DWI Law

Intoxicated Driving Program other

Department of Human Services . . . Quicklinks Treatment Directory Email Licensure Regulations Alcohol & Other Drug Reports (IDP) Intoxicated Driving Program other divisions/offices Commissioner for the Blind Deaf and Hard of Hearing Developmental Disabilities Disability Services Family Development Medical Assistance and Health Services Mental Health Services Office of Children's Services Office of Education DYFS Mission The mission of the Division of Addiction Services is to decrease misuse or abuse of alcohol, tobacco and other drugs by New Jerseyans by supporting the development of a comprehensive network of prevention, intervention and treatment services in New Jersey . Organization OFFICE OF THE ASSISTANT COMMISSIONER Carolann Kane-Cavaiola,M.A. Assistant Commissioner (609) 292-5760 Carolann.Kane-Cavaiola@dhs.state.nj.us : The Assistant Commissioner for the Division of Addiction Services (DAS) is responsible for formulating policy; insures that programs and their staff provide effective treatment, prevention and public awareness efforts against alcoholism and drug abuse; insures that a network of comprehensive prevention, intervention and rehabilitation services related to alcoholism, drug abuse and other addictive illnesses is available. With an operating budget of $129,117,000 for FY 2006, she oversees the day-to-day management of DAS' activities: planning, resource allocation, managed care and treatment, prevention, grants monitoring, research and information systems, and criminal justice. OFFICE OF INTERDEPARTMENTAL RELATIONS Beverly Cribbs Director (609) 984-3315 Beverly.Cribbs@dhs.state.nj.us Office of Intradepartmental Relations is responsible for ensuring that Substance Abuse issues within the Child Welfare Reform Plan (CWRP) are addressed and that accompanying implementation tasks are accomplished. This office was formed specifically to help the Division of Addiction Services move its CWRP activities forward under the CWRP. Tasks involve coordinating interdivisional meetings around CWRP and substance abuse, ensuring enforceables are met, assist DAS in developing partnerships around these tasks with other divisions and offices within OCS, assess how other OCS divisions are accessing/utilizing CWRP substance abuse treatment services, and assessing policies related to substance abuse services across systems. The Director also represents DAS on various Homeless committees, the Special Needs Housing Trust Fund Committee, and the Homeless Policy Academy . OFFICE OF THE ADMINISTRATIVE SERVICES Lewis Borsellino Director (609) 984-3212 Lewis.Borsellino@dhs.state.nj.us Responsible for budgeting State, Federal and other funds; develops budgets for program services, performs all accounting functions, fiscal analysis and budget projections. Advises Assistant Commissioner and other Service Directors on budget allocations and spending patterns; administers the fiscal aspects of the grant system, reviews applications, prepares grant documents, monitors expenditures and makes payments. Works with the Office of Auditing to insure grant funds were spent appropriately as reported. Purchases all goods and services needed to support program activities. Performs all personnel functions including benefits management and manpower development; advises management staff on recruitment, organizational structure and disciplinary procedures; provides support for all logistical needs such as facilities, equipment and parking. Responsible for information technology needs including hardware, software, internet and email issues; performs information technology development, implementation, and maintenance of the DAS multi-network, multi-user Local Area Networks ( LAN ); maintains network data security along with providing network end-user's support services. Grants Processing and Administration Manages all administrative programmatic activities needed to fund grantees contracted with by the Division of Addiction Services to provide the broad range of treatment services as described above. Activities in this Section include: reviewing and processing grant applications and budget revisions, communicating with grantees, and creating associated spending plans. OFFICE OF PREVENTION AND TRAINING SERVICES State and County Prevention Services Fran Miceli Director (609) 292-4414 Frances.Miceli@ dhs .state.nj.us Responsible through contracts, for providing community-based prevention education and early intervention services to at-risk populations that will enhance their knowledge and skills to promote healthy life choices. The Office promotes a 3-tiered approach: Universal - where media messages and written information is provided statewide to all citizens through contracts and the establishment of resource centers in every county. Selective - where programs of information and skill development are provided to groups of individuals at some risk. Indicated - where programs of information, skill development and behavioral change are promoted to identify individuals most at risk. New Jersey Alcohol and Drug Abuse Information Clearinghouse The New Jersey Alcohol and Drug Abuse Information Clearinghouse operate under the auspices of the Division of Addiction Services Office of Prevention Services. The purpose of the New Jersey Alcohol and Drug Abuse Information Clearinghouse is two-fold: (1) Serves as the main Clearinghouse for Alcohol and Drug Abuse Information at a State level and works in conjunction with the National Clearinghouse for Alcohol and Drug Abuse Information's (NCADI)/RADAR Network, 1-800-729-6686 . (2) Coordinates its services with the New Jersey