What Is Kentucky’s DUI Law? What Does It Mean?

DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “Illegal Per Se” provision. “Illegal Per Se” (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky’s DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

‘Per Se’ BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.

How Can I Clear My DUI Record?

you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.

The Truth about Lawyers – Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?

Originally published here.

According to the U.S. Department of Transportation, accidents involving massive trucks claim at least 5,000 lives and injure 130,000 more. In the United States more than 500,000 truck accidents occur annually. As a matter of fact, one in every eight traffic deaths involves a trucking collision. This article discusses why the statistics on truck accidents is quite high in the United States and the common causes of these accidents.

Business enterprises, big organizations and agencies of government are very dependent on commercial trucks for cargo transportation. Such trucks can have at least seventy five length and may weigh up to 80,000 pounds. When a truck with this size and weight are involved in accidents, the results are generally devastating and catastrophic. In addition, truck carrying dangerous or volatile materials might magnify the accident.

What are the common causes of truck accidents?
• Driver Fatigue
• Driver without license
• Speed
• Disobeying Safety Procedure
• Failure to comply to motor vehicle inspection
• Repair & Maintenance Failure
• Vehicle Collisions
• Failure to Yield The Right of Way
• 18 Wheeler Crash
• Loads That Shift Weight
• DUI or Driving Under the Influence/ DWI or Driving While Intoxicated
• Truck Rollover
• Mechanical or Brake Failure
• Tires Impairment
• Transporting Equipment with Trailers
• Overloaded Trucks or Trailers
• Backing Up/Moving In Reverse

It has been observed that more than 75 percent of all truck accidents are mainly caused not by the truck drivers but by the negligence of drivers in smaller cars. In addition, negligence on the part of the truck driver is mainly caused due to stress and fatigue, the inability of the driver to maneuver and brake quickly and his limited vision on the road.

What I want to focus on is the issue of truck driver stress and fatigue as a common cause why trucks are involve in accidents. According to the data gathered by the Fatality Analysis Reporting System (FARS) and the General Estimates System (GES), 8.15 percent of all truck-related crashes where caused by driver fatigue.

Truck driver fatigue is defined as the exhausted, sleepy or tired feeling a driver feels while on the road driving. Truck drivers have a very long working hours, strict schedules and stringent unrealistic deadlines. Generally, we can put the blame on the policies of big companies why driver fatigue is a common cause of truck-related accidents. In an effort to meet the stringent deadline and tight schedules of these companies, truck drivers oftentimes curb a lot of road safety rules, such as exceeding the speed limit.

Truck accidents claim a lot of innocent lives in the US. While results might be devastating, one way to put an end to this vicious cycle is a stringent application of the trucking laws. If you are a victim or a family member of truck accident, you may recover for your injuries and property damage if you prove that the driver of the truck committed negligence while driving. Getting a good truck accident lawyer is a key to building a strong case against the driver, the company he is working for or the manufacturer of the truck.

Originally published here.

According to statistics, more or less 500,000 truck accidents occur in the U.S. every year. Out of this number, about 5,000 result in deaths, as one out of every eight traffic deaths involves a truck collision.

The majority of injuries and deaths that result from tractor trailer accidents occur to occupants of smaller motor vehicles, while the operators of these huge trucks often escape collisions involving trucks and vehicles with mild or no injury at all.

Because of the large size of these tractor trailers, accidents involving these massive trucks can substantially put the lives of other occupants of smaller vehicles in grave danger.

Common Causes of Tractor Trailer Accidents

Many different factors can cause tractor trailer accidents. Some of the most common causes include, but are not limited to, the following:

Disobedience to safety procedures
Unlicensed driver
Maintenance and repair failure
Motor vehicle inspection failure
Driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol
Unable to yield the right of way
Brake or mechanical failure
Moving in reverse or backing up
Transporting equipment with trailers
Tires blow up
Loads that shift weight
Overloaded trailers or trucks
Shifting and falling cargo
Truck driver fatigue (tiredness and fatigue are some of the major causes of tractor trailer jackknife. This might be from lack of sleep or illegal drugs).
Exceeding the set maximum speed for safe conditions
Lack of proper cameras and mirrors
Use of cell phone while driving
Jackknife
Successive work shifts
Following too closely
Insufficient safety inspections
Unmanageable delivery schedules
Aggressive truck drivers

Post-Accident Tips

If you have been involved in one of the many tractor trailer accidents that occur, here are some tips on what you should do following an accident:

Get medical attention right away. If your injuries need emergency care, you should call an ambulance for transportation to a hospital. If it is not that serious, you may visit a care center or make an arrangement to see your doctor as soon as you leave the scene of the accident. Certain injuries, usually severe ones, might not be evident at once, especially if your body has been shocked. For this reason, it is important to make sure that you are examined by a medical care provider immediately.
Call police officials and immediately file a tractor trailer accident report. By doing this, the facts of the incident will be documented which can aid in determining liability in the accident.
Collect as much information as you can at the scene of the accident. Under the law, any individual involved in an accident is required to exchange contact information and insurance details. If possible, you should take photographs of the damages and injuries and get the names and telephone numbers of witnesses, if any.

