a felony DUI conviction.

Maryland Drunk Driving Legal News Update

According to WCBC 1270 AM Online, Maryland will see changes to its DUI laws and penalties starting October 1st, 2009.  The changes will include:

• A second Maryland DUI means an automatic 1 year license suspension.
• Offenders are now prohibited from Probation Before Judgment (PBJ) more than once in a 10 year period.
• There is a a provision for fines and incarceration for persons violating a Motor Vehicle Administration (MVA) imposed driver’s license alcohol restriction in one bill.
• Another bill criminalizes the furnishing of alcohol to minors;

The changes came from the 2009 legislative session in Annapolis.

It’s not only in Maryland that DUI penalties are getting tougher. All over the country a drunk driving conviction can follow you for a very long time. If you have been arrested for DUI in Maryland or anywhere else, you would be well advised to contact a DUI attorney. If you already have a DUI on your record considered having it expunged.

Naked Cyclist Booked for Florida DUI

A man was charged with Florida DUI, initially pursued for being naked on a motorcycle. The suspect was spotted on Interstate 75 early. He was pursued by a Marion County police officer and stopped.

The suspect said the deputy asked him if he had been drinking, and he answered that he had. Breathalyzer tests revealed blood alcohol levels above .08, the state’s legal limit to drive. This is his 5th Florida DUI charge.

Jail records showed he was later released on $20,000 bail.

Being the frequent DUI offender that he is, you would think he would know better than to admit to being drunk. Now that he has, his Florida DUI lawyer will have more of a challenge in defending him . Many times, when the conviction relies solely on breathalyzer results, a DUI lawyer can discredit the accuracy of such test and free you of a DUI charge. One of many reasons why you should hire a DUI lawyer when accused of drunk driving in Florida.

Ohio Man Accused of 6th Drunk Driving Offense

A Northside Cincinnati, Ohio man with 5 previous Ohio drunk driving convictions was accused of DUI number six today.

The Ohio DUI suspect was northbound on Interstate 75, near the Western Hills viaduct, when he was pulled over for speeding. His blood alcohol level was .110. The legal limit in Ohio is .08.

If convicted for this drunk driving offense it will be considerd a class C felony under Ohio drunk driving laws.

The suspect is scheduled to appear in court Monday for his arraignment.

Get all the Ohio DUI news.

Tougher Wisconsin DUI Laws

Wisconsin could enable tougher drunk driving laws as soon as mid September.

First, a 4th DUI will be considered a felony under the new law. Currently a 5th time DUI in Wisconsin is considered a felony. Also, on the bill co-sponsored by Republican Tony Staskunas is mandatory ignition interlock use for repeat offenders.

The bill states an offender will have to at least partially pay for the installation and maintenance of the device. What this means exactly is unclear at the moment.

Wisconsin drunk driving law (DUI / OWI) prohibits a person from driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, or a combination of alcohol and a controlled substance, or any other drug which makes a person less capable of safely driving. If you have been arrested for drunk driving in Wisconsin you should contact a Wisconsin DUI lawyer immediatly. During your search, visit the Law Firm Directory to find a DUI lawyer.