When most people in New Orleans think about DWIs, an image of a drunk driver immediately comes to mind. Someone who has been partying too much on Bourbon Street at a night club or bar and then makes the unfortunate and dangerous decision to drink and drive. The drunk driver in New Orleans, however, is not the only intoxicated driver who can be arrested for DWI in Louisiana. Another major cause of DWI arrests in Louisiana is individuals under the influence of both illegal and legal drugs. Indeed, the abuse of prescription drugs has increased at an alarming rate. In 2010, the National Institute on Drug Abuse estimated that as many as 7 million Americans (nearly 3% of the country) abuse prescription drugs, with an estimated 5 million abusing painkillers and an estimated 2 million abusing sedatives (note the overlap here – another 1.8 million also abuse stimulants and other drugs, so 1.8 million people are actually abusing more than one kind of prescription drug).

With statistics like these, it’s no surprise that an increasing number of DWI arrests have nothing to do with alcohol and everything to do with painkillers and sedatives. In some places in the country, nearly half of DWIs are related to drugs, not alcohol. Here in Louisiana, it is also becoming a major issue. Recently, a driver crashed is car in Marrero and admitted to Louisiana State Police that he had taken several muscle relaxants before driving. The driver was so intoxicated from the muscle relaxants that he couldn’t even perform the field sobriety test because he was too “sleepy.” Notably, he blew a 0.00% on the breathalyzer. Read more about the arrest here: http://www.nola.com/crime/index.ssf/2012/09/state_police_say_dwi_suspect_w.html.

Driving under the influence of anything – whether alcohol, prescription drugs, or illegal drugs is against the law and, with the recent crackdowns on DWIs, a risky proposition. Not only may you get arrested, but you could also cause serious, deadly harm to yourself and, most importantly, others. If you’ve been arrested for DWI in New Orleans, Metairie, or other areas in southeastern Louisiana, Bloom Legal can help. We are experienced in handling all types of DWIs, whether caused by alcohol, prescription drugs, or otherwise. Call us to day at 504-599-9997.

Drug Possession in Louisiana Carries Long Prison Sentences

Louisiana divides hundreds of controlled dangerous substances (CDS) into five categories referred to as “schedules.” The schedules separate the types of narcotics by the level of probability for abuse relative to the medical value of substance. Schedule I narcotics have the greatest probability of abuse and no medicinal value. The remaining Schedules II through V contain less dangerous drugs that have valued medical properties. Hundreds of controlled substances are classified according the five Schedules in Louisiana statute , which includes the components used to manufacture drugs.

If you or someone is know is charged with drug possession, the name of the controlled substances will be listed under one of the five schedules of the statute.

Louisiana Drug Possession Penalties Are Among Strictest

In Louisiana, possession of any controlled substance without a prescription is illegal, and the penalty will depend on which schedule the controlled substance falls under.

Louisiana’s penalties for drug possession are very stiff, even for drugs that are commonly prescribed by doctors to those that need them. For instance, under Schedules V and IV, which contain less dangerous drugs, the legal penalties include fines up to $5000, up to 5 or 10 years in prison, or both.

The fines and prison time become truly shocking for Schedule I and II drug offenses. For instance possession of 400 grams of a Schedule I drug may incur a fine of $250,000 up to $600,000 and anywhere from 15-30 years in prison.

It is important to remember that these are the penalties merely for possession – even for personal use, without any intent to sell the drugs to others, which would be an even stricter offense.

Illegal Search: A Defense to Drug Possession Charges

With the legal penalties as severe as they are, it is paramount that if you are charged with a drug offense, you mount a strong defense by hiring a competent attorney.

The burden is on the Louisiana prosecutor to prove that you were in possession of the controlled substance. The strongest defense may be to show that evidence was obtained by an unlawful search of your person, home, car, or personal possessions.

If the search in which the drug evidence was discovered was unlawful, then the evidence may not be admitted to the court. Without evidence of drug possession, it will be unlikely that you will be found guilty.

The Fourth Amendment of the Unites States Constitution guarantees everyone the right to be free of unlawful searches and seizures. If the police don’t find the drugs in plain sight, they must have a lawful reason for searching your person or home. It is illegal for police to arbitrarily decide to search a person. Therefore, if the police unlawfully conducted the search, the drugs cannot be used at trial, and the charges are, in most instances, dismissed.