Getting Help

After being involved in such an accident, it is very important to get help from a competent lawyer who has more than enough skills and knowledge to successfully deal with cases of tractor trailer accidents.

Originally published here.

As recounted in the New York Situations, New York Submit, and Each day Information, this workplace will argue your circumstance at each flip.

“FEARLESS”- Chief Decide

“Prominent criminal defense attorney!” – NY Submit

“If I get in hassle, I am calling you” – Adversary

Howard Greenberg is dedicated to discovering every single hole in the situation and maximizing the probabilities of winning on the odds. Representation in any jurisdiction in the United States, in any court, from circumstance inception via trial. You can reach Howard Greenberg, in man or woman, 24 hours a day, 7 days a week, 365 days a yr.

About Us: Howard Greenberg BA, MA, JD is an honors graduate of John Jay University of Criminal Justice and Fordham College College of Law; Current instances involving litigation contain:

Men and women -v- Goldbourne (Full acquittal regardless of confession, Robbery)
Individuals -v- Mota (Complete acquittal: Narcotic sale and felonious assault on an officer)
People -v- Gilliam (House invasion case,dismissed with prejudice promptly soon after cross examination of victim)
Individuals -v- Campbell (Suppression motion-weapon,confession,granted)
Folks -v- Clarke “Congrats:On the extremely,really unusual 2nd Dept. win (reversal of tried murder conviction)!”.
People -v- Pacheco (Murder charges dismissed by Kings County grand jury).
Folks -v- Johnson (Suppression movement – medication, granted).
United States -v- Tyndall (Acquittal, conspiracy involving 42 kilos of cocaine).
Individuals -v- Rivera (Suppression movement – weapon, granted).
Individuals -v- Alicea (Not responsible of drug sale and possession with intent to promote).
Folks -v- Bayon (Not responsible of tried murder-gang situation).
Individuals -v- Walker (Acquittal, felony weapon costs/lying cops).
Individuals -v- Coleman (Suppression motion – weapon, granted).
Individuals -v- Springer (Not guilty of murder),
People today -v- Silvero (Suppression motion – medications, granted).
Individuals -v- Cruz (Conviction vacated, circumstance dismissed following trial),
United States -v- Taylor (Full acquittal regardless of confession, state case bumped up to federal situation following “Set off Lock” investigation),
and pro bono representation of the so-known as “Lolita Lawyer”, who is house these days regardless of the highest profile nature of the Manhattan D.A.’s case.

- Comments ABOUT HOWARD GREENBERG -

*” 9 out of ten transcripts utilized to train new assistant district attorneys in narcotics situations are from Greenberg’s trials”. Source: Deputy Supervisor, Significant Narcotics in a very well-recognized District Attorney’s workplace.

*” No 1 can win a federal trial involving narcotics out of JFK Airport until it’s Howard Greenberg. ”

Source: Teacher in Federal Criminal Practice, Kings County Bar Association Seminar.

*” Howard Greenberg is the Greatest CROSS-EXAMINER ON THE PLANET! ”

Source: Prof., Trial Advocacy, CUNY Law
Representation in any jurisdiction in the United States, in any court, from situation inception by means of trial:
Brooklyn Criminal Lawyer,
Negotiating Surrender
Lively Warrants
Arraignment
Pretrial Proceedings
Suppression Hearings
Pretrial Negotiation
Jury and Non Jury Trials (from easy to complicated litigation)
Submit Verdict Proceedings
Appeals
Violations of Probation and Parole
All Grounded in Acquiring Defended Roughly 4,000 Criminal Defendants over 2 decades

Brooklyn Criminal Lawyer,
(Examples: Adjournment in Contemplation of Dismissal, Arraignment, Arrest, Arson, Assault, Burglary, Conspiracy, Contraband, Managed Substances, Criminal Homicide, Discovery Medication, Disorderly Conduct, DWI, Harassment, Immigration Law, Kidnapping, Larceny, Menacing, Murder, Rape, Narcotics, Pre-Trial Motions and Hearings, Racketeering, Robbery, Search and Seizure, Sodomy, Trial, The Exclusionary Rule, Weapons Possession, White Collar Crimes, etc.)

