DUI Arrests Made in

OUIL 3RD - CHALLENGED

Districit Court Review for 1998 - Menu District Court Reviewfor 1998 - Menu Return to District Court Review Menu Return to Calhoun County Courts Homepage December JURY SELECTION - JURY - VOIR DIRE - CHALLENGE People v. Colon, 233 Mich App 295 (1998), 12/29/98 DOMESTIC VIOLENCE - HEARSAY RULE - PRESENT SENSE IMPRESSIONEXCEPTION People v Henrickson,459 Mich 229 (1998) 12/28/98 OUIL 3RD - CHALLENGED PRIOR PLEA-BASED CONVICTION - NO COURT APPOINTEDATTORNEY People v Reichenbach,459 Mich 109 (1998), 12/22/98 MISREPRESENTING THE IDENTITY OF A MOTOR VEHICLE WITH INTENT TO DEFRAUD- WHAT CONSTITUTES INTENT - FELONY OR MISDEMEANOR People v. Venticinque,459 Mich 90 (1998), 12/22/98 November October OUIL - REFUSAL OF BREATHALYZER TEST - SEARCH WARRANT - EFFECTOF DESTRUCTION OF BLOOD SAMPLE ON ADMISSIBILITY OF TEST RESULTS People v. Jagotka,232 Mich App 346 (1998), 10/27/98 AUTO ACCIDENT - NO-FAULT BENEFITS - INJURY DUE TO ATTACK BY OTHER DRIVERAFTER ACCIDENT - INJURY RELATED TO TRANSPORTATION FUNCTION COVERED Morosini v. CitizensInsurance Company (On Remand), 232 Mich App 259 (1998), 10/20/98 September August EMPLOYMENT CONTRACT - EMPLOYEE REQUIRED TO PAY FOR TRAININGIF WORKS LESS THAN SIX YEARS - EMPLOYER NOT RECEIVING REMUNERATION OR CONSIDERATIONWHICH WOULD VOID CONTRAT Sands Appliance Servicesv. Wilson, 231 Mich App 405 (1998), 8/28/98 July Top of Page June OUIL - MOTION TO SUPPRESS BREATHALYZER TEST - FAILURE TO OBSERVEDEFENDANT 15 MINUTES BEFORE TEST - HARMLESS ERROR People v. Wujkowski,230 Mich App 181 (1998), 6/5/98 SECOND DEGREE MURDER - INTENT - MALICE - MOTION TO AMEND INFORMATION People v Goecke; Peoplev Baker; People v Hoskinson, 457 Mich 442 (1998), 6/2/98 OUIL - MOTION TO SUPPRESS BLOOD ALCOHOL TEST - FAILURE TO INFORM DEFENDANTOF CHEMICAL TEST RIGHTS People v. Borchard-Ruhland, 230 Mich App 166 (1998), 6/2/98 May OUIL 3RD - DRIVING ON SUSPENDED OR REVOKED LICENSE 2ND - CHALLENGEDPRIOR PLEA-BASED CONVICTION - COLLATERAL OR DIRECT ATTACK People v. Ward, 230Mich App 95 (1998), 5/26/98 LAND CONTRACT FORFEITURE - JUDGMENT LANGUAGE CONTRARY TO MCLA600.5741 - REDEMPTION PERIOD - WRIT OF RESTITUTION Wilson v. Taylor, 457Mich 232 (1998), 5/6/98 April JUDGMENT - ORDER FOR INSTALLMENT PAYMENTS - GARNISHMENT OFPROFIT-SHARING CHECK Meyer Jewelry Co v.Johnson, 229 Mich App 177 (1998), 4/3/98 Top of Page March MANSLAUGHTER - DISCOVERY OF INFORMATION OBTAINED BY THE PROSECUTORTHROUGH INVESTIGATIVE SUBPOENAS People v. Pruitt, 229Mich App 82 (1998), 3/27/98 SLANDER OF TITLE - EXEMPLARY DAMAGES - ATTORNEY FEES - PREJUDGMENT INTEREST B&B InvestmentGroup v. Gitler, 229 Mich App 1 (1998), 3/24/98 DUIL - BREATHALYZER - RIGHT OF ATTORNEY TO PRIVATELY TALK TO CLIENTBEFORE TEST - MOTION TO SUPPRESS TEST RESULTS City of Ann Arbor v.McCleary, 228 Mich App 674 (1998), 3/17/98 MULTICOUNTY CITIZENS' GRAND JURY - VALIDITY OF COURT OF APPEALS ORDERCONVENING - SCOPE OF INQUIRY People v. Morris, 228Mich App 380 (1998), 3/3/98 IMPAIRED DRIVING 2ND - BREATHALYZER TEST - MOTION TO SUPPRESS BREATHALYZERTEST - BREATHALYZER NOT TESTED FOR 13 DAYS People v. Rexford,228 Mich App 371 (1998), 3/3/9 8 Top of Page February OPEN MEETINGS ACT - JURY INSTRUCTIONS - CRIMINAL VIOLATIONIS SPECIFIC INTENT CRIME People v. Whitney,228 Mich App 230 (1998), 2/24/98 NO-FAULT INSURANCE - ASSIGNMENT OF BENEFITS - STATUTE OF LIMITATIONS- MENTAL INCOMPETENCY - TOLLING THE STATUTE OF LIMITATIONS Professional RehabilitationAssociates v. State Farm Mutual Auto Insurance Co., 228 Mich App 167 (1998), 2/20/98 DUIL 3RD - CHALLENGED PRIOR PLEA BASED CONVICTIONS - RIGHT TO COUNSEL- DEFENDANT ADEQUATELY ADVISED AS TO RIGHT TO COUNSEL People v. Asquini,227 Mich App 702 (1998), 2/6/98 CARRYING A CONCEALED WEAPON - SEARCH AND SEIZURE - NO SEIZURE - EVIDENCEIN PLAIN VIEW People v. Shankle,227 Mich App 690 (1998), 2/6/98 DUIL - DEFENDANT NOT OPERATING MOTOR VEHICLE AT TIME OF ARREST - ACCIDENTEXCEPTION NOT APPLICABLE - BLOOD ALCOHOL RESULTS ADMISSIBLE IF ARREST CONSTITUTIONALLYVALID People v. Lyon, 227Mich App 599 (1998), 2/3/98 January OPEN AND GROSS LEWDNESS AND LASCIVIOUS BEHAVIOR - CONSTITUTIONALITY - ELEMENTS OF CRIME People v. Mell, 227Mich App 508 (1998), 1/23/98 OUIL - PIT AREA OF OWENDALE SPEEDWAY COVERED BY STATUTE People v. Nickerson,227 Mich App 434 (1998), 1/20/98 Top of Page Return to District Court Review Menu Return to Calhoun County Courts Homepage Last updated 7-11-99 Send your comments, questions and suggestions to Phil Harter at 161E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@internet1.net