Prevention Network (NJPN) and its 21 county resource sites. Workforce Development Responsible for assuring evidence based training opportunities are made available to those working with substance abusers and their families. Training towards licensing and certifications in both treatment and prevention are promoted and scholarships are made available to those who express need. OFFICE OF TREATMENT SERVICES Vicki Fresolone Director (609) 777-2164 Vicki.Fresolone@ dhs .state.nj.us The Office of Quality Treatment funds, monitors and supports, through contracting and regulation, substance abuse treatment programs statewide. Treatment for Special Populations Ann Wanamaker Director Office of Priority Populations (609) 292-7149 Ann.Wanamaker@dhs.state.nj.us Priority Populations include: Child Welfare Reform, Women's Initiatives, Adolescent Programs, Deaf and Disabilities, HIV/AIDS, Co-Occurring Disorders and Oxford Houses. Oversees and provides technical assistance to programs that provide specialized addiction treatment services to people with special needs. The special needs addressed by this Section includes: people who are deaf, hard of hearing, or disabled, pregnant women, women with dependent children, minorities and adolescents. Oversees a special program, The South Jersey Initiative ( SJI ), that provides access to addiction treatment services to adolescents and young adults ranging in age from 13 through 24. The program treats this special population in the following 8 Southern New Jersey counties: Atlantic , Burlington , Camden , Cape May , Cumberland , Gloucester , Ocean, and Salem . Oversees a special program, The World Trade Center/New Jersey Recovers Initiative, which provides access to addiction treatment services to first responders and families of victims of the World Trade Center disaster. Licensure and Contract Compliance Kathleen Goat-Delgado Manager (609) 292.0563 Kathleen.Goat-Delgado@dhs.state.nj.us Responsible for the review of all substance abuse treatment programs, outpatient residential and opioid treatment, to ensure compliance with the clinical and programmatic aspects of state licensure regulations. Provides technical assistance to new and existing agencies to develop and maintain their compliance with existing regulations. Responsible through the maintenance and development of contracts with licensed substance abuse treatment agencies for providing substance abuse services for medically indigent substance abusing clients statewide. Responsible for the monitoring of these programs to ensure that these clinical services are delivered in accordance with the best practices and contract requirements. Quality Assurance / Complaint Investigation Barbara Burke-McAllister Manager (609) 292.0519 Barbara.Burke-McAllister@dhs.state.nj.us Receives consumer, public and interdivisional complaints, reports of critical incidents and other reports of program deficits in any substance abuse treatment facility; the office logs, triages and investigates all reports, cites the facility for non-compliance with applicable State and Federal regulations; recommends program changes and recommends enforcement for any repeated or egregious violation with the goal of ensuring client safety and quality treatment. New Jersey Access Initiative (NJAI) Catherine Vahey Manager (609) 292-8113 Catherine.Vahey@dhs.state.nj.us Responsible for the New Jersey Access Initiative, a three year federally funded grant program awarded to New Jersey in response to the President's Access to Recovery initiative. The program objective is to enhance traditional treatment by providing Recovery Mentors to clients receiving substance abuse treatment who are addicted to an opioid. OFFICE OF NETWORK DEVELOPMENT AND CAPACITY EXPANSION Michael Hanlon Director (609) 292-7385 Michael.Hanlon@dhs.state.nj.us To maintain, manage, develop and license substance abuse treatment agencies that provide substance abuse treatment services to the citizens of the State of New Jersey . Our goal is to insure that service delivery is uniform and of the highest quality through the provision of technical assistance to all treatment agencies to meet the standards set forth in State licensure regulations. This technical assistance is in the form of mandatory inspections, surveys, contract negotiations and partnering with the treatment community. To improve service access through the ongoing monitoring of current treatment capacity, assessment of community needs and support of additional treatment slots throughout New Jersey . To act as an advocate for those seeking treatment services and as liaison between treatment agencies, funding streams and other stakeholders related to substance abuse treatment services. This Unit is comprised of the following 3 Sections: Program Development; Treatment for Special Populations; and the Intoxicated Driving Program County Based Initiatives: Larry Appling Chief (609) 292-7293 Larry.Appling@ dhs .state.nj.us Under the auspices of Public Law (P.L.) 1989, Chapter 51 New Jersey counties are authorized to plan and develop addiction treatment and education services for county residents. The County-based Initiatives Unit is responsible to administer, coordinate and monitor county activities related to county planning and program development for addiction treatment services. Also, the Unit provides liaison and technical assistance services to county offices on alcoholism and drug abuse; professional and community advisory committees. Unit staff also attends and interact within the Department of Human Services (DHS) Regional Interdivisional communication forums." Work First NJ Substance Abuse Initiative (WFNJ- SAI ): Steven M. Johnson Program Director (609) 984-9896 Steven.Johnson@ dhs .state.nj.us Oversees a special program, Work First NJ Substance Abuse Initiative (WFNJ- SAI ), that facilitates addiction assessment and treatment services in support of New Jersey 's welfare reform effort. This Section coordinates its activities with the Departments of Human Services and Mental Health Services within State government, and the 21 county welfare agencies. Intoxicated Driving Program (IDP): Joseph Chiappa Director (609) 588-3547 Joseph.Chiappa@dhs.state.nj.us Processes the conviction records of drivers convicted of driving under the influence, schedules these drivers for detention/evaluation/education and, if appropriate, referral to treatment by the county-based Intoxicated Driver Resource Centers (IDRCs). Oversees the operations of the IDRCs to ensure they are operating within the relevant laws and regulations. Approves the establishment of IDRCs, and approves the affiliation of all treatment providers with the IDRCs Licensing, Inspections and Complaints: Harry Reyes Program Manager 609-292-6587 Harry.Reyes@dhs.state.nj.us Responsible for inspecting outpatient and residential substance abuse treatment facilities to ensure compliance with all applicable state and federal regulations. Once in compliance the facilities are then recommended for licensure approval. In addition the Unit is responsible for complaint investigations. Conduct licensure inspections and re-inspections to determine eligibility for initial licensure and license renewals of residential substance abuse treatment facilities in accordance with NJAC 8:42 A. Respond to complaints about substance abuse treatment providers to determine compliance with licensure standards, including patient rights. Continue licensure of the approximately 170 residential and outpatient substance abuse treatment facilities currently licensed; assist unlicensed DAS grantees and other unlicensed providers to obtain DHSS license through the provision of technical assistance to guide applicants through the licensure process and assess potential sites for compliance with facility standards. Develop, publish and promulgate new or revised licensing standards for residential and outpatient substance abuse treatment facilities OFFICE OF PLANNING AND NEW INITIATIVES: Jeffrey Clayton Director (609) 292-8949 Jeffrey.Clayton@ dhs .state.nj.us The Office of Planning and New Initiatives is responsible for maximizing and coordinating activities to enhance New Jersey's addiction resources and to support development of new and innovative services to treat and combat substance abuse and addiction. This mission is carried out through collaboration with other State, Federal and local entities, and through partnering with community-based organizations. The Office assists in planning and coordination activities related to management of the Federal Substance Abuse Prevention and Treatment Block Grant, including liaison with Federal government policy and grants staff. It also oversees preparation and submission of funding applications to Federal and other agencies; development and review of Requests for Proposals (RFPs) for grant programs; and management of new programmatic initiatives. Staff of the Office represent the Division of Addiction Services in state and local planning forums and provide guidance for regulatory proposal development. The Office currently is overseeing the development and management of substance abuse treatment services for criminal offenders at various points within the adult and juvenile criminal justice systems, especially for the new DAS Drug Court , Juvenile Justice, the Mutual Agreement Program ( MAP ), and Offender Reentry initiatives. The unit is responsible for planning, policy development, funding allocation, service improvement and systems coordination activities associated with the statewide network of residential and outpatient services for these populations. OFFICE OF POLICY DEVELOPMENT (609) 292-9068 Responsible for the formulation of policy for the Division of Addiction Services, including the integration of management information systems, research, quality effective treatment, and public awareness efforts Management Information Systems Charles J. Crowley Coordinator, Systems Analysis and Development (609) 292-8930 Charles.Crowley@ dhs .state.nj.us MIS is responsible for overseeing the reporting systems of the alcohol, drug abuse, and compulsive gambling treatment and prevention systems. The Office collects data, designs and prepares computerized reports for internal and external use and provides feedback of raw data reports to the programs and Division staff. Provides technical data processing assistance. Analyses the workflow of programs or activities determines which aspects could benefit from computerization, to determine the specific hardware and software needs, designs data entry forms, computer screens, application programs and output reports. Provides training in the use of computer hardware and software. Research Operations Allison Gertel Program Manager (609) 984-4050 Allison.Gertel@ dhs .state.nj.us Undertakes all aspects of non-laboratory research from the design of research protocols and forms through the final report. Produces secondary research using computerized literature search systems. Designs studies and provides consultant services on statistical power and sample size determination. Writes reports for publication in referred scientific journals, summarizing findings for federal project sponsors and internal dissemination documents. Develops grant applications, especially those of a research nature.

