DUI Convictions and the Suspended Drivers License

Of all the consequences that come with a DUI conviction, the harshest consequence of all is the drivers license suspension.  If you are convicted of a DUI, your driving privilege will be suspended for at least one year.  This suspension can impact your entire life, and may dramatically change your ability to go to work and go to school.  There are no exceptions.If you live and work in a place with public transportation, or your work and/or school is close to where you live, this...

Reputation Management Using Social Media Accounts

addthis.layers({ 'theme' : 'transparent', 'share' : { 'position' : 'left', 'numPreferredServices' : 5 } }); Not too long ago, I started doing reputation management for a company that offers a beauty product. The product has been on the market a long time but recently updated to improve its efficacy and value.  Unfortunately the original business owners had never focused on reputation management for their company or this specific product, and the new owners inherited a reputation mess.After a complete review of the website, page one and two search results, we put together a plan to leverage existing...

How Will a DUI Conviction Effect My Record?

  Many of my clients are anxious to know how a DUI will effect them, and for how long. The concern is that a DUI conviction: limits your ability to drive, impact your employment opportunities, effects insurance rates, carries with it a social stigma, gives you a criminal record, and acts as a prior for future DUI's . In Utah, a DUI conviction will stay on your record for 10 years. A second DUI within that 10 years period dramatically increases the penalties you face if convicted again, and a third DUI within the 10 year period is a felony, punishable by up to 5 years in the State Prison.Once ten years have passed, you will be eligible...

California DUI Laws

No area of the law has undergone such a significant change over the last 20 years than that of California DUI Law. Indeed, the legislature has tinkered and toyed with various aspects of the criminal drunk driving laws such as sentencing, enhancing sentences through new statutes that impose more severe jail requirements under certain factual circumstances such as speeding, having children in the car and having elevated blood alcohol levels. The state has shortened the time period that a DUI prior...

The Intoxilyzer

In the past, someone arrested for driving under the influence of alcohol (DUI) used to be given a choice of three tests to verify the amount of alcohol in their system: a blood, breath, or urine test.  Since then, urine tests have been found to be unreliable for concentration amounts.  Blood tests are invasive and involve a needle.  Because of this, a breath test has been the preferred choice by law enforcement and the accused.To take a breath test, a person blows into a machine, called an intoxilyzer, and the machine figures out how much alcohol is in their blood.  If the result is a .08% blood alcohol content (BAC) or higher,...

Successful Affiliate Marketers' Best Tips And Tricks

Has someone ever told you to go into a place of business and tell them that they sent you? Well, if you have, you are already familiar with affiliate marketing. Though word of mouth is important, there are other web marketing campaigns that you can use to help your business and this article provides you with the tips you need to make it happen.If your program is proving to be profitable, you should not hesitate to inquire about making more money for the work that you do. If you have made yourself valuable to the program through the amount of sales you are generating, they will want to do anything in their power to keep you.An efficient blog...

Public Defender vs. Private Attorney

Should I hire a private lawyer or just go with a public defender?  What's the difference between the two?  What advantage would a private attorney give me over a public defender?   These are important questions to ask yourself when charged with a crime.  Naturally you would want the best representation possible.  But is it worth paying thousands of dollars to a private attorney when a public defender is free?To begin with, let's define the two.  In Utah, counties and cities open a bidding process to fill the position of Public Defender.  Bids come in from various attorneys with different levels...

California Appeals Courts Start To Decide Cases on Illegal DUI Blood Draws

Earlier this year the US Supreme Court ruled that a DUI blood draw against a person's consent violates the Constitution. Recently, in seven separate cases, each defendant was charged with misdemeanor driving under the influence (Veh. Code, § 23152, subds. (a), (b)) and filed a motion to suppress evidence pursuant to section 1538.5, contending that the blood drawn from his person subsequent to arrest and pursuant to the implied consent law should be suppressed under Schmerber v. California...

The Right To Rehabilitation for a DUI in California

In California, as is the case in many other states, the court must inform the defendant, either orally or in writing, of his or her right to apply for relief from all penalties and disabilities resulting from a misdemeanor DUI conviction after the passage of one year from the date of pronouncement of judgment, or longer if the defendant enters into a plea bargain with the prosecution.  This right is sometimes referred to as an expungement.  According to one Tehachapi DUI Attorney, this...

The New Law About DUI Ignition Interlock Requirement

Last year the California Legislature came up with a bright idea to force first time DUI offenders with no other record to install a device in every car they own that would block any attempt to start the vehicle without a blow from a human that has no alcohol in their breath. The pilot programs in Los Angeles, Tulare and Kings County would be part of DUI probation and would remain on the car for a minimum of three months. According to one Burbank DUI Lawyer , the new law is a complete waste of...

First Steps to Successful Internet Marketing

addthis.layers({ 'theme' : 'light', 'share' : { 'position' : 'left', 'numPreferredServices' : 5 }, 'follow' : { 'services' : [ {'service': 'twitter', 'id': 'fleischnerm'}, {'service': 'linkedin', 'id': 'fleischner‎'}, {'service': 'google_follow', 'id': '+MichaelFleischner'} ] } }); Internet marketing is crucial to developing a modern, effective business that makes the most of this excellent way to reach new and existing customers. Internet marketing has become a major industry, and it’s possible to spend hundreds of thousands of dollars on professional web design...

The Types of Probation in California DUI Cases

In California, the Court may impose two different types of probation in DUI cases, either formal or informal:(1) Formal probation. Formal probation is the suspension of the imposition or execution of sentence and the order of conditional and revocable release into the community under the supervision of a probation officer. (2) Informal Probation. A conditional sentence, also referred to as court or summary probation, is the suspension of the imposition or execu-tion of sentence and the order of...

When Can a Police Officer Pull You Over?

A police officer cannot pull over anyone without a reason.  There has to be what is called "probable cause" that a crime is occurring to justify a stop and contact.  Officers can also make contact with a citizen to perform a welfare check, if they are concerned that a person is in danger.Typical reasons why a vehicle is stopped include traffic violations like speeding, failure to signal for two seconds before turning or changing lanes, reckless driving, running a red light, failure to wear a seat belt, crossing the fog line, and driving with a cracked windshield.  Officers also will stop a car if a license check reveals that the...

Utah DUI:Driving Under the Influence . . . Without Driving?

I used to practice criminal defense law in California.  In California, in order to be guilty of the crime "Driving Under the Influence" the accused had to actually drive, the vehicle had to move, if only an inch, while the driver sat in in the driver's seat. In Utah, a DUI is actually a DSUI "Drivers Seat Under the Influence."  Utah Code section 41-6a-501 outlines how a DUI is committed.  In that section it reads:  "A person may not operate or be in actual physical control of a vehicle in this state if the person . . . has a blood or breath concentration of .08 grams or greater . . . [or] is under the influence of alcohol,...