NOPD Sobriety Checkpoint for May 24th

NOPD will be conducting a sobriety checkpoint tonight on May 24th, 2013. NOPD did not announced where the checkpoints will be taking place, but they will be conducted between 9pm and 5am.

If you or someone you know ges arrested for a DWI in Louisiana, please give Bloom Legal a call at 504-599-9997 or email us at info@bloomlegal.com.

Photo courtesy of TMZ.com

According to TMZ, Jaqueline Danforth, Barbara Walters daughter, was arrested in Florida on DUI charges. Jaqueline’s trouble with substance abuse in the past has been discussed openly by Walters in her autobiography. Danforth supposedly had cleaned up and was operating a program for wayward teenage girls in the New England area, but was reported the operation had shut down in 2008.

If you have questions about DWI’s or DUI’s in New Orleans or anywhere in Louisiana then please call Bloom Legal at 504-599-9997 or email us at info@bloomlegal.com.

A Ohio family practice physician with an oddly appropriate name for this story – Dr. Unk – was charged with driving under the influence and hitting a cyclist along the road, severely injuring him. While being over twice the legal alcohol limit, Dr. Unk was driving along a highway and struck a cyclist on the side of the road. She was formally charged with 2 counts of driving under the influence (DUI) and one count of felony aggravated vehicular assault.

If you have questions about DWI’s or DUI’s in New Orleans or anywhere in Louisiana then please call Bloom Legal at 504-599-9997 or email us at info@bloomlegal.com.

The members of satirical rock group Spinal Tap may have given up the loud music and the rock-and-roll lifestyle in recent years, New Orleans personal injury attorneys report. Harry Shearer, the band’s bass player, has recently filed a lawsuit against a disc jockey for noise violations stemming from a 2012 incident on a Mardi Gras float. According to his lawsuit, Shearer is pursuing restitution for the loss of hearing and livelihood he has suffered.

In his lawsuit, Shearer describes the incident that lead to his current hearing problems. At the 2012 Mardi Gras parade, Shearer was on the 85-foot-long Bacchawhoppa float, strapped into position directly in front of a loudspeaker. The loudspeaker, which was the property of Rock-it Productions Inc, pumped music at high decibels into Shearer’s left ear for “the duration of the parade, which lasted at least four hours, if not longer.” Shearer claims that he tried to move further away from the loudspeaker, but found himself unable to do so. He also asked the DJ to turn the volume down, or to give him a set of earplugs. The DJ did neither.

A year after the incident, Shearer claims that he still suffers from a “loud, persistent ringing in his ears.” Doctors have diagnosed him with tinnitus and measurable hearing loss in both ears. New Orleans personal injury lawyers report that the rock star’s lawsuit is seeking an unspecified amount of money in damages from Rock-it Productions Inc, the company that employs the DJ, and from two insurance firms to cover his medical expenses as well as his “loss of enjoyment and quality of life.”

In Louisiana, the laws governing negligence and personal injury state that businesses have a duty to take proper care regarding their product, and to protect consumers from harm. In his lawsuit, Shearer claims that Rock-it Productions Inc failed to maintain a safe environment by cranking up the volume on their loudspeakers for such a prolonged period of time.

Attorneys for the DJ and his company have countered Shearer’s claims, saying that the musician could reasonably have suffered hearing loss at any time during his career, including the concerts Spinal Tap performed after making their 1984 mockumentary, This is Spinal Tap. At their shows, the group used Marshall amplifiers cranked up to volume 11 for “that extra push over the cliff.” The defendants have pointed to this and other demonstrations of Spinal Tap’s loud performances as evidence that Shearer’s injuries could be caused by his “participation in various music endeavors.”

The defendants have also argued that Shearer should have expected loud music at the Mardi Gras festival, given that he chose to ride on one of the parade’s floats. But New Orleans personal injury lawyers say that expectation may not outweigh negligence, especially if Shearer tried to remove himself from the harmful circumstances. The musician’s lawsuit makes note of the fact that he suffered substantial losses to his hearing after the parade, not during his career as a bass player.

At New Orleans law firm Bloom Legal, Seth Bloom, a leading personal injury attorney, represents anyone seeking restitution for medical conditions or other lasting injuries that have been caused by negligence.

