» DUI and DWI Law

Lakeland, FL (Law Firm Newswire) April 22, 2015 – T.V. crime shows have made many familiar with the part of the Miranda warning stating that if the offender cannot afford an attorney, the court may appoint one for them. The U.S. constitution guarantees the right of an accused to speak to an attorney. Public defenders came into being in the United States in 1963, as a result of a decision handed down by the U.S. Supreme Court in Gideon v. Wainwright. It stated the Sixth Amendment mandates that the government provide free legal counsel to indigent defendants in criminal cases. […]


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Okaloosa County, FL (Law Firm Newswire) February 18, 2015 – As spring break approaches, millions of young high school and college students head to sunny Florida to vacation with their friends. Unlike other popular spring break destinations, such as Mexico, the legal drinking age in Florida is 21 years of age, and this age limit is strictly enforced whether it is spring break or not. Unfortunately, many spring break visitors ignore this limit and attempt to engage in underage drinking while on vacation in Northwest Florida. Underage drinking may result in more than a citation for Minor in Possession of […]


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Lakeland, FL (Law Firm Newswire) January 15, 2015 – Committing a crime against the justice system is an act involving a disruption of the operating of the system itself – a system that protects the rights of all Americans. For those that watch reality court TV or police shows, the terms defying a court order or being held in contempt of court are fairly familiar. In some instances, authorities do not consider these offenses to be criminal, but if they are, they may be punishable by jail time and the imposition of fines. Most are not aware that being in […]


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Lakeland, FL (Law Firm Newswire) January 8, 2015 – Victimization via computer is a growing problem for law enforcement. It is not easy to track cybercrimes, and the more sophisticated cybercriminals become, the harder it is to keep up with the latest in technology to catch them. “More often than not, cybercrimes have been perpetrated against children,” says Thomas Grajek, a Lakeland, Fla. criminal defense attorney. “However, over the course of the last few years, crimes against older teens and young adults have also been on the rise. Consider the case of the male nurse who counseled at least two […]


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St. Peters, MO, (Law Firm Newswire) December 22, 2014 – In November, Greene County announced that no-refusal DWI checkpoints will be created throughout the county, allowing police to compel DWI suspects to give blood samples through the use of warrants. As the holidays approach, it is likely that other Missouri counties will follow suit. For New Year’s Eve 2013, St. Louis police declared the whole city a no-refusal zone, and then made the policy permanent throughout the city beginning January 1, 2014. “People really need to understand how the no-refusal policy works and what their rights are, because these tests […]


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Lakeland, FL (Law Firm Newswire) December 11, 2014 – The main goal in dealing with juvenile offenders is always rehabilitation. If the crime committed is too serious for juvenile court, an offender may be tried in adult court. “Every state has a juvenile offender age limit, but it is not the same age everywhere. For example, New York and North Carolina’s age limit is 15 and under, while other states consider anyone under the age of 18 who commits a crime to be a juvenile offender,” outlined Lakeland criminal defense attorney Thomas C. Grajek. The juvenile justice system has broad […]


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CRESTVIEW, FL (Law Firm Newswire) December 8, 2014 – The Cobb Criminal Defense Law Firm is pleased to announce that founding attorney Stephen G. Cobb has been selected as a Top 10 Attorney by the National Academy of Criminal Defense Attorneys (NACDA). NACDA is a professional organization comprised of legal professionals who practice in criminal defense and share the mission to provide their member attorneys with advanced continuing legal educational opportunities in order to ensure that their clients receive the highest quality of legal representation possible. Selected after a thorough vetting NACDA uses an independent and thorough selection process in […]


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Lakeland, FL (Law Firm Newswire) December 4, 2014 – Americans have a constitutional right to bear arms, but owning a gun to commit a crime is another matter. If a firearm is used during the commission of a crime, penalties are increased and there may be no chance for parole. “According to the Constitution, owning a gun in the United States is a right enshrined in the Second Amendment. Most people know this as the right to “keep and bear arms.” But there are restrictions on this right — like requiring a permit to carry a concealed weapon,” explained Thomas […]


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Lakeland, FL (Law Firm Newswire) October 30, 2014 – The consequences for DUI/DWI vary from state to state and if anyone is injured or killed, the penalties escalate. “Make certain you clearly understand the laws in the state where you live, as each state has its own set of laws dealing with DUI/DWI. This is not to say that the actual blood alcohol concentration (BAC) limit is different. It is 0.08 in every state, although there are calls to reduce the level to 0.05,” explained Lakeland criminal defense attorney Thomas C. Grajek. First-time offenders are not necessarily subjected to the […]


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Austin, TX (Law Firm Newswire) October 20, 2014 – A recent federal court ruling in Texas stated that a man arrested numerous times for taking video footage of the police has both the right to file a lawsuit against the force and the right to photograph or film them in the first place. “The ruling could impact drivers arrested for DUI,” said Austin personal injury attorney Brooks Schuelke, who is not involved with the case. “Filming police in public has been a touchy issue for years. This particular case may change how the police handle DUIs.” Law enforcement prefers not […]