Greenberg Law Firm, Brooklyn Criminal Lawyer, would like to thank you for visiting our internet site. If you at any time discover by yourself in need of expert and trustworthy legal representation, we hope that you’ll speak to us right away. When it arrives to issues of the law, don’t take any probabilities! Make certain that you have an attorney who will advocate for your rights and act in your ideal interest at all occasions. Call Greenberg Law Firm and relaxation straightforward understanding that all the specifics of your case are in capable and experienced palms.
We would enjoy it if you would take a number of moments to solution the following issues. Please be assured that we do not share or offer personal info about you besides when we have your permission

Originally published here.

MoreDefense Attorneyquestions please visit : LawyerFreeFAQ.com

Is it important to hire a defense attorney, even if you want to plead guilty to a crime?
No a public defender can work that out. Source(s): self Even if you’re planning on just pleading guilty, there’s still a place for a defense attorney, whether you hire one or you use a public defender. The attorney is still your supporter, a…

Is It Legal For A Prosecutor or a Defense Attorney to Divulge Points of a Case to the Public?
Is it Legal for Anyone to give away details or anything about a bag to the general public, before a satchel. For example, a man is accused of Larceny by Employee, is it okay for the prosecution or the Defense Attorneys to…

Is it possible for a twelve year hoary boy to be a defense attorney?
I just wanted to know because i enjoy my heart set on being a lawyer. My mum think it would be great for me since as she say im so “arguementative”. And classroom trials are a “cant-be-done” because my teacher is sort of a bit** Yes. If…

Is it true that Police Officers aversion defense attorney, but close to the DA?
Well, is it true ? I think that vary by attorney and officer. Being cross examined is part of the game. A defense attorney who puts on academy award champion performances, complete with the hand motions and voice inflections, are the ones that gain me. I agree…

Is it unprincipled for a defense attorney to enlighten his client to fiction?
I recently studied a case where on earth a theif was given the perfect solution to catch out of a crime, all he had to do be lie and say he be a drug addict and opposed to getting a prison sentence, he would bring back 90 dys…

Is it unprincipled for a defense attorney to inform his client to lie back?
I recently studied a case where on earth a theif was given the perfect solution to take out of a crime, all he had to do be lie and say he be a drug addict and opposed to getting a prison sentence, he would go and get…

Is Jesus unsophisticatedly lately a defense attorney that know the consider?
Some would articulate he’s both judge and jury No. He is the deem, the jury and the executioner. He is the Judge who is also the Advocate of repentant sinners. The Judge saw the plight of us lot in the dock and decided to help yourself to legal action to…

Is near a defense attorney around?
I need to ask some questions relating to my sons murder. The first courtdate have been set for Aug. 7, 2009. The prosecution is going to present the evidence to the murderer and his attorney. What happens after? And can they plea bargain that day? this “evidence” have already been disclosed to the defendant and…

Jesus, Your defense attorney, or your Prosecutor?
My Superstar contained by the rock opera, Jesus Christ Superstar. No question he have to be the prosecutor, because his purported father is the most bloodthirsty monster ever created in the mind of man. Err…I don’t think a comatose guy is eligible for the Bar. Both. You’re defense attorney, an unfailing one at that….

John Doe is the defendant. In adornment to his defense attorney, does the style guru and DA know his identity?
John Doe as defendant can be used when the legal name of the defendant is not currently particular but the plaintiff needs to file suit to avoid a statute of limitations exclusion. It’s used surrounded by malpractice cases when the name…

Juvenile sex defense attorneys.?
Do you think a law firm call Imhoff & Associates, P.C. Criminal Defense Attorneys is a good law firm that will gain charges dismissed? There website is criminalattorney.com Personally, I use Dewy, Cheatum and Howe. They’re great. depends on the particulars of the case. send for them up and see what they have to offer if you…

Legal and Ethical Obliagtions of Defense Attorneys?
I am doing a paper on the “Legal and Ethical Obligations of Defense Lawyers”. I have found most of the official obligations but i am struggling to differentiate between those and the ethical obligations.HELP! some possible books would be excellent. every lawyer including defense attorneys are obligated to practice canon according to the rules…

Majors for Defense Attorney?
I want to be a defense attorney in criminal law. What are some possible majors for me to look into. Thank you for your backing. I would recommend a Sociology major. It will help you capture an understanding of what social pressures push people to commit crime. My institution has a core of four classes on crime…