DWI (Driving While Intoxicated) Information Missouri Department of Revenue accesskey legend skip navigation home | contact | jobs | site map | about DOR Trish Vincent, Director Displays Today's Date Personal Tax || Business Tax || Motor Vehicle License || Driver License || Human Resources Google Search Search DOR site forms state Advanced Search Driver License Forms & Manuals Driver License Checklist Driver Guide DWI Information Insurance Information Tickets & Points License Reinstatement Driver Records Commercial Drivers Office Locations FAQ's Contact Information DOR Human Resources MV / DL Taxation & Collection (opens a new window) The "Need Help?" button activates a popup screen that allows users to fill out a help form and submit it the the Department of Revenue for a reply. Adobe Acrobat Help Home » MV/ DL » Driver License DWI (Driving While Intoxicated) Information Alcohol Convictions Administrative Alcohol Arrests Chemical Refusal Test Abuse and Lose Minor in Possession/Other Alcohol Offenses Related Frequently Asked Questions: Administrative Alcohol Chemical Test Refusal Abuse and Lose Minor in Possession/Other Alcohol Offenses Information 24/7 – If you have questions about a ticket, suspension, or revocation on your Missouri driver record, you may now call our new interactive voice response system at (573) 526-2407 - available 24 hours a day, 7days a week. Alcohol Convictions Statutory References: 302.302 , 577.010 , and 577.012 , RSMo Points are added to a driver's record for an alcohol related traffic conviction. First conviction for excessive blood alcohol content (BAC) 8 points First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) 8 points Second or subsequent conviction for DWI, DUID or BAC 12 points Commercial motor vehicle .04% 2 points A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year. Multiple Convictions A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five year period also receives a five year license denial. A ten year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination thereof. After ten years, the privilege to drive can be restored only by court order. Reinstatement A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked. Anyone suspended or revoked for points assessed as a result of an alcohol related conviction must meet the following reinstatement requirements: Pay a $45 reinstatement fee. File and maintain proof of financial responsibility for two years from the suspension or revocation date. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee. back to top Administrative Alcohol Arrests Statutory References: 302.500 through 302.540 A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as, criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under section 302.500 through 302.540 . The arresting officer completes and sends information to the Department of Revenue, including the following. Alcohol Influence Report form (AIR). Missouri Uniform Complaint and Summons, or warrant, if applicable. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individual's license is taken). Missouri Driver License, if secured. Hearing Process The driver has 15 days from the date of the arrest to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer's testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear. Suspension/Revocation If the action is upheld, the driver license is suspended or revoked based on the prior five year driver record. If convicted or suspended during the past five years for an alcohol related law enforcement contact, the person is revoked for one year, if not, a 30 day suspension is imposed. The 30 day suspension is followed by a 60 day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue. If the driver does not request a hearing, a suspension or revocation begins on the 15 th day after the arrest, and is final. If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the license is returned, if applicable. The reinstatement requirements are: Pay a $45 reinstatement fee. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. If revoked, the individual is required to take the complete written and driving tests before applying for a new license. back to top Chemical Test Refusal Statutory Reference: 577.041 Missouri's implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year. Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form or a Refusal Affidavit. The arresting officer will take possession of any valid Missouri Driver License the driver has in his or her possession and issue a 15 day permit. Any continued driving beyond the initial 15 day period must be pursuant to a court issued stay order. The stay order will hold the revocation in abeyance until disposition of the case. If the arrest is upheld by the court, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the revocation is canceled and the license is returned, if applicable The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. back to top Abuse and Lose Statutory Reference: 577.500 If ordered by the court, anyone under the age of 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons: Any alcohol related traffic offense. Any offense involving the possession or use of alcohol while operating a motor vehicle. Any offense involving the possession or use of a controlled substance. Any offense involving the alteration, modification or misrepresentation of a driver license. A second offense involving the possession or use of alcohol by someone under 18 years of age. The first withdrawal action under the Abuse and Lose law shall be for 90 days and any subsequent action shall be for one year. The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. back to top Minor in Possession/Other Alcohol Offenses Statutory References: 311.325 and 577.500 Conviction Two points are added to a driver's record for a minor in possession traffic conviction. The person must have been operating a motor vehicle. Court Ordered Suspension/Revocation If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons: Purchasing or attempting to purchase any intoxicating liquor. Possessing any intoxicating liquor. Being visibly intoxicated as defined in section 577.001 , RSMo. Having a blood alcohol content level of more than .020 percent. The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year. The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. back to top Office Locations · Privacy Policy · Media Center · State Home Page ©2006 Missouri Department of Revenue. All rights reserved.