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St. Peters, MO, (Law Firm Newswire) October 10, 2014 – A 19-year old man has been charged with driving while intoxicated after he crashed into a school bus. He admitted to officers on the scene that he had taken methadone before driving. The driver, Columbia, Missouri resident Devin Barnes, claims that he takes methadone under a doctor’s prescription as a treatment for heroin abuse. “This arrest raises a host of legal issues,” commented Charlie James, a Missouri DWI lawyer who does not represent Barnes. “Methadone can be taken legally with a prescription, but it is still a controlled substance. In […]


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Flint, MI (Law Firm Newswire) September 25, 2014 – During the Fourth of July period, a crackdown on drunk driving led to 236 arrests for alleged drunk driving, according to officials with the Michigan Office of Highway Safety Planning (OHSP). Law enforcement officers from over 160 sheriff’s offices, Michigan State Police posts and local police departments participated in the crackdown from July 1 to July 13. In total, over 7,800 vehicles were stopped during the two-week period. “Law enforcement officials are more active in apprehending alleged drunk drivers during periods when drunk driving rates are higher, like the Fourth of […]


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St. Peters, MO, (Law Firm Newswire) September 11, 2014 – A jury in Greene County has found a Springfield man guilty of driving while intoxicated, considering his refusals to provide a breath sample to police among the evidence. The accused, Steven Souter, hit another vehicle with his truck at a red light and then refused police requests for field sobriety tests and breath samples. Under Missouri law, a driver’s refusal to provide a blood, breath, saliva or urine sample to the police can be presented to a jury or judge as evidence of intoxication. “The decision to take or to […]


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Lakeland, FL (Law Firm Newswire) August 27, 2014 – There are exceptions to police warrant requirements. In some cases, officers can search a person or his or her personal property without a warrant. “The most common exception allows a vehicle search with probable cause. The main question here is, what kind of facts may lead to probable cause for a search for legal possession of medical cannabis?” said Thomas C. Grajek, a Lakeland criminal defense attorney. “States that have legalized some forms of marijuana possession and/or use are trying to determine when the possession of cannabis triggers probable cause for […]


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Lakeland, FL (Law Firm Newswire) August 20, 2014 – DUIs usually refer to driving while under the influence of alcohol. With marijuara being more commonly used for a variety of reasons, such as medically/recreationally, comes the debut of marijuana DUIs. “As marijuana is sometimes used for medical purposes, there is a huge gap among states as to what defines driving under the influence. Twenty-three states and The District of Columbia are currently struggling to find an answer to that question. Interestingly, an Arizona court may have provided the solution to the question –and not just for Arizona, but across the […]


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Flint, MI (Law Firm Newswire) August 18, 2014 – Scooter taxi services designed to prevent drunk driving have popped up across the country. Scooter taxi services, also known as designated driver services, charge a fee less than double the cost of a taxi ride to pick customers up and drive them home in their own cars. A foldable scooter is stored in the trunk of the client’s car while the chauffeur drives the car to the client’s residence. The chauffeur then leaves on the scooter. “Services like this are a great way to help prevent drunk driving,” said Shaun R. […]


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Flint, MI (Law Firm Newswire) July 30, 2014 – Michigan saw far fewer traffic fatalities during the Fourth of July weekend in 2014 than it did in 2013. Over the 2014 holiday, police engaged in targeted enforcement of laws against drunk driving. This year, there were four traffic deaths in Michigan during the period from 6:00 p.m. July 3 until midnight July 6, according to a statement from Michigan State Police. In 2013, there were 19 traffic fatalities over the holiday weekend, and 40 percent of them involved alcohol. This year’s crackdown on drunk driving involved police agencies in 26 […]


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Flint, MI (Law Firm Newswire) June 25, 2014 – Under legislation recently approved by the Michigan House Appropriations Committee, driver responsibility fees for drunk driving and other offenses would be phased out. Under current law, drivers whose records accumulate seven or more points must pay a driver responsibility fee of not less than $100 for two years.This fee is charged in addition to any fines for the offense itself. Drivers convicted of other offenses, including drunk driving and reckless driving, often have to pay driver responsibility fees of between $500 and $1,000 in addition to their other fines and penalties. […]


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Flint, MI (Law Firm Newswire) June 18, 2014 – Legislation that would increase penalties for driving under the influence of drugs has passed the Michigan House. The proposal would bring drug-related penalties more in line with the penalties for drunk driving. Under the proposed legislation, drivers who refuse or fail a chemical test for driving under the influence of drugs could be subject to confiscation of their driver’s license. Drivers would be given a temporary permit issued pending conviction. Drivers would also receive a conditional bond and have their information added to a database to help law enforcement identify repeat […]


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Flint, MI (Law Firm Newswire) April 30, 2014 – All states define driving with a blood alcohol content (BAC) of 0.08 or above as a crime, but beyond that, drunk driving laws vary from state to state. According to Michigan drunk driving attorney Shaun R. Marks, Michigan’s laws are neither the harshest nor the most lenient in the nation. “Make sure you understand the state of Michigan’s laws and penalties for drunk driving,” says Marks, “and, if you are charged with operating a motor vehicle while intoxicated or with a related offense, seek legal counsel immediately.” State laws vary in […]


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