Colorado State Patrol You will need Acrobat Reader to open and view PDF documents. Please click here to download Acrobat. Current CSP press releases can be viewed by clicking here . The CSP Press Archive can be viewed by clicking here . Nearly 400 DUI Arrests Made in New Year’s Eve Enforcement Effort Date released: 1/23/2006 The Heat Is On campaign made 398 DUI arrests during its New Year’s Eve DUI enforcement period. The reported DUI arrests are from the Colorado State Patrol and 68 police and sheriff’s departments participating in the campaign. The arrests came during an enforcement period that started at 6 p.m. on Friday, December 30, 2005 and ended at 3 a.m. on Tuesday, January 3, 2006. The Colorado State Patrol made 75 DUI arrests. The Denver Police Department made 31 DUI arrests. In El Paso County, agencies made 51 DUI arrests. The El Paso County Sheriff’s Office made 17 DUI arrests and the Colorado Springs Police Department made 30 DUI arrests. The Monument Police Department made two DUI arrests. The Fountain and Manitou Springs Police Departments each made one DUI arrest. In Adams County, seven agencies made 44 DUI arrests. The Adams County Sheriff’s Office and Thornton Police Department each made 10 DUI arrests. The Brighton and Commerce City Police Departments each made eight such arrests. The Federal Heights Police Department reported four DUI arrests and the Aurora and Northglenn Police Departments each reported two DUI arrests. In Jefferson County, five agencies made 37 DUI arrests. The Lakewood Police Department made 18 DUI arrests and the Jefferson County Sheriff’s Office made 13 DUI arrests. The Mountain View, Golden and Edgewater Police Departments each made two DUI arrests. In Boulder County, four agencies made 23 DUI arrests. The Longmont Police Department made nine DUI arrests. The Sheriff’s Office and the Boulder Police Department each made five DUI arrests. The Lafayette Police Department made four DUI arrests. In Arapahoe County four agencies made 21 DUI arrests. The Aurora Police Department made 10 DUI arrests and the Sheriff’s Office made six DUI arrests. The Littleton and Greenwood Village Police Departments made three and two DUI arrests, respectively. In Larimer County, the Sheriff’s Office made 11 DUI arrests and the Loveland Police Department made three DUI arrests. In Mesa County, the Grand Junction Police Department reported six DUI Arrests. In La Plata County, the Durango Police Department made four DUI arrests. For a complete list of DUI arrests by enforcement agencies statewide, visit www.dot.state.co.us/trafficsafety/ and click on DUI Enforcement. Choose New Year’s Eve 2005 for the Enforcement Period and click on View Report. The Heat Is On campaign made 348 DUI arrests during the 2004 New Year’s Eve enforcement period which included four nights. The 2005 New Year’s Eve enforcement period included five nights and an additional nine enforcement agencies. The next Heat Is On enforcement period will be for St. Patrick’s Day weekend. Download File

