Lane could be facing felony drunk driving charges if prosecutors can prove that he is the same man convicted of two DUI’s in Idaho.  Prosecutors upgraded the DUI charge to a felony after finding records of three other DUI convictions since 2003.  Wyoming law states that a DUI can be charged as a felony if it is a defendant’s fourth charge in ten years.

James Radda, Ninth District Circuit Court Judge, ruled there is enough evidence to send Lane’s case to district court.  However, all those present agreed a trial would have to answer several questions.

The most important question is whether prosecutor Clark Allen can prove that the man convicted of two Idaho DUI’s was in fact Bryan Lane.  The Idaho convictions are under a different name, but court documents show that the man also went by the name of Bryan Dennis Lane.  The man has the same birth date, but a different Social Security number.

The Idaho convictions are also listed in a 2009 pre-sentence investigation for Lane’s third DUI in Teton County.

According to public defender Elisabeth Trefonas who is representing Lane, the record of convictions is totally inaccurate and she disputed the Idaho convictions were earned by her client.  Trefonas also objected to the results of Lane’s breath test at the Teton County jail, which were taken almost three hours after his arrest.  She stated that Lane had something in his mouth just before the test.

Deputy Latimer Gyetvai, who arrested Lane, stated that the jail staff observes DUI suspects for 15 minutes before the test to make sure that they do not have anything in their mouths that could compromise the test.

If, by chance, the Idaho driver does turn out to be a different man, then Lane could not be charged with a felony DUI charge.

DUI is a serious charge.  Lane’s situation is different than most, but in all DUI cases, with so much at stake, experienced legal counsel is essential.

Read original article here.

Fram was denied bail on Thursday.

The murder charge stems apparently from the fact that Fram was already on probation for a prior DUI conviction. According to the report from the Press-Register, murder, in this instance, refers to an “extreme indifference to the value of human life.”

Fram’s friends and relatives were stunned by the decision. Allison Ball, Fram’s childhood friend, told the Press-Register that “I think she’s in complete shock. … She will learn her lesson. I don’t think she should go to jail for murder.”

Assistant District Attorney Jo Beth Murphree asserted on the contrary that Fram’s actions were “not a mistake,” contending that Fram was “well aware of what the consequences could be.” In addition, Murphree noted that Fram admitted to having consumed alcohol that evening.

However, importantly, the results of a blood test had not yet been received.

Authorities say that Fram’s vehicle left the road, hit a traffic sign, and collided with a pole. Neither Fram nor Markow were wearing seatbelts; Markow was ejected from the vehicle. Fram wore a neck brace at the bail hearing on Thursday.

It is crucial to note that the results of Fram’s blood test are still pending. Also, Fram has not yet hired a lawyer; another hearing was scheduled for Monday to enable her to find representation. It is not clear therefore whether Fram will seek a plea agreement or a trial. However, while Markow’s death was unquestionably a horrible tragedy, and while Fram apparently admitted that she had been drinking on the night of the accident, a murder charge—regardless of how one defines the term—seems excessive.

“The prosecutor sees this as a boating-under-the-influence case and I see it as a case of failing to have navigation lights on,” Robinson told the Winnipeg Free Press.

When Byfuglien’s boat was stopped by police, he refused blood-alcohol tests. Police also charged him for failing to carry enough floatation devices for his passengers, and for failing to use navigation lights. Police allege that Byfuglien was visibly intoxicated, exhibiting slurred speech and poor coordination, and smelling of alcohol.

Robinson had sought to have the boating while intoxicated and test refusal charges dropped. Though prosecutors would not agree to drop the charges, Robinson remains optimistic as the case heads to trial.

Byfuglien played in 66 NHL games this year for the Winnipeg Jets. He was part of the Chicago Blackhawks’ Stanley Cup-winning team in 2010.

The full report from Ed Tait of the Winnipeg Free Press can be found here.