Marginal Revenue: A defense attorney charges her client $4000 plus $120 per hour. The formula R = 120n + $4000
gives her revenue in dollars for n hours of work. What is her revenue for 100 hrs of work? What is her revenue for 101hrs of work? By how much did the extra hour of work increase her revenue? The increase…

Missouri DWI charge, prosecutor offered to free us the money of getting a defense attorney, is this advisable?
My husband was arrested for DWI 2 weeks ago. I ran into the city prosecutor (who will be prosecuting my husband) and he offered to free us the money of hiring a defense attorney by visiting with us roughly speaking our options pro…

Mock trial defense attorney?
Im doing a mock trial in school and i am the defense barrister. Im finding it complex to find reasons in the defense of the accuse. i would like some help if at all possible. it is in the defense of a 35 year old man who is attending a football clash with his 2 children. He…

Murder defense attorney..?
Do you think you could stand in court and represent someone who have been accused of murder? If I believed that someone was innocent. I’ve see innocent people punished. When I was a youth I thought I could .in fact i.e. what I wanted to be (a criminal defense attorney) after reading “Rage of Angels” – I thought…

Must a prosecuting attorney share adjectives info next to defense attorney?
Yes. It’s called “disclosure”. Yes they must. If not, it is grounds for reversal of any guilty verdict and for a charge of prosecutorial misconduct. EDIT: I think it is call “Discovery”, not “disclosure”. And the defense is not obligated to turn over anything to the prosecution unless the attorney…

My friend is a defense attorney and newly lost a valise. What do i say-so?
my friend is a criminal defense attorney whom just lost a dui trial. i sat through the trial he have great arguments and a great judge…just not a great client. the race did not like his demeanor. what do i do or say to build him…

Originally published here.

When a person is filing an expunge motion, they are usually doing so to expunge a criminal record, in which case it’s strongly advised to seek legal counsel. Learn about the ways in which different states treat the process of expunging records with help from a certified civil mediator in this free video on filing an expunge motion. Expert: Robert Todd Bio: Robert Todd is the managing partner and president of Robert M. Todd, PA and Family Law Solutions. Filmmaker: Christopher Rokosz ]]> http://www.duiexpungementexperts.com/2011/03/20/divorce-advice--how-to-file-an-expunge-motion.html/feed 0 http://www.duiexpungementexperts.com/2011/03/19/rhode-island-criminal-defense-lawyer-article-bail-and-arraignment-in-ri.html http://www.duiexpungementexperts.com/2011/03/19/rhode-island-criminal-defense-lawyer-article-bail-and-arraignment-in-ri.html#comments Sat, 19 Mar 2011 09:47:59 +0000 DUI Expungement Experts http://www.duiexpungementexperts.com/?page_id=29

If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person.  The bail commissioner could also set bail in order for the person to be released.

It is usually not advisable for a person to give a statement to the police without a Rhode Rhode Island (RI) Criminal Lawyer / Attorney. However, there are exceptions to every rule!

The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody.

The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. Nolo contendere means the person is admitting to the charges but is not contesting them. A defendant should never plead guilty. A nolo contendere plea is not a conviction unless there is a suspended sentence, fine or jail time. The scope of this RI Criminal law article does not pertain to expungement law or a detailed explanation of the different pleas and sentences that can be imposed.

It is usually a very bad idea for a person to plea nolo contendere without a Rhode Island Lawyer at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is usually very strongly advisable that the defendant says not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney they should go to the Rhode Island Public Defender’s office.

If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere.

At the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him/ her at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds. A defendant released on personal recognizance, has to promise that they will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future the accused will owe that amount of money to the State of Rhode Island.

If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.

If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. a Bail bondsman’s fee is usually reasonable. If the person attends all Court dates then they will get that money back at the end of the case.

If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence than the judge can hold the person as a”violator” pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.

There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. The scope of this article does not include an in depth analysis of bail / filing / probation violation hearings.

It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.

A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

Originally published here.

STATE OF NORTH CAROLINA v. BRIAN ALEXANDER SCOTT
SUPREME COURT OF NORTH CAROLINA

The State challenged an order of the Court of Appeals (North Carolina), which affirmed a trial court’s dismissal of defendant’s conviction for habitual driving while impaired. Defendant was indicted for DWI, habitual DWI, driving while license revoked (DWLR), carrying a concealed weapon, possession of a firearm by a felon, and being a habitual felon. The trial court granted defendant’s motion to dismiss the conviction based on insufficiency of the evidence. Defendant pleaded guilty to driving while license revoked and was sentenced on that violation.