DUI Defense

New Jersey Drunk Driving Defense Center - NJ DWI Lawyers, Attorneys Searching for New Jersey DWI Information,Lawyers, Attorneys, Links, Laws, etc.? New Jersey Drunk Driving Defense Center - Home - NJ DWI News - NJ DWI FAQ - NJ DWI Lawyer, Attorney Peter Lederman - Contact Us! New Jersey DWI Reform - Proposed Legislation - NJ State Bar Assoc. Proposals - Recent DWI Decisions - DWI Seminars - Conferences - Organizations DWI In General - DWI Links - Dealing with DWI - Do you have a problem? - Getting help Driving While Intoxicated ( DWI ) ...is a serious offense in the State of New Jersey. Besides mandatory fines, surcharges and possible jail, the NJ Court must impose mandatory drivers license suspensions, with no exceptions, even for people who must drive to work. The purpose of this site is to provide access to legal representation if you have been charged with DWI in New Jersey. While other attorneys claim they "specialize" in defending NJ drivers charged with Driving While Intoxicated, my practice is limited to DWI defense and defense of related motor vehicle violations. After twenty nine years of defending New Jersey drivers charged with DWI, it is clear that you can not win a DWI case, unless you make every effort to do so. We require that the State of New Jersey prove guilt beyond a reasonable doubt, prove that the breath test was administered properly, that the breath test machine was properly operating, that , that the police had articulable suspicion to stop the vehicle in the first place and probable cause to make the arrest after the stop. We will try all DWI complaints to a verdict unless it appears that a guilty plea is in the best interests of the client . Over the years I have been fortunate to serve as Chairman of the New Jersey State Bar Association Municipal Court Committee, testify in the New Jersey State Legislature to reform DWI laws, serve as a Municipal Prosecutor, have articles on Standardized Field Sobriety Tests published in the New Jersey Lawyer and train other lawyers how to defend DWI cases in various seminars, most recently in three seminars presented by the New Jersey Institute for Continuing Legal Education. I represent clients across the State of New Jersey, trying cases literally from one end of the State to the other. If you believe that your driver's license is worth fighting for, contact us immediately. Remember to give careful attention to the selection of an attorney, as proper representation can make a substantial difference in the outcome of your case. I hope we have the opportunity to speak soon. Peter H. Lederman, Esq. Lomurro, Davison, Eastman, and Muoz, P.A. Attorneys at Law Monmouth Executive Center 100 Willowbrook Road, Building #1 Freehold, New Jersey 07728 (732)-462-7170 (732)-462-8955 / Fax New Jersey DWI Defense Center Home - NJ DWI FAQ - Contact Us! All contents Lederman Law, Lomurro, Davison, Eastman & Munoz, and Dark Horse Design Promoted by Submit Away Website Promotion