drunk driving laws, DUI

Ventura DUI: Laws and Lawyers Ventura DUI Laws and Lawyers "Ventura DUI — Laws, Lawyers and the Legal System ", is a reference source for those persons arrested for driving under the influence of alcohol or drugs in Ventura County, California: courts and police agencies, drunk driving laws, DUI criminal penalties, Ventura DUI attorneys and lawyers, DMV driver's license suspensions, breath tests, police investigative procedures, and more — including answers to such common questions as: What crimes will I be charged with for a DUI in Ventura County ? What do those field sobriety tests mean? What are the possible penalties for driving under the influence of alcohol ? How can I estimate my blood-alcohol level ? How can I call the court , police , or prosecutor's office for information? Who are the best DUI lawyers in Ventura County? How can I save my driver's license ? Were my legal rights violated by the police? "What should I do if I'm stopped for drunk driving?" Nationally-known Ventura DUI lawyer Lawrence Taylor, author of the legal textbook Drunk Driving Defense (6th edition), offers 5 tips: Politely decline to answer questions without an attorney. Decline to take any field sobriety tests (not required by law and rarely helps you). Unless you are under 21, decline to take any handheld breath test not required by law. Agree to take a required "evidentiary" breath test (blood if confident you are under .08%). Contact the DMV within 10 calendar days to demand a license suspension hearing. A DUI Arrest is Not a Conviction One of the top drunk driving lawyers in the country gives an excellent explanation of the myths and realities of defending against drinking and driving charges in today's criminal justice system. The Great .08 Debate Excellent discussion of the .08% blood-alcohol controversy, from noted New York attorney Ed Fiandach. DUI Blog Commentary on the defects, fallacies and Constitutional damage of the "war on drunk driving". California DUI Attorneys Resource Center California-oriented legal megasite for lawyers and laymen, containing information and over 600 links. California DUI If your drunk driving arrest was outside of Ventura County, you may wish to visit our statewide site. California DUI Laws Ventura Courts, Prosecutors and Police Finding A Good DUI Attorney Drunk Driving Punishment Blood-Alcohol Levels Standard Field Sobriety Tests BAC Testing Devices The Eye Test Blood-Alcohol Tests License Suspensions DUI Search Help Home © 2002 All Rights Reserved Site Map | Legal Disclaimer "Ventura DUI Laws and Lawyers" is provided as an information center for those facing criminal charges in Ventura County, California. It is also intended to counter the growing influence of radical groups pressuring courts, prosecutors and legislators for more unfair DUI laws, increasingly harsh punishment, more erosion of our Constitutional protections, and ultimately a return to the days of prohibition. The website for the National Motorists Association presents views on such important DUI-DWI issues as the constitutionality of roadblocks, reliance upon questionable breath tests, officer-administered license suspensions, and inappropriate penalties in drunk driving cases. This website is intended to provide DUI information for the following communities in Ventura County: Camarillo , Casitas Springs, Fillmore, Moorpark, Newbury Park, Oak View, Ojai, Oxnard , Piru, Point Mugu, Port Hueneme, Santa Paula, Simi Valley , Somis, Thousand Oaks , Ventura and Westlake Village. Los Angeles DUI | Orange County DUI | San Diego DUI | Riverside DUI | Ventura DUI

DUI attorneys throughout the

DUI Attorney Orange County 888-367-4380 Remember, the more information you provide, the easier it is for us to help you. * Required Do you have any previous drunk driving convictions? Yes No If yes how many? Select 1 2 more than 2 Were you involved in an accident? Yes No If yes was anyone hurt? Yes No Were any of the following field sobriety tests performed (check all that apply)? Breathalizer Alphabet Counting Balance Nose Please describe your situation: Were you arrested at the scene? Yes No eg. xxx-xxx-xxxx This is a paid advertisement. By submitting a question, you agree to our terms and conditions. Experience, Ethics, Reputation. Choose With Confidence. Lawyers featured on LawInfo.com must be Lead Counsel certified Why Choose a Lead Counsel Certified Attorney? Professional Experience: Lead Counsel Attorneys average 21.6 years experience practicing law. Relevant Experience: Lead Counsel Attorneys devote at least 30% of their practices to the area of law in which they're listed. Reputation: LawInfo conducts peer reference checks to verify status and reputation in the legal community. Spotless Record: All Lead Counsel Attorneys are verified to be in good standing with their state bar associations and have no client related disciplinary action. Attorney Profile Firm Profile Questions & Answers Contact Drunk