ISSUES:

Whether the Court of Appeals applied the correct standard of review in determining whether the trial court properly dismissed the habitual DWI charge, under N. C.G.S. § 15A-1227(a)(3), after the jury had returned a verdict of guilty but before entry of judgment; and
Whether the Court of Appeals applied the correct standard of review in determining whether the trial court properly dismissed the habitual DWI charge, under N. C.G.S. § 15A-1227(a)(3), after the jury had returned a verdict of guilty but before entry of judgment.

DISCUSSION:

The legislature did not distinguish a motion to dismiss after the return of a verdict of guilty by setting it apart in another statute. Rather, the legislature included it within N. C.G.S. § 15A-1227 along with the other provisions. Parts of the same statute dealing with the same subject matter must be considered and interpreted as a whole.  Upon defendant’s motion for dismissal, the question for the Court is whether there is substantial evidence (1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of defendant’s being the perpetrator of such offense. If so, the motion is properly denied.  If the evidence is sufficient only to raise a suspicion or conjecture as to either the commission of the offense or the identity of the defendant as the perpetrator of it, the motion should be allowed.  The test for sufficiency of the evidence is the same whether the evidence is direct or circumstantial or both.  If the evidence presented is circumstantial, the court must consider whether a reasonable inference of defendant’s guilt may be drawn from the circumstances. Once the court decides that a reasonable inference of defendant’s guilt may be drawn from the circumstances, then “‘it is for the jury to decide whether the facts, taken singly or in combination, satisfy [it] beyond a reasonable doubt that the defendant is actually guilty.  Substantial evidence is that amount of relevant evidence necessary to persuade a rational juror to accept a conclusion.

A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more.

Under the proper standard of review, substantial evidence existed for each essential element of DWI. Viewing the evidence in a light most favorable to the State, the Court concluded that a reasonable inference of defendant’s guilt may be drawn from the direct and circumstantial evidence presented by the State. Such evidence was sufficient to support the jury’s verdict of guilty. Accordingly, the Court of Appeals erred in affirming the trial court’s dismissal of the DWI charge.

JUDGMENT:

Based upon the foregoing, we reverse the decision of the Court of Appeals and remand this case to that court for further remand to the Superior Court, Durham County. Upon remand, the trial court is to sentence defendant for the habitual DWI and may continue with any proceedings pertinent to the habitual felon charge.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

Originally published here.

Do Christians have any laws concerning cruelty to animals?
B’H Jews have many laws regarding treatment of animals. Aside from the Universal Commandment that NO ONE may eat meat cut from an animal while it’s still alive (as is often the practice in the commercial meat industry), Jews have many other laws regarding compassion for animals such as the.

Do copyright laws expire for images from old books?
Hi, I have a few old books dating from the 40s to the 70s. Id like to take some of the images in them and use them on shirts. What does the law say pertaining to this? Is this illegal? Thanks The pictures probably are copyrighted, and their copyright might.

Do I have to work both weekend days in VA, by Law??
There are no state or federal laws which prohibit an employer from requiring worki on two consecutive weekend days. Virginia is at-will employment state, meaning either party can terminate a working relationship for any reason, at any time. Of course if you are paid hourly, you.

Do I invite my ex-in laws to my wedding?
I dont talk to my ex husband but me and his parents are always calling each other up to say hi. We see each other at church functions and stuff. But would it be like an insult to them for me to invite them to my wedding? Me and my.

Do illegal immigrants who work in the U.S pay any kind of taxes?
If not then why are they aloud to protest as if they are law abiding citizens?? If they do pay taxes, and follow our laws then why are they such a problem? I do think it is wrong to enter the nation illegally, but they are.

Do judicial laws truly favor the rich? (Those who can afford high powered lawyers/ can influence judges)?
Note all those recent cases where criminals get away with commiting all kinds of crimes. Our system favors the rich in two ways. First, if you are rich enough, you can hire an army of the best lawyers, expert witnesses, and provide.

Do laws that are difficult to enforce or prove punish honest people?
I am thinking of illegal immigration and the impact it has on employers who are unwilling to accept false social security numbers or pay in cash. I am also thinking of some of the ethical obligations imposed on lawyers like duties to disclose model rule 4.1. The.

Do lawyers vote liberal or conservative? Where’s the stats?
Liberal. Trial lawyers love Democrats, as they are anti-big business and tend to pass laws that give lawyers a greater chance to sue and make money. – Cheney’s probably vote liberal. – why you need a lawyer? – not every lawyet is a trial lawyer. What about corporate lawyers,.