According to police, Fakih was speeding and driving erratically in traffic. Police also found an open container in her vehicle, a half-empty bottle of champagne.

Fakih believes that authorities have been unusually severe in dealing with her case owing to her status as a celebrity, telling RumorFix that a prison term would be unfair. Fakih may be sentenced to up to 93 days behind bars. Prior to the trial, Fakih expressed her hope that the judge would not “make an example” of her case.

It is important to note that Fakih has already suffered financial losses as a result of her arrest. The E! cable channel has terminated a deal to produce a reality television show featuring Fakih, who won the Miss USA pageant in 2010. Fakih also said that Nike has withdrawn an offer to produce a commercial.

The full report from RumorFix can be found here and here.

The case highlights some of the additional consequences of a DUI arrest, to wit, loss of reputation, as well as business opportunities. A DUI conviction can only exacerbate these problems. No matter how difficult your case may appear, one of our dedicated, experienced DUI attorneys can help you protect your interests.

Timothy Alan Treece, 49, had crashed his SUV near his Conecuh County home on February 22. After his vehicle overturned on the highway, he flagged down a passing motorist to assist him in rolling it back onto its tires. He proceeded to drive to his home, where the SUV caught fire as a result of damage sustained in the crash. Treece called 911.

Witnesses state that police had arrested Treece at the scene. But as Treece waited in a patrol car, his father-in-law arrived and phoned Conecuh-County Sherriff Edwin Booker. Treece was subsequently allowed to go free.

Typically, those suspected of DUI are taken to the county jail to be processed into the system and to await bail.

The Press-Register report can be found here.

Such irregularities may damage the state’s case against Treece, should he be formally charged with DUI. While this may not represent a typical DUI case, it does highlight the ways in which procedural anomalies can, and do, occur. If you’ve been charged with DUI, you need an attorney who can protect your rights by exploring every aspect of your situation—including whether or not the state mishandled your case.

Tracy Michael Decker’s prison sentence will not be his first. Decker served a four-year prison term after being arrested for DUI in 2006. Police determined that his blood-alcohol level had reached .28. Additionally, police found an open container inside his vehicle, along with passengers: two four-year-old children. They were not riding in car seats.

Following Decker’s prison term, he was arrested repeatedly for DUI in Alabama—four times in eight months.

After Decker’s release following this latest sentence, he will be barred from driving for 20 years.

DUI is a serious charge. The severity of the penalties increases sharply with repeat offenses. Decker’s situation may be somewhat unusual—25 DUI arrests is quite a high number—but jail time and loss of license do become mandatory after two or three convictions. With so much at stake, qualified legal counsel is essential.

The penalties increase with repeat DUI offenders. With a second conviction, the fines increase to a maximum of $5,100, loss of license for one year, and mandatory jail time or community service.

After a third conviction within five years, no less than 60 days’ jail time becomes mandatory, fines can reach $10,000, and the license revocation period extends to 3 years.

A fourth DUI conviction in a 5-year period is a Class C felony. The penalties include up to 10 years in prison, a $10,000 fine, and a 5-year revocation of your driver’s license.

You should never drive drunk. In today’s economy, even a $2,500 fine for a first DUI offense can be crippling. But if you are convicted of DUI, the need to avoid further DUI arrests is that much greater.

Along with common-sense measures like using a designated driver, a personal breathalyzer may be of help. A number of breathalyzers are available on the market for civilian use, sold at a variety of price points and boasting a variety of features. However, there are a few features your breathalyzer must have:

1. FDA certification. The Food and Drug Administration is the federal agency responsible for regulating medical devices, and breathalyzers technically fall into that category. FDA certification means that your breathalyzer is “safe and effective” in operation. Avoid breathalyzers that don’t have it.

2. Extra mouthpieces. A good breathalyzer will have a mouthpiece that can be removed and washed, and extra mouthpieces will be included. Avoid breathalyzers with a fold-out mouthpiece, and breathalyzers that you simply blow on; these tend not to be as accurate. Always use a clean mouthpiece.

