Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here The Heroes Star Adrian Pasdar Arrested For DUI »
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- Though I never seen any episode of the TV serial Heroes but there are so many who have seen this TV serial. The Heroes actor Adrian Pasdar was arrested for DUI in California on the 405.
According to the police report he was pulled over just before 3:00 a.m. in Los Angeles when he was driving his Ford F – 150 at the speed of 94 mph and taking up two lanes of freeway. After taking his field sobriety test he was then arrested and was sent to jail.
That is not unusual that another celebrity gone behind the bars for DUI, while in fact there are thousands of Americans who do exactly same thing every night. So only celebrities can’t be blamed for that alone.
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$200K Bond For Man In DUI Crash That Killed Girlfriend »
On Saturday, a judge set the bond at $200,000 for an Orland Park man, Nicholas Sord, on charges of a fatal drunken driving crash that killed his girlfriend, Jessica Mejia, 20.
Sord, who is 22, had a blood-alcohol level almost four times the legal limit, when he was driving his Mercedes SUV west on 147th Street near Oak Park Ave, Thursday morning, when he lost control of the vehicle, struck a light pole, then careened into a ditch and partially rolled over. Apparantly, Sord and Jessica both were not wearing seat belts.
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NJ Drivers Face Stiff Penalties for DWI; Are Machines Telling The Truth? »
According to the New Jersey law, first-time DWI offenders can face up to seven month license suspension and a fine and fee of over $1,000. And in case it’s your second conviction, you will be deprived of your driving privileges for 2 years and owe thousands of dollars. Moreover, in case of a third offense, you could be imprisoned for six months and lose your license for 10 years.
Another penalty also awaits those who are convicted of driving under the influence in New Jersey for subsequent offenses, which is the ignition-interlocking device.
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DUI and the Disappearing Right to a Jury Trial »
Ok, so it has been said by the cop that I looked bad on the field sobriety tests, but I know myself that I’m not guilty: I only had two drinks and I have got the witnesses. It doesn’t matter what the arresting police officer is saying, I can tell my side of the story to my fellow citizens and then let them decide. Right?
Well that is not necessary. This right to jury trial, had been handed down centuries ago from England’s Magna Carta, it was considered so fundamental to the framers of our Constitution that it had been included by them in the Bill of Rights? This is what we call Sixth Amendment. So it makes no exceptions to this sacred right to trial by a jury of peers.
So why is this happening that some states today are denying jury trial to a person who is accused of drunk driving? Why is that, for instance, an American citizen who has been arrested in New Jersey is forced to accept the decision of a politically-appointed judge? After all, on that subject the Sixth Amendment is pretty clear:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”
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Due Process and Automatic DUI License Suspensions »
So last night you were stopped by the cops and then they arrested you for drunk driving. And just after the Breathalyzer showed that the reading of a blood-alcohol level was .12%, the officer take away your driver’s license and gave you a piece of paper on which it was mentioned that your license was immediately suspended.
Here several questions comes in your mind that you might be wanted to ask, you may ask that what happened?. Are they allowed to do that? I thought I was believed to be innocent, and it is necessary for the state to prove my guilt that should be beyond a reasonable doubt before that they can punish me. And I remember something about "due process": Are they able to suspend my license for DUI before giving me a chance to defend myself?
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FAQs about San Diego Drunk Driving »
When San Diego police arrested me for DUI, they took over my driving license. How can I have it back?
In normal cases, an expert San Diego DUI attorney can help you in showing to DMV Officials there was no solid ground for your license suspension or annulment, and it can be returned to you. If you don’t call for an “admin per se” hearing with the DMV within 10 days after your drunk driving arrest, the DMV will give back your driving license at the ending of the suspension term ( i.e. four months if this is your first case), provided you give a 125-USD which is a re-issuance fee and show insurance documents. The reissue fee is 100-USD if you were under 21 when you got arrested for DUI according too San Diego’s Zero Tolerance Law for driving under the influence.
What is the difference between the DMV driving license suspension or cancellation for DUI arrest and the driving license suspension or cancellation brought down by the judge of criminal court during hearing?
The DMV driving license suspension or cancellation received at a DUI arrest is an administrative and civil thing whereas the suspension or cancellation as a result of a conviction in criminal court becomes a criminal penalty.
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