Do Publishing Companies Enforce Copyright Infringement Lawsuits?
I have a friend who was selling solutions manuals on ebay (PDF files) and ebay stopped the listings but not before he sold several manuals. My friend is not a bigtime operator and didn’t know the copyright laws. One of the publishing companies recently sent him a letter telling him that he.

Do schools still teach kids about not breaking laws, like they taught me in the 1950’s?
of course! I am so sick and tired of people dumping on younger generations. THere has always been bullies, and a few bad apples that broke the rules and up set the wider public. Just because you have some idealized picture of.

Do the laws today protect people from discrimantion at the workplace?
What kind of lawsuits go to cout over discrimination in the workplace? Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Equal Pay Act of 1963 (EPA), which protects men and women.

Majority of Americans support stricter gun control laws?
so rednecks do you realize that you are minority? Should we Americans protect you ? LOL http://www.pollingreport.com/guns.htm.laws I’m sorry, but the fact that you used ‘LOL’ in your statement really threw me off. – NOPE, we have the guns, we can protect ourselves. Professing themselves to be wise,.

Marriage laws what is it and why do we have them?
Marriage licencse are regarsterd by law why is that? Marriages under the common law (the law from England and the Middle Ages), were essentially contracts. Marriages were very important. Land, money, alliances, goods, soldiers, and ships would be exchanged between families as part of a marriage. Some people.

Massachusettes hidden camera laws.?
It is legal for a business to install and record people in a public business, specifically without the consent or knowlege of employees. Yes except in private places like rest rooms & dressing rooms. They do not have to notify employees in break rooms or work stations. – Yes it is. The only places they.

Massachusetts Obesity Law?
Massachusetts is pushing a law that would prohibit discrimination based on weight. Why are obese people now considered a recognizable group and why should laws be passed to compensate the weak? Our airlines went through this a few years ago with the obese. They had to decide if the obese should pay for one or two.

Mayor Bloomberg of NYC is as close to a dictator as Sadaam?
Because he quit smoking, he pushed laws to ban smoking in all places, because he eats healthy, he bans transfat from restaurants, now because he doesn’t want traffic in manhattan, he is trying to impose an $8 charge to come into the city by vehicle. Where is.

Michigan statutory rape laws ?
okay my boyfriend is 17 , and i’m 15 . We are exactly 2 years and 2 days apart ?? He keeps spazzing because my dad doesn’t like him and he thinks that once he turns 18 he’s going to try and take him to jail because i’ll only be 16 . i dont.

More Loopy laws?
It’s against the law for a woman to be topless in public unless they’re an assistant in a fish store. women should be allowed to go topless when they want, life would be great. – Oh that is TOO funny! Is that so the fish will slide down her back into the aquarium when they accidentally.

Moving out of the Home?
Hey. I live in West Virginia, and I know all about the emancipation laws. However, I am already seventeen, and I dropped out of school to be at the care of my mom who has lymphoma. We are trying to get home schooling in order, but it may not be possible. I know that.

My aunt just passed away but no will?
She owned a home before she died and did not have a will. My sister and I are the only two living relatives of hers. Who gets the property? If she died intestate all of her assets will pass to her heirs as specified in her state’s intestacy laws. State laws.

My best friend is 18 and his girl is 16 about to be 17.. is it illegal if she’s 17?
let me know Being 17 is not illegal. – Depends on the state. – Depends on the state. – is what illegal? for them to be dating? no. If they have sex, it depends on the laws from your.

My car has been repaired for the same defect more than four times and the problem is still occurring?
what should I do? should i take the help of a lawyer ? Take the help of Lawyer. Your issue comes under lemon law. Lemon laws often vary from state to state and may not necessarily cover used or leased.

My DUI was expunged earlier this year, an I still required to have a SR-22 even though ‘not guilty’ was enterd
Expungement is NOT the same as ‘not guilty’. You need to check the laws of your state to see how this affects you. However, it is LIKELY that you no longer need SR-22 because as far as.

My Employer Wanted me to Break the Laws of EEOC?
My supervisor hired me (HR Recruiter) to help her with knowing employment laws. She told me not to hire people of a protected class (blacks) within certain zip codes. She also asked how she could fire a pregnant woman because, ‘I can’t have someone taking off time from work’..

My neighbor has long branches that hang over my fence. Can I cut them without his permission?
Depends on where you live. Generally, yes. But. most states in the U.S. have strict liability arbor laws. That is, if you kill or damage the tree by your action, then you pay. Be carefull. Take a look at the prices.