Driving Defense Attorney Orange County Attorney Profile Barry Simons is a nationally known expert in DUI Defense who has spent the last 30 plus years fighting for drivers' rights in Orange County's Courts. Barry Simons is one of the Founding Members of the National College for DUI Defense and currently serves on that organization's 12-member Board of Regents . Barry Simons is one of only four attorneys in the State of California to hold Board Certification in DUI Defense under standards approved by the American Bar Association . In 2001, he was selected to serve as Vice-Chair of the DUI Advocacy Commission of the National Association of Criminal Defense Attorneys . Barry Simons is currently on the Board Of Directors of the California Association of DUI Lawyers and has qualified as a Specialist Member . Barry Simons is also "Preeminent" and “AV” Rated by Martindale-Hubbell and has been selected to "Who's Who In American Law".Barry Simons is also the "Co-Author" to "California Drunk Driving Law", the "Bible" of DUI Defense. In 1998, Barry Simons established relaxed standards required at DMV Hearings to challenge alcohol-testing procedures in DUI Cases. ( Robertson v Zolin In 1999, he forced the DMV to announce that they would cancel 4,700 drunk driving suspensions after exposing the Orange County Crime Laboratory’s use of unapproved breath testing machines ( Trautman v DMV ). In 2002, Barry Simons exposed the Orange County Crime Laboratory’s use of unapproved Blood Testing methods between 1996-and-2002 ( Bite v. Gourley ) invalidating blood test suspensions for all of his clients during that entire period. Barry Simons followed these accomplishments in 2003 with Baker v Gourley, which established the rule that the DMV cannot rely on police opinions of intoxication to suspend drivers' licenses . His class action lawsuit against the entire Irvine Police Department for failing to give DUI arrestees a choice between blood or breath and urine tests resulted in the decision in Nelson v. City of Irvine in the Federal Ninth Circuit Court of Appeals, which was upheld by the U.S. Supreme Court. In that case, Barry Simons established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test , except under unusual circumstances. His most recent case was before the United States Supreme Court in a challenge to "Roadblocks". Barry Simons has presented his cases and lectured at seminars for DUI attorneys throughout the United States on subjects including scientific evidence, legal motions, DMV practices and procedures, and the interstate implications of DUI license suspensions. His drunk driving cases include successful challenges in both trial and appellate courts to DUI Roadblocks, Preliminary Alcohol Screening Devices, DMV procedures and practices and refusals to take chemical tests. Barry Simons is Orange County's “Recognized Leader in DUI Defense” Firm Profile The Law Offices of Barry T. Simons is dedicated to fighting DUI cases. Our attorneys are specially trained and educated in the unique aspects of DUI defense. Our office maintains the highest standards of continuing legal education possible to bring you the most up to date scientific knowledge and legal skills to defend DUI cases all across Southern California. Questions & Answers What Will Happen To My Driver’s License? The DMV will suspend your driver's license from four months to four years depending on priors and other aggravating facts unless you take immediate action! The Temporary License that you got at the time of your release from jail in place of your Real Driver's License has a HIDDEN TIME BOMB: You MUST CONTACT THE DMV WITHIN 10 DAYS OF YOUR ARREST TO REQUEST A HEARING TO CONTEST THE SUSPENSION OF YOUR DRIVER'S LICENSE . If you make a timely request for an administrative hearing, the suspension of your license will be STAYED pending the final determination of your case by the DMV. You also have the RIGHT TO APPEAL a DMV Hearing Officer’s decision against you to a REAL JUDGE If you are going to hire an attorney, do so prior to contacting DMV. Your attorney will be able to push your hearing date back to ensure that you are fully prepared for your DMV case. Furthermore, your attorney will need to coordinate your hearing date with your defense in Court. If you are approaching the 10-day limit, call the DMV immediately to request an in-person hearing and advise them that your attorney will be contacting them to set up a date. REQUEST A STAY and take note of the person with whom you spoke. You must request a hearing through a DRIVER SAFETY OFFICE in the County of your arrest— DO NOT CALL A DMV FIELD OFFICE. Do not let the DMV talk you out of requesting a Hearing and getting a Stay on your Suspension! DMV CASES CAN BE WON. Many people think that if their blood or breath test resulted in a reading of 0.08% or more they will automatically loose their license. THIS IS NOT TRUE. There are many technical/scientific and legal defenses including the failure