Monthly Archives: August 2010

Senior judge denied early release

Update: Felix Ortega Pleads Guilty To Two Counts of Murder
Ortega was in a wreck in April 2009 that killed two teenagers; Ortega was also arrested for DUI that night A man accused of driving drunk and killing two Huntsville teens pleaded guilty Monday morning to two counts of murder. Felix Ortega will serve 15 years in prison for each count, but the sentences will run concurrently, meaning he will be eligible for release after 15 years.

Read more on WHNT-TV Huntsville

TV marathon
Ed Bernstein never intended to be on TV this long.

Read more on Las Vegas CityLife

Senior judge denied early release
WILKES-BARRE – A Luzerne County judge…

Read more on Times Leader

Attorney Launches New Massachusetts DUI Law Blog

Framingham, MA (PRWEB) November 16, 2009

Massachusetts DUI Attorney Brian E. Simoneau, who specializes in Registry of Motor Vehicles, ignition interlock device, and hardship license appeals, is pleased to announce that has launched a new blog which contains information regarding Massachusetts DUI Laws and legal issues related to operating under the influence as well as license suspensions and the breath alcohol ignition interlock device.

Attorney Simoneau’s new blog, which is titled “Massachusetts DUI Law” contains up to date advice and helpful information for those who were arrested for operating under the influence and have to deal with the Mass. RMV or the Board of Appeal. Topics include Melanie’s Law, the consequences of an OUI conviction, the controversial ignition interlock device, DUI defense tactics, out of state issues, and the proposed new Massachusetts DUI Laws, which would enhance penalties, lengthen suspensions, and require even first offenders to use the ignition interlock device.

The blog allows for users to ask questions and engage in interactive discussions regarding Massachusetts DUI Laws and Registry of Motor Vehicles license suspensions. Given the complexities associated with these issues, it is important for both Massachusetts drivers and lawyers to have a resource which allows them to receive up to date information and ask questions. The Mass. DUI Law Blog will serve as a valuable resource to both Massachusetts motorists and the legal community.

Attorney Simoneau looks forward to posting answers to DUI and license suspension related questions as well as publishing news and information regarding the latest trends in DUI defense and how to get a Massachusetts Hardship License. Visitors are encouraged to ask questions and share their stories. This blog will explain the Massachusetts DUI Laws, which are exceedingly complex, in a clear, concise, and useful manner. If you have questions or need information regarding drunk driving, Melanie’s Law, or any other related topic, visit Attorney Simoneau’s new blog today.

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Q&A: isn’t criminal records public info. I live in texas and want to access free public criminal records on line.?

Question by Tammy E: isn’t criminal records public info. I live in texas and want to access free public criminal records on line.?
I have spent hours on line clicking on ‘FREE’ people searches onley to get hit with order forms for paid searches. is there a free public records data base gives more then phone numbers and addresses?

Best answer:

Answer by Todd B
I’ve never seen one. Most times to get an actual criminal history, you need to go through the State Police, and they do charge.

Usually extended background checks are limited to law enforcement.

Add your own answer in the comments!

Nice Dui Conviction photos

Some cool dui conviction images:

Monthly Carnage: Hit & run in Pilsen is among 5 pedestrian deaths in past 30 days
dui conviction

Image by Steven Vance
Martha was killed by a driver in a purple 4-door sedan for which police are still searching. If you have any information, please call police at 911, or The Martha Gonzalez Memorial Committee at 312-203-4986. There’s a reward for information that leads to the conviction of the driver.

Pedestrian fatalities in the past 30 days:
-Martha Gonzalez, Tuesday, October 13th, 1700 S Halsted Street. Driver at large.
-Larry Nelson, Saturday, October 17th, 1100 S Cicero Avenue. Driver at large.
-Kim Brown (pregnant), 50 N Kostner Avenue (her child was delivered via Caesarean section but died). Driver (James Cox) arrested and charged with aggravated driving under the influence.
-Rachel Gilliam, Sunday, November 1st, 4300 N Lincoln Avenue. Driver at large.
Total: 6 people (that I know about!)

Pedestrian injuries recently:
-Three teenagers (most likely UIC students), Saturday, September 26th, 1220 S Halsted Street (right across from James Stukel Towers dormitory). Driver at large.

Please read what Tom Vanderbilt is writing about jaywalking on Slate.
My title is modeled after Streetsblog’s "The Weekly Carnage" posts that list all the collisions and deaths involving motor vehicles.

178 of 365 – …the jury’s verdict is “Guilty”, sir
dui conviction

Image by paul+photos=moody
My jury service is over – and i’m free to talk about the case. It was a drunk driving case with a couple lesser offenses (lying to police, etc.). I have one piece of advice, don’t wear orange – or your fellow jurors will pick you as "Foreman" : )

It was clear and uniamous on most of the elements of each charge, except one point in lying to the police – did they intend to impede the investigation, or were they just being a smart ass? It took nearly an hour for us to agree that they were trying to impede (had strong motive).

So as Foreman I was asked to pronounce them ‘guilty’ on 3 counts, and we thought we’d be done – but wait, there’s more.

Since the conviction we just handed out was a 4th or greater felony, an unknow to us second phase of the trial had to begin (ugh!). We were sequestered, fed lunch and then had to hear testimony on this person’s DUI and felony record – watch the defense try everthing it could imagine to stop the trial – and then eventually we reviewed the previous court degrees and conviction records. For a second time, I had to stand and pronounce the verdict – guilty.