Myspace, facebook or other social networking site laws?
Name all the laws or causes of action you can think of that relate or could relate to a person’s participation on a social networking site. For instace, intentional infliction of emotional distress, defamation, identity theft, etc. Have fun! Let’s see how many we can name, and if you know of.

Need answers about my employers obligation on ‘paid’ activities?
My job has told me that if I do NOT go to counseling that I will be fired. My question is, ‘do they have to pay me for time missed due to this or is it my loss’? What are the laws on this type of situation? I think it.

Need answers on ‘confidentiality’ laws?
Am wondering if anyone knows about this, or where I can go to see if my employer is breaking the law with disclosing my ‘private’ record and coversations with other management and employees? I thought that my rehab worker at work had to keep my file and our discussions private?? find out if the.

New Laws? If a child takes drugs to school, is it a Federal issue? DO state laws now mandate a crime such as?
this no longer remain as youthful offense. My friend was told this offense would remain in her son’s record after he is 18? Wondering if Colunbine or ‘No child left behind’ laws changed the statute to.

More Law questions please visit : LawFreeFAQ.com

Originally published here.

Do I invite my ex-in laws to my wedding?
I dont talk to my ex husband but me and his parents are always calling each other up to say hi. We see each other at church functions and stuff. But would it be like an insult to them for me to invite them to my wedding? Me and my.

Do illegal immigrants who work in the U.S pay any kind of taxes?
If not then why are they aloud to protest as if they are law abiding citizens?? If they do pay taxes, and follow our laws then why are they such a problem? I do think it is wrong to enter the nation illegally, but they are.

Do judicial laws truly favor the rich? (Those who can afford high powered lawyers/ can influence judges)?
Note all those recent cases where criminals get away with commiting all kinds of crimes. Our system favors the rich in two ways. First, if you are rich enough, you can hire an army of the best lawyers, expert witnesses, and provide.

Do laws that are difficult to enforce or prove punish honest people?
I am thinking of illegal immigration and the impact it has on employers who are unwilling to accept false social security numbers or pay in cash. I am also thinking of some of the ethical obligations imposed on lawyers like duties to disclose model rule 4.1. The.

Do lawyers vote liberal or conservative? Where’s the stats?
Liberal. Trial lawyers love Democrats, as they are anti-big business and tend to pass laws that give lawyers a greater chance to sue and make money. – Cheney’s probably vote liberal. – why you need a lawyer? – not every lawyet is a trial lawyer. What about corporate lawyers,.

Do Publishing Companies Enforce Copyright Infringement Lawsuits?
I have a friend who was selling solutions manuals on ebay (PDF files) and ebay stopped the listings but not before he sold several manuals. My friend is not a bigtime operator and didn’t know the copyright laws. One of the publishing companies recently sent him a letter telling him that he.

Do schools still teach kids about not breaking laws, like they taught me in the 1950’s?
of course! I am so sick and tired of people dumping on younger generations. THere has always been bullies, and a few bad apples that broke the rules and up set the wider public. Just because you have some idealized picture of.

Do the laws today protect people from discrimantion at the workplace?
What kind of lawsuits go to cout over discrimination in the workplace? Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Equal Pay Act of 1963 (EPA), which protects men and women.

Majority of Americans support stricter gun control laws?
so rednecks do you realize that you are minority? Should we Americans protect you ? LOL http://www.pollingreport.com/guns.htm.laws I’m sorry, but the fact that you used ‘LOL’ in your statement really threw me off. – NOPE, we have the guns, we can protect ourselves. Professing themselves to be wise,.

Marriage laws what is it and why do we have them?
Marriage licencse are regarsterd by law why is that? Marriages under the common law (the law from England and the Middle Ages), were essentially contracts. Marriages were very important. Land, money, alliances, goods, soldiers, and ships would be exchanged between families as part of a marriage. Some people.

Massachusettes hidden camera laws.?
It is legal for a business to install and record people in a public business, specifically without the consent or knowlege of employees. Yes except in private places like rest rooms & dressing rooms. They do not have to notify employees in break rooms or work stations. – Yes it is. The only places they.

Massachusetts Obesity Law?
Massachusetts is pushing a law that would prohibit discrimination based on weight. Why are obese people now considered a recognizable group and why should laws be passed to compensate the weak? Our airlines went through this a few years ago with the obese. They had to decide if the obese should pay for one or two.

Mayor Bloomberg of NYC is as close to a dictator as Sadaam?
Because he quit smoking, he pushed laws to ban smoking in all places, because he eats healthy, he bans transfat from restaurants, now because he doesn’t want traffic in manhattan, he is trying to impose an $8 charge to come into the city by vehicle. Where is.