aggressive DUI and criminal

DWI home page David Seth Michaels Attorney at Law Route 203 at Beale Road Spencertown, New York 12165 Telephone (518) 392-9150 Facsimile (518) 392-9130 Email: davidseth@davidseth.com Home Real Estate Traffic Cases CRIMINAL & DWI General Litigation Appellate Litigation Family Law & Divorce About Me Driving While Intoxicated (DWI) If you've just been charged with a first offense DWI in Columbia, Rensselaer, Greene, Ulster, or Dutchess Counties in New York State, you will want to read this page. There is some very important, specific information you need to know about the early stages of your DWI case: Suspension Pending Prosecution . If you took a breathalyzer or other chemical test and the result was .10 or greater, New York law allows the Court to suspend your driver's license pending prosecution. This means that when you make your first appearance in Court on arraignment, the DA may ask the Court to suspend your driver's license. The DA can do this even though you intend to plead not guilty. When the DA does this, it will put a tremendous amount of pressure on you to plead guilty because you don't want to be unable to drive for months while the case goes on and on. Strangely, if you plead guilty to DWAI or DWI, you will be able to drive immediately on a "conditional license." The only solution to a suspension pending prosecution is to have the Court issue a "hardship license," which will allow you to drive to work while the case proceeds. This means that you need to be able to present to the Court at arraignment information about your work, your medical needs, your families' living situation and the like so that your lawyer will be able to convince the judge to give you a "hardship license." The "hardship license" takes the sting out of suspension pending prosecution. Refusal of a Chemical Test . If you refused to take a breathalyzer or other chemical test, New York law says that your license will be suspended because of the refusal. However, that doesn't necessarily mean that you're not driving until the case is finally over. It means that you are entitled to a DMV "Refusal Hearing" at which an administrative law judge will decide if the suspension of your license for refusal of a chemical test was proper. You and your lawyer MUST attend this refusal hearing for two reasons. First, if it turns out that the officer did not legally stop your car, or did not have probable cause to arrest you, or did not properly warn you of the consequences of the refusal to take a chemical test, or that you didn't really refuse the test, the DMV judge should lift the suspension of your driver's license. You will then be able to drive while the case goes on. Second, and just as important, the hearing will be a preview of all of the evidence that the officer(s) will give at your trial. It's an excellent chance to hear what the case against you will be. This means that you have to hire a lawyer immediately after your arrest so your lawyer can attend the refusal hearing with you. Plea Bargaining . The way DWI cases are handled varies enormously from county to county. Columbia County, for example, has a reputation in the region for refusing to plea bargain and for refusing to reduce a first offence, no accident, misdemeanor DWI charge to DWAI, even when the blood alcohol content (BAC) is fairly low. Other counties nearby are just not that tough on first offences. It is therefore critically important to you that the lawyer you hire knows the local practice and the prosecutors, and that the local prosecutors know and respect the lawyer. This mutual knowledge should prevent you from a disastrous mistake, holding out for a plea offer that will never be forthcoming. And this mutual knowledge may assure you that the best possible plea bargain offer is going to be conveyed to you. You also want to be sure that the lawyer you hire has tried DWI cases successfully to verdict, and that you personally trust this lawyer's advise about whether the plea agreement should or should not be accepted, and about whether the case should or should not be tried. If you're going to consider entering a guilty plea, you want to make sure that you got the best possible plea bargain offer. Plain Talk About Trials . The overwhelming majority of DWI cases ends up being resolved with a guilty plea and not a trial. This may be the result of many things, but I suspect that many cases that could be tried to a successful verdict end up being plead out anyway. Some of these guilty pleas might be the result of economic pressure: it's expensive to try cases to a jury verdict. And some may be the result of initially hiring lawyers who aren't going to try the case no matter what its potential. I'm sure you realize that if you've been charged with DWI, and you're willing to plead guilty to DWI and pay a fine, you probably don't need to hire a lawyer who can try the case. It's unlikely that you'll be put in jail or that you'll be placed on probation if you plead guilty on a first offence. If you can accept a DWI conviction and a fine as an outcome, almost any lawyer will do, the cheaper the better. You'll end up with a criminal record, and you'll pay a fine and surcharge of at least $625.00, you'll attend the Drinking Driving Program and you'll get a Conditional License. If your BAC is very low, you might even be offered a reduction to DWAI. In that case you'll avoid the criminal record, pay a smaller fine, attend the Drinking Driving Program and get a Conditional License. There is usually little or no lawyering required to obtain these results. The need for trials and lawyering arises only when the DWI charge is important to you and you want to try to obtain absolutely the best possible result. That's when you should call me about your case. Serious Cases: Felonies, Second Offences . Second DWI charges usually end up being charged as felonies in Columbia and the surrounding counties. If you've been charged with felony DWI or with a second DWAI, you're potentially facing jail or prison time. You need to retain a lawyer immediately in these serious cases. Please contact me for help: David Seth Michaels Attorney at Law Route 203 at Beale Road Spencertown, New York 12165 Telephone (518) 392-9150 Facsimile (518) 392-9130 Email: davidseth@davidseth.com See also Criminal Law Arizona DUI Defense : Law Office of David Alan Darby providing quality and aggressive DUI and criminal defense in all courts anywhere in the State of Arizona. Link to other DUI/DWI attorneys . | Top of Page | Home |