It was weird to be Foreman, since this is the same judge that 2 weeks ago heard and granted my divorce – we have some history. He spoke to me differently this time – like he knew me (kinda scary – i mean, judges are really really powerful – you can sense it in the courtroom). I hope he thinks favorably of me : )

I have to admit – this was an excellent jury experience – i mean if you’re gonna serve, might as well do some good. We put away a 7 time DUI offender. My only regret that I couldn’t fine or sentence the previous judges that let this person off over and over again with little or no fines or jail time. Justice has finally been served.

DUI manslaughter convict wants life sentence reduced

dui sentence

Image by ( kurtz )
You should have to wear this costume when warning High School students not to drink and drive as part of your DUI Sentence.

working on sunset portraits

strobist Rule 2 compliance – sigma ef-530dg super with frosted lightsphere on 6′ Adorama cord handheld right, hotshoe triggered.

DUI manslaughter convict wants life sentence reduced
Seven years after a Tampa jury convicted him for the DUI crash that killed three men and injured another, Joseph Safrany was back in court trying to get a new, lesser sentence.
Read more on WTSP-TV Tampa

Oilers’ Khabibulin awaits sentence in DUI case
As Nikolai Khabibulin prepares to receive his sentence Tuesday in alcohol-related driving charges, the two most important men in his life are B. Monte Morgan and Steve Tambellini. The former is the judge who will decide Khabibulin’s fate.
Read more on SportingNews

DUI plea brings six-year prison sentence
URBANA – A New York man who admitted he drove while drunk last fall was sentenced Tuesday to six years in prison in Champaign County Circuit Court. Michael Deck, 50, of Cicero, N.Y., pleaded guilty before Judge Richard Klaus to driving under the influence, admitting that on Oct. 23, he drove at a time when his blood alcohol level was 0.174 percent. read more
Read more on The Champaign News-Gazette

DMV Hearings

DMV Hearings

DMV Hearings

The California Department of Motor Vehicles has the jurisdiction to administer an Administrative Per Se, commonly known as APS, hearing affecting the driving privileges of the DUI offender. The DMV case is totally separate and independent from the criminal case. Therefore, a DUI defendant must defend himself twice-at both the DMV and at criminal court. This also means that the DUI defendant gets punished twice.

In order to schedule an APS hearing, the DUI defendant must contact the DMV within 10 calendar days of arrest. This is a strict deadline. If missed, driving privileges will be suspended for the prescribed time, depending on the number of DUIs within the previous 10 years. The DMV determines the 10-year period based on arrest date to arrest date. After the first DUI offense, any subsequent offense is charged as a multiple offender DUI, with higher fines, longer suspension periods, and longer mandated alcohol education classes.

The APS hearing is conducted by a DMV Hearing Officer. This individual is not an officer of the court, but rather a DMV employee trained to hear these types of cases. There are three things that must be proved, by a preponderance of the evidence, in order to suspend a person’s license:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle while under the influence of alcohol?

Were you lawfully arrested?

Were you driving a motor vehicle when you had .08% or more, by weight, of alcohol in your blood?

The consequences of losing an APS hearing depend on how many, and what type of offenses occurred in the previous 10 years:

§ First-time offender: Where a chemical test was performed, and the results show a BAC of .08 or more, the DMV will suspend the driver’s license for four months. Where a chemical test is refused, the DMV will suspend for one year.
§ Second-time offender: Where the chemical test is performed, and the BAC results are .08 or greater, the DMV will suspend for the driver’s license for one year. Where chemical test is refused, there is a two-year revocation.
§ Third-time offender: Where the chemical tests show a BAC of .08 or greater, there is a two-year revocation. But with a refusal, there is a three-year revocation.
§ Four + offender: The punishment is the same whether a sample is provided or the test is refused: a four-year revocation of the person’s driver’s license.

In order to get reinstatement of driving privileges, the DUI offender must pay a 5 reinstatement fee, provide proof of financial responsibility (via the SR-22, which is gotten from the car insurance company), and offer proof of enrollment and ultimately proof of completion in an alcohol education class.

The Kavinoky Law Firm

Article from

Florida Criminal Defense Attorney John Hager talks about the importance of having a lawyer at the DMV Hearing if you have been arrested for a DUI. TheLaw Offices of Hager and Schwartz handles all felony and misdemeanor criminal charges including DUI, Domestic Violence, Drug crimes, Theft crimes, Probation Violation, Expungement and more. Mr. Hager represents clients in Miami Dade, Broward, Collier, Monroe and Volusia counties. You can contact John Hager at or by calling (866) 850-7575.
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Jackass Vol. 1 – Pre-Played

Jackass Vol. 1 – Pre-Played

The embarrassment-free stars of MTV’s reality show Jackass wreak havoc on unsuspecting bystanders with gross-out gags, bizarre behavior, and stunts you’d have to be brain dead to try. But they do it, and with hilarious results. In the first volume of stunts from the poster boys of “don’t try this at home,” star Johnny Knoxville leads Bam Margera and a bumbling band of merry men in an array of utterly ridiculous antics and stunts that made network lawyers cringe. Watch them wander the streets in a variety of men’s underwear, mount magazine stands in gorilla suits, sword fight across town, and much more.
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