3. Clear instructions. Breathalyzers can’t produce accurate results if they are not used properly. Instructions should be simple and easy to understand.

4. Accuracy. Inaccurate breathalyzers can mislead users into believing their blood alcohol level is higher or lower than it really is. Try to find a breathalyzer with an accuracy range of +/- .02. More accurate models exist—the best seems to be +/- .005—but such a high degree of accuracy comes with a higher price tag, and may be more than you need.

For more information, read the drinkinganddriving.org report here.

With each DUI conviction, avoiding another becomes increasingly crucial. Speak with your DUI attorney for more information.

Logan’s defense attorneys will appeal Logan’s DUI conviction.

Logan was arrested on December 5, 2009, after he struck his mailbox and police cruiser with his personal vehicle outside his Florence home. He was suspended from his position as police chief until March 2010.

Earlier in Logan’s trial, his defense team argued that he had been treated unfairly by prosecutors due to his career in law enforcement. However, the judge made it clear that Logan’s would be the same sentence he often gives for first-time DUI offenders.

While the case is pending appeal, Logan will be able to keep his driver’s license, and the fine and supervision will be postponed until the conclusion of the appeals process.

Prosecutors expressed satisfaction with the sentence. Brandon Hughes, who serves as traffic enforcement prosecutor in the Alabama Office of Prosecution Services, agreed that Logan should not be subjected to unusually harsh penalties because of his job.

Several witnesses noticed McCarty driving erratically in his pickup truck. McCarty’s truck swerved into the oncoming lane and hit the front corner of the school bus.

McCarty was taken immediately into custody. Police revealed that he had been charged with DUI later that day.

The accident occurred at approximately 8 a. m. The bus was on its way to Simmons Middle School. The bus driver and one student were taken to UAB Hospital and Children’s Hospital, but it seems that neither sustained serious injuries.

Depending on the nature of the injuries sustained by the bus driver and student, and the extent of the damage to the bus itself, McCarty could face additional penalties beyond a basic DUI charge, including higher fines and more jail time. In such cases, the services of an aggressive attorney are urgently needed to protect the legal rights of the accused.

I thought it would be a good idea to talk about some of the new DUI penalties drivers face.  The new DUI law takes the penalties under the old law and doubles them for individuals who have a blood alcohol concentration (BAC) over .15.  This means higher fines and possibly longer incarceration if the court finds that to be a necessary penalty.

DUI fines

For a person who is convicted of their first DUI, their minimum fine would be $600.00 Under the new law, the minimum fine would be $1,200.00 for a person with a BAC .15 or over.  For a person convicted of a second DUI within five years, they would normally face a $1,100.00 minimum fine.  If that same person were to have a BAC over .15, their minimum fine would be $2,200.00.  For a third conviction within five years, the minimum fine would normally be $2,100.00.  For a BAC over .15, the minimum fine would be $4,200.00.  For a fourth conviction within five years, a person is going to be forced to pay a minimum fine of $4,100.00.  For a BAC over .15, the minimum fine would be $8,200.00.  The fourth conviction will also result in a conviction of a class C felony.  The doubled penalties also apply to anyone convicted of DUI with a child under the age of 14 in the vehicle.

Other DUI penalties

Other than fines, a person convicted of DUI will also be subject too incarceration of not more than one year in jail.  The Department of Public Safety will suspend the license of a person convicted of DUI for 90 days for the first DUI conviction.  For a second DUI conviction, the Department of Public Safety will revoke their driver’s license for one year.  Upon a third conviction, the Department of Public Safety will revoke their driver’s license for three years.  For a fourth DUI conviction, the Department of Public Safety will revoke their driver’s license for five years.  On top of the above mentioned penalties, an individual convicted of DUI will also be required to attend some type of counseling mandated by the state of Alabama.

As you can see, the state has a myriad of penalties an individual convicted of DUI will be faced with.