Drunk Driving Laws

dui laws, DUI LAWS, D.U.I. Laws dui laws, DUI LAWS, D.U.I. Laws: driving under the influence laws The words dui laws, DUI law, D.U.I, and "driving under the influence", are usedby DUI lawyers and DUI attorneys in United States DUI Law . The expression "DUI laws" is not found in the CriminalCode of Canada. Canadians use terminology other than DUI laws or "driving underthe influence laws". We use the words "impaired driving laws" or"impaired operation laws", or "impaired care or control laws" but not "driving under the influencelaws"or "driving under impairment laws". In Canadian laws it is any impairment byalcohol or a drug of one's ability to operate a motor vehicle combined withoperation that is forbidden, not "driving under impairment" or"driving under the influence" (DUI). It is also a "DUI laws"criminal offence in Canada to drive having more than 80 milligrams of alcoholper 100 mls of blood whether one's ability to drive is"influenced" (DUI) or not . Canada has two main substantive DUI law criminal offences: impaired operation or careor control , over 80 operation or careor control Section 253. Every one commits an offence who operates a motorvehicle or vessel or operates or assists in the operation of an aircraft orof railway equipment or has the careor control of a motor vehicle, vessel, aircraft or railway equipment,whether it is in motion or not, (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in theperson's blood exceeds eighty milligrams of alcohol in one hundred millilitresof blood. Impaired operation or care or control in Canada includes operation or care orcontrol of a motor vehicle, vessel, or aircraft while one's ability to operateis impaired by alcohol or a drug to any degree of impairment. This DUI offence isproven by evidence of bad driving and various indicia of impairment observedsuch as slurred speech, difficulty with standing walking turning, red glassyglossy bloodshot eyes, dilated pupils, odor odour of an alcoholic beverage,complexion flushed face, and performance on physical tests. The DUI offence of excess blood alcohol or over 80 is usually proven by breathtests that determine blood alcohol concentration using and approved instrumentsuch as a Breathalyzer 900 900A or Intoxilyzer 5000C. Blood tests are used inDUI cases where breath testsare not practical to provide evidence of blood alcohol concentration. Both Canadian DUI laws are federal criminal law offences. The Crown inCanada can prosecute a DUI in either of two ways. DUI offences are hybridoffences in Canada. The Crown may prosecute a DUI offence by indictment (roughlysimilar to a US felony DUI) or they may prosecute a DUI offence by summaryconviction (roughly similar to a US misdemeanor). The local Crown Attorney mustelect whether to proceed with the D.U.I. by indictment or by summary conviction.Until he or she elects, the DUI offence is deemed to be prosecuted byindictment. Most Canadian DUI offences are prosecuted by summary conviction. The usual penalty for a first DUI offence in Canada is a fine. The minimumsecond DUI offence penalty is 14 days in jail. The minimum penalty for a thirdDUI is 90 days in jail. There is always a DUI driving prohibition and the local province will suspend a DUI offender's driver's licence . If a US citizen or other non-Canadian citizen is convicted of a DUI offencein the USA or a dui offence in any country other than Canada, the DUI offenderwill be inadmissibleto Canada on grounds of criminality, unless rehabilitated , because the DUIoffence is deemed to be a Canadian DUI offence and all Canadian DUI offences aredeemed indictable (similar to a US felony - see above) unless the Crown haselected to proceed with the DUI offence by summary conviction (which will neverhave happened because the DUI offense occurred outside Canada. The situationwill be different if the DUI offence occurs in Canada and the Crown elects toproceed by summary conviction which they normally do. Click the banner for more Canadian DUI laws information. DUI LAWS, D.U.I. Laws, or driving under the influencelaws is, however,an important concept used in the United States. For more detailed DUI legalinformation click on one of the links below: Alabama DUI LAWS D.U.I. Laws in Alabama d.u.i. law in Alabama Alabama dui laws D.U.I. Laws in AL AL dui laws Alaska DUI LAWS D.U.I. Laws in Alaska d.u.i. law in Alaska Alaska dui laws D.U.I. Laws in AK AK dui laws Alberta DUI LAWS D.U.I. Laws in Alberta d.u.i. law in Alberta Alberta dui laws D.U.I. Laws in AB AB dui laws Arizona DUI LAWS D.U.I. Laws in Arizona d.u.i. law in Arizona Arizona dui laws D.U.I. Laws in AZ AZ dui laws Arkansas DUI LAWS D.U.I. Laws in Arkansas d.u.i. law in Arkansas Arkansas dui laws D.U.I. Laws in AR AR dui laws British Columbia DUI LAWS D.U.I. Laws in British Columbia d.u.i. law in British Columbia British Columbia dui laws D.U.I. Laws in BC BC dui laws California DUI LAWS D.U.I. Laws in California d.u.i. law in California California dui laws D.U.I. Laws in CA CA dui laws Colorado DUI LAWS D.U.I. Laws in Colorado d.u.i. law in Colorado Colorado dui laws D.U.I. Laws in CO CO dui laws Connecticut DUI LAWS D.U.I. 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