“I don’t know how they got there!”

The prosecution has the burden to prove beyond all reasonable doubt that you were in possession of the controlled substance. If an accused person simply claims that the drugs do not belong to him or her, or that he or she doesn’t know how they turned up in their car, the prosecutors will have the challenge of proving that the controlled substance belongs to the defendant and not another person present in the car.

Defending drug charges requires the skill and savvy of an attorney familiar with the controlled substance law and the constitutional defenses available to defendants. The risk of an exorbitant fine and decades of prison time are simply too great a risk for a person charged with a drug offense in Louisiana not to seek the assistance of an aggressive criminal defense law firm.

Author Bio

Adam Rosenblum of the Rosenblum Law Firm is a criminal defense lawyer in Passaic, New Jersey. Adam had handled many cases dealing with drug possession, intent to sell drugs and selling drugs charges in New Jersey.

Bobby Brown, the ex-husband of Whitney Houston, was arrested for his second DWI in seven months on Wednesday morning at about 1 a.m. The 43 year old entertainer failed a field sobriety test in Tarzana, Californa. Sergeant Pablo Monterrosa told the Daily News that “[Mr. Brown] was pulled over for a traffic violation and based on the officer’s observations, he was arrested and booked for driving under the influence. He failed a combination of the field sobriety test and the breathalyzer. It sounds like he was cooperative.” Mr. Brown was also arrested in March for DUI, when he was pulled over for talking on a cell phone while driving and was found to be under the influence of alcohol. Readers of our blog should know not to drink and drive. If you find yourself arrested for DWI, call us at 504-599-9997. We have experience representing all types of DWI cases, from first time DWIs to second and beyond.

Read more: http://www.nydailynews.com/entertainment/gossip/bobby-brown-arrested-dui-article-1.1191006#ixzz2AEiNPQPQ

Although her blood alcohol limit tested below the legal limit of .08 at .04, Terry Kemp of Bush, Louisiana was booked with her fourth DWI after crashing through some residential streets in Kenner. Around 8 am, Ms. Kemp rammed her silver Toyota Sequoia SUV through a few vehicles and mailboxes in the 2200 block of 43rd street before getting stuck in the front yard three miles away in the 4200 block of St. Ann Drive. In addition to the DWI, Ms. Kemp was charged with two counts of hit and run along with two counts of reckless operation. Find out more about Ms. Kemp here. Don’t drink and drive – it’s dangerous for everyone. If you are arrested for DWI, Bloom Legal is experienced in handling DWI cases, from first times up to fourth times. Call us at 504-599-9997.

Nelly, the rapper famous for hits like “Hot in Here” and “Air Force Ones”, was the latest celebrity finding himself in trouble at the United States Border Patrol checkpoint near Sierra Blanca, Tex. The rapper’s tour bus was searched at the checkpoint, and drug dogs helped the border patrol agents uncover heroin, marijuana, and a loaded gun. One of Nelly’s associates was arrested for possession of the drugs and the firearm. The border patrol checkpoint has become infamous, after stopping other musicians’ tour buses and arresting performers such as Willie Nelson, Snoop Dogg, and Fiona Apple for drug possession. Tour bus companies have warned their drivers to either avoid the checkpoint or alert their riders ahead of time that they should discard any illegal material before entering the checkpoint. Bloom Legal can help with any kind of drug arrest. Call us today 504-599-9997.

Hurricane Isaac’s strong winds and rains caused massive power outages
across Louisiana.  By Friday afternoon, Entergy had restored power to
24,000 customers in New Orleans.  Even still, nearly 138,000 customers
are still without power as a result of Hurricane Isaac.  In Jefferson
Parish, about 143,000 customers are without power.  Lines have been
long at local grocery stores and gas stations as residents of New
Orleans try to cope with the heat and lack of power.  Nola.com has the
following listing of open restaurants:

http://www.nola.com/hurricane/index.ssf/2012/08/hungry_heres_where_you_can_gra.html.

All area Rouses are open as well.

Hurricane Isaac is expected to cause nearly $2 billion in damage. If
you have a claim for damages that occurred to your property or
business as a result of Hurricane Isaac, contact Bloom Legal today for
a free consultation.  We have experience handling all types of
hurricane related litigation, from property damage homeowners claims
to loss of business and business interruption insurance claims.  Call
us before you call the insurance company – 504-599-9997!