to strictly comply with the California Code of Regulations, which can and do result in suspensions being set aside. Our Office has focused on finding systematic failures of government agencies to follow the rules set forth in Title 17 of the California Code of Regulations, which have resulted in successful challenges to DMV suspensions in a majority of our cases over the last ten years. THE DMV NOW SUSPENDS FOR CONVICTIONS. As of Sept. 20, 2005, the DMV has taken over jurisdiction of all suspensions and restrictions of Driver’s Licenses. (The Court, however, retains the power to exclude a Restriction upon a proper showing)A 1 st Offense DUI conviction carries a 6-month suspension. Restrictions are still available, but new regulations make it much more difficult to avoid a suspension and require a well thought out strategy by an experienced DUI Attorney. A 2 nd Offense DUI conviction within 10 years of a prior offense carries a 2-year suspension that cannot be converted into a restriction for at least a year unless you are successful at both the DMV Hearing and the Court case. Winning in Court, or having your 2 nd Offense DUI reduced after winning at the DMV Hearing, is critical to avoid a minimum 1-year suspension. Now, more than ever, a multiple offender needs an attorney dedicated DUI defense! An Attorney who specializes in DUI Defense can guide you through the legal process in ways that could substantially reduce any suspension imposed by 50-100%, even if your case cannot be won outright. Is A DUI Conviction A Felony? A first-time DUI conviction is normally charged as a misdemeanor, not a felony. However, if someone was injured as a result of the drunk driving, the charges can be elevated to a felony. If the injuries are serious enough, a special sentencing enhancement allegation can be filed making the DUI with injury a “Serious and Violent Felony”. If anyone dies as a result of drunk driving, one can be charged with Vehicular Manslaughter While Intoxicated or, Gross Vehicular Manslaughter While Intoxicated. If someone dies as a result of drunk driving, and the driver has a prior conviction for DUI, it is likely that he/she will be charged under an Implied Malice theory. Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10-years of the new charge. Whether a DUI conviction ends up as a misdemeanor or a felony depends heavily upon the type and length of the punishment for the crime. For example, misdemeanors carry the possibility of incarceration in the county or local jail for one year or less; felonies usually require a state prison term for more than a year. What Criminal Penalties Follow A DUI Conviction? A DUI conviction may affix criminal penalties such as fines, jail, probation, and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Drivers with prior DUI convictions should be aware that minimums are just that!! Conservative Judges and zealous Prosecutors will seek lengthy jail sentences for multiple offenders—especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced DUI Attorney who is familiar with the Court you are assigned and how to avoid harsh jail sentences. The look-back period for multiple offenses has been increased from 7 years to 10 years. Drivers with prior convictions for offenses, which were more than 7 years from the date of their prior offense, may have a constitutional challenge to the retroactive increase and should contact an Attorney who specializes in DUI Defense. The severity of criminal penalties will vary according to the circumstances of the offense that include, but are not limited to: whether the driver has a history of DUI violations, whether the driver was operating a commercial vehicle at the time of the DUI, whether the DUI violation occurred while there was a child in the vehicle, whether the DUI violation occurred simultaneously with another dangerous moving violation; i.e. reckless driving, whether the DUI violation involved a car accident in which property damage occurred, whether the DUI violation involved a car accident in which another person was injured or killed, and whether the driver was under the legal drinking age at the time of the DUI violation. Contact Additional Questions or need further information? Barry Simons Law Offices of Barry T. Simons Lawyer's Court 260 St. Ann's Drive Laguna Beach, CA. 92651 Telephone: 888-367-4380

California DWI DUI OWI

