DUI Lawyers Blog Watch

1. Why It Might be a Good Idea to Request a California Bail Hearing

   First time “typical” misdemeanor California DUIs generally don’t trigger bail. If you are arrested for this type of DUI, you will most likely be released from jail on citation or on your own recognizance as soon as you sober up enough to drive.

   However, if the case is aggravated…if, for example, you are involved in an accident…you will generally be required to post bail in order to be released from jail. The amount of bail is predetermined by a local bail schedule, each county having its own.

   But let’s say that you weren’t responsible for the accident. Why then should you be penalized for something that wasn’t your fault? You shouldn’t. In cases like this…or for that matter, in most cases…you might want to request a California bail hearing.

   A California bail hearing gives you the opportunity to ask the judge to lower your bail or to release you on your own recognizance (which means based simply on your promise to return). Most California bail hearings take place at the arraignment and are informal in nature…you or your attorney simply tells the court why you should benefit from a reduced bail (or from having no bail).

2. Alabama Court process on DUI charge.

   With some exceptions (number of prior DUIs, serious physical injury, or death), a DUI is a misdemeanor in Alabama. The misdemeanor case is handled in Municipal or District Court. At that level, the trial is conducted by a Judge. District Court judges are elected and Municipal Judges are appointed by the local city council. If a [...]

3. Massachusetts State Police Sobriety Checkpoint Scheduled for Friday, July 30, 2010

   The Massachusetts State Police have planned a sobriety checkpoint for Friday, July 30, 2010, which will continue into Saturday, July 31, 2010. This roadblock will take place during varied hours on a secondary state highway in Middlesex County. Middlesex County is the largest county in Massachusetts, and includes Burlington, Cambridge, Concord, Framingham, Natick, Newton, Somerville, Lowell, Wakefield, and Waltham. [...]

4. Accused by His Ex- of Domestic Violence and Child Endangerment, Mel Gibson Claims He is the Victim of Extortion

   It wasn't too long ago that movie star and director Mel Gibson was a box office king who was well-respected for his directing and beloved by fans. Now, however, his reputation has taken another beating following the release of several audio recordings of a man that sounds like Gibson allegedly yelling out expletives and abusive statements, making unreasonable demands, and threatening to harm his now ex-girlfriend Oksana Grigorieva, who is the mother of his youngest child. RadarOnline.com has made the audio recordings available to the public.

   Los Angeles authorities are investigating allegations made by Grigorieva, who is accusing the actor of having struck her on the face on more than one occasion. She claims that the alleged assaults caused her to break a tooth, lose a veneer, and suffer a concussion. If charged and convicted for domestic violence-related assault, Gibson is facing time behind bars.

   Already, there has been fallout from the recordings for the celebrity. His agent, William Morris-Endeavor, has dropped him, which may not bode well for his film career, and his reputation, which already took a pretty hard beating when he was arrested for DUI and made sexist and anti-Semitic remarks in 2006, has been significantly damaged.

   Gibson has not publicly commented on the audio recordings. The media, however, is reporting that is is accusing Grigorieva of threatening to leak the recordings to the media unless he gave her money. He has met with the authorities about his claims. Grigorieva denies there is any extortion plot.

   Boston Domestic Violence
   Custody, divorce, and legal separations can be acrimonious, and sometime, the allegations between both parties can escalate. If you are under investigation for domestic violence, child endangerment, extortion, or any other Boston criminal charges related to the dissolution of your relationship, it is important that you are represented not only by a family law attorney but also by a Boston domestic violence law firm that knows how to protect your legal rights and defend you against the charges.

   Investigators interview Mel Gibson to discuss extortion allegations against ex Oksana Grigorieva, New York Daily News, July 27, 2010

   William Morris Endeavor dumps Mel Gibson, Los Angeles Times, July 9, 2010

   Gibson charged with drunken driving, CNN, August 3, 2006

   
   Related Web Resources:
   Mel Gibson News, The New York Times

   Massachusetts Law About Domestic Violence

5. Boating Under the Influence

   
   With the blistering summer heat in full swing, Tennesseans flock to the state’s lakes and rivers in search of fun and relaxation and cooling down by any means possible. For many of us, a great day on the water involves skiing, tubing, or other activities that involve the use of a boat. While boating can facilitate many enjoyable activities, it can also become extremely dangerous if the boat is used for the purposes of illegal activities such as speeding or boating under the influence.
   
   Many Tennesseans have no idea that the offense of boating under the influence even exists in the Tennessee Code. Like the DUI statutes, the BUI statutes are classified under a different heading than most criminal offenses, being filed under Title 69 which governs waters, waterways, drains, and levees. In fact, this is not the only similarity the DUI and BUI statutes share. For example, the statutes criminalize the same type of conduct, with the primary difference between the two being where the offense takes place. The BUI statute also contains the same list of prohibited substances: “[…] any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system.” Further, the BUI statutory framework also encompasses the concept of implied consent just like the DUI statute. This simply means that by operating a boat on the public waters of the State of Tennessee, a person consents to one or more tests to determine the alcoholic or drug content of the person’s blood. Finally, the BUI statute also includes the caveat contained in the DUI statute that it is no defense that a person is a lawful user of the substance under the influence of which he or she operates a boat.
   
   There are many similarities between the BUI and DUI statutes, but there are also many differences. One difference is the penalties imposed for BUI offenses, which will be discussed in our next blog on this site. Persons who find themselves charged with a BUI offense should contact an experienced criminal defense attorney for advice and assistance in handling the case.