Michigan statutory rape laws ?
okay my boyfriend is 17 , and i’m 15 . We are exactly 2 years and 2 days apart ?? He keeps spazzing because my dad doesn’t like him and he thinks that once he turns 18 he’s going to try and take him to jail because i’ll only be 16 . i dont.

More Loopy laws?
It’s against the law for a woman to be topless in public unless they’re an assistant in a fish store. women should be allowed to go topless when they want, life would be great. – Oh that is TOO funny! Is that so the fish will slide down her back into the aquarium when they accidentally.

Moving out of the Home?
Hey. I live in West Virginia, and I know all about the emancipation laws. However, I am already seventeen, and I dropped out of school to be at the care of my mom who has lymphoma. We are trying to get home schooling in order, but it may not be possible. I know that.

My aunt just passed away but no will?
She owned a home before she died and did not have a will. My sister and I are the only two living relatives of hers. Who gets the property? If she died intestate all of her assets will pass to her heirs as specified in her state’s intestacy laws. State laws.

My best friend is 18 and his girl is 16 about to be 17.. is it illegal if she’s 17?
let me know Being 17 is not illegal. – Depends on the state. – Depends on the state. – is what illegal? for them to be dating? no. If they have sex, it depends on the laws from your.

My car has been repaired for the same defect more than four times and the problem is still occurring?
what should I do? should i take the help of a lawyer ? Take the help of Lawyer. Your issue comes under lemon law. Lemon laws often vary from state to state and may not necessarily cover used or leased.

My DUI was expunged earlier this year, an I still required to have a SR-22 even though ‘not guilty’ was enterd
Expungement is NOT the same as ‘not guilty’. You need to check the laws of your state to see how this affects you. However, it is LIKELY that you no longer need SR-22 because as far as.

My Employer Wanted me to Break the Laws of EEOC?
My supervisor hired me (HR Recruiter) to help her with knowing employment laws. She told me not to hire people of a protected class (blacks) within certain zip codes. She also asked how she could fire a pregnant woman because, ‘I can’t have someone taking off time from work’..

My neighbor has long branches that hang over my fence. Can I cut them without his permission?
Depends on where you live. Generally, yes. But. most states in the U.S. have strict liability arbor laws. That is, if you kill or damage the tree by your action, then you pay. Be carefull. Take a look at the prices.

Myspace, facebook or other social networking site laws?
Name all the laws or causes of action you can think of that relate or could relate to a person’s participation on a social networking site. For instace, intentional infliction of emotional distress, defamation, identity theft, etc. Have fun! Let’s see how many we can name, and if you know of.

Need answers about my employers obligation on ‘paid’ activities?
My job has told me that if I do NOT go to counseling that I will be fired. My question is, ‘do they have to pay me for time missed due to this or is it my loss’? What are the laws on this type of situation? I think it.

Need answers on ‘confidentiality’ laws?
Am wondering if anyone knows about this, or where I can go to see if my employer is breaking the law with disclosing my ‘private’ record and coversations with other management and employees? I thought that my rehab worker at work had to keep my file and our discussions private?? find out if the.

New Laws? If a child takes drugs to school, is it a Federal issue? DO state laws now mandate a crime such as?
this no longer remain as youthful offense. My friend was told this offense would remain in her son’s record after he is 18? Wondering if Colunbine or ‘No child left behind’ laws changed the statute to.

Non Americans for stricter gun laws in America, please answer this?
I don’t expect you to have a different conclusion if you’ve done this, but I would like to know if you’ve ever given thought to why so many of us prefer non highly restrictive gun laws. In my observation, most of you judge guns either by crime rates.

Now What to do?
The day before yesterday, the greatest amok shooting massacre in the history of this country unfolded before a very unsuspecting, surprised, and shocked community in Blacksburg, Virginia. But Sen. Harry Reid, a democrat, along with others who should now be in a very good position to make significant changes in laws that are undoubtedly at.

Ok but what does the Executive Branch deal with besides Bush like what kind of laws?
When someone asks this kind of question, it makes me wonder where you went to school. If it was in the US you have had 12 years to study this. There are three branches of government.. The Legislative, the Executive and the.

Once convicted i think all peadophiles should be hung do you?
why do we put up with the stupid laws when our kids are not safe I would not go saying this in Vermont. you would be public enemy #1. O’Rielly all tho a big mouth at time who loves to hear himself talk, does have my respect for.

More Law questions please visit : LawFreeFAQ.com

Originally published here.