Bystrom DUI Attorneys, Bystrom, California DUI, Drinking and Driving Lawyers, Drunk Driving Attorneys in Bystrom, CA DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Bystrom, California DUI Law Information Your law firm banner here - contact biss@lawyers.ca This is a database of Bystrom, California DUI Law information contributed by Californiadrinking and driving lawyers who practice DUI law in and near Bystrom, CA and who are members of the International Referral Database of DUI,DWI, Impaired and Drunk Driving, Drinking and Driving, Lawyers & Attorneys.Participation in the database is free to DUI Defense lawyers. The aim of thedatabase is to provide the public and colleagues in other states and provinceswith a great deal of good quality information about local DUI laws and practice. If the databelow is incomplete, please encourage local attorneys to join and add helpfulinformation. If aparticular DUI attorney's name is not mentioned, he or she may not yet havejoined the database or they may not have specifically listed "Bystrom" in the region fieldof their profile. If aparticular DUI courthouse is not detailed, it may not yet be entered in the database orno one has listed "Bystrom" in the cities ortowns served fieldof that courthouse. You willfind helpful information about any criminal law courthouses found in Bystrom, California, andperhaps motor vehiclelicense offices in Bystrom, California. Below you will also find linksto Summaries of DrunkDriving Law for California,information about what to do on first attendance in DUICourt in the greater Bystrom, California area, what clothing you should wear in DUI Courtif you are in Bystrom, California, and why youshould be early for Court in Bystrom, California. There are links tolistings of California DUI CriminalLaw Courthouses and motor vehicle offices throughout California. Follow theBAC instrumentslinks and standards links to find out about the breath alcohol concentration (BAC) instruments usedin California. CA DUI Drinking andDriving laws can becomplex. DUI Legislation may be found by following the links to the Californiadrinking and driving statutes. No courthouses entered yet for this community. Local DUI attorneys are welcome to add a separate web page for each of the DUI courthouses in this jurisdiction, each linked from this page and each containing your advertising banner on top with links back to you. Each courthouse page can also contain a telephone directory for the courthouse with a separate web page for each government office in the courthouse. Multiple pages created by you mean multiple hyperlinks back to your own site. Contact biss@lawyers.ca for more information.. Index of DUI Courthouses in California No DMV offices entered yet. Paid banner advertisers are invited to add licence offices each with their own profile and advertising banner. Index of Motor Vehicle Offices in California Index ofCounty Lawyer Association Pages in California Index of Cities, Towns, Boroughs, and Villagesin California Database of DUI Attorneys and Lawyers in and near Bystrom, CA If you are a California DUI Defense Attorney and you would like toparticipate please click AddingYour Firm . If you are already a member of the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys and you practicein or near " but your namedoes not appear in this list for Bystrom we suggestthat you specifically add "Bystrom" to the Region fieldfor your profile along with the name of every city, town, village, and suburbwhere you practice. No records returned. California DWI DUI OWI OUI Information Summaries of DUI Law for California What to Do On DUI Court First Appearance What to Wear to DUI Court Being Early for DUI DWI Court Directory of DUI Courthouses in California Directory of Motor Vehicle Offices BAC Instruments used in DUI Court Cases DUI Breath and Blood Collection Standards and Departments Responsible DUI Legislation in California Substantive DUI/Excess Alcohol Offense DUI Refusal Offense/Presumption DUI Administrative Driver's License Suspension Drinking and Driving Procedure/Evidence DUI Penalties Suspension on Conviction, Prohibition DUI Drive While Suspended Offense Immigration, Exclusion of Visitors resulting from DUI Reciprocal DUI Agreements Constitutional Rights in DUI Cases Other Criminal Non-DUI Legislation DUI Attorneys - Lists by County in California List of DUI Attorneys and Practice Descriptions Avocats DUI, droit criminel Adwokaci DUI, prawo kryminalne List of DUI Forensic Experts and Practice Descriptions State/Province DUI Data and Links to DUI Statutes The Impaired Driving Checklist The Drinking Driver's worksheet DUI and Criminal Defense Character Reference Letters Articles and Writings California DUI Attorney Articles and Writings California DUI Lawyer Articles and Writings California Drunk Driving Attorney Articles and Writings California Drunk Driving Lawyer Articles and Writings National College for DUI Defense Chemical Tests: Blood, Breath and Urine Basic DUI Law: Misdemeanor and Felony DUI Blood Alcohol Calculator California DUI Defense and DWI Lawyer Guide NoCuffs.com DUI NoCuffs.com DUI NoCuffs.com Contact a California Attorney Now via Netcall "MADD AND MADDER" Got-a-DUI? 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Attorneys in Martinez, California DUI Lawyers , Martinez, CA Drunk Driving Lawyers DUI Attorneys in Traver, California DUI Lawyers , Traver, CA Drunk Driving Lawyers DUI Attorneys in Blythe, California DUI Lawyers , Blythe, CA Drunk Driving Lawyers 8 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.