Sometimes at Bloom Legal we are fortunate to have contributions from other bloggers around the country that are on point with topics that affect us here in New Orleans , Louisiana. If you have any more questions about this then please contact me Seth Bloom. at Bloom Legal.
By Brandon Jaynes, Partner at King Law Offices, Shelby, NC.

You may have heard the phrase that “driving is a privilege and not a right,” and that “privilege” that many of us have to drive is more closely scrutinized today than it was many years ago. In the day and age of computers and freer access to information, together with states cooperating and communicating together with motor vehicle information, having a ticket in one state can spell disaster for your license in another.
If you live in one state but receive a ticket in another state, don’t think that it is something that can be ignored. In many cases, ignoring a ticket, or receiving an entry of responsible (or guilty) on a ticket in one state may end up having your license revoked in another state. For instance, if a North Carolina driver is convicted of a driving while under the influence (DUI) or driving while intoxicated (DWI) in South Carolina,e.g., that information can be (and often is) transmitted back to the North Carolina Department of Motor Vehicles, where the North Carolina laws concerning suspension of licenses trigger.
Of course, it isn’t just limited to DWI or DUI convictions, but in North Carolina you could have your license suspended for certain traffic infractions, as well. Likewise, many other states practice the same sort of reciprocity when it comes to suspension of licenses in their own jurisdictions. One of the primary ways we see out-of-state residents with revoked licenses in their states are through these reciprocity and communication laws.
This is a primary reason why you can’t ignore a ticket in North Carolina. Sitting half a country away may make you feel safe in the knowledge that the North Carolina police can’t come and get you (under most instances), but ignoring a ticket (or taking care of it without an experienced attorney to minimize any damage to your ability to drive) may very well ultimately end up in your own state’s database of information. Then, before you know it, your license is suspended.
Rules concerning traffic infractions are very detailed and specific, and there exist a wide variety of ways to handle a traffic ticket, given the facts and circumstances. Also, specific counties will have their own local rules and practices. It’s completely plausible that you could have five speeding tickets in three years and not see your insurance rates go up. And while it does turn on the facts of each individual case, taking care of your ticket online (or ignoring it completely) will usually ruin any chance or opportunity to save your license, as well as your insurance rates.
All said, driving may be a privilege and not a right; however, it is a privilege that can often be retained if you hire the right attorney.

King Law Offices has five locations to represent clients with DUI and traffic tickets throughout Western North Carolina and Upstate South Carolina.

Sometimes at Bloom Legal we like to add some other bloggers that are on point with some of our local issues. Please enjoy and call or email me Seth Bloom at Bloom Legal if you have any questions.

Penal offenses – Specific Intent can be Inferred from Circumstances and Defendant’s Conduct

By V.A.G. Krishnan, legal writer at the Law Offices of Michael J. Brennan

Criminal intent means that the requisite state of mind to hold a person responsible for a particular crime. Most courts require the prosecution to prove that the defendant had a specific criminal intent to commit the crime to find that the defendant is guilty of the crime. Specific criminal intent is an element in certain offenses. Specific criminal intent can be defined as a state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.

It is the trier of the fact who is required to determine whether the defendant had specific intent to commit the crime. In murder cases, the premeditation, or specific intent to kill, distinguishes murder in the first from murder in the second degree. Proof of this element is essential to conviction of the former offense, and the burden of proving it clearly rests with the prosecution.

In a 1997 case – State v. Lewis, 698 So. 2d 456 – the Court of Appeal of Louisiana, Fifth Circuit affirmed the conviction of the defendant for attempted second degree murder finding that the circumstantial evidence was sufficient to establish that defendant had the specific intent to kill, noting that defendant used a deadly weapon to practically core the victim, and left her to practically bleed to death. In this case, defendant argued that the evidence indicated he was guilty at most of attempted manslaughter. The court inferred the specific intent of the defendant to kill the victim from the extent and severity of the victim’s injuries.

In State v. Pettus, 68 So. 3d 21 (2011), the Court of Appeal of Louisiana, Fifth District affirmed the conviction of the defendant for theft of goods valued at over $300 finding that the defendant had specific intent to steal the merchandise from the store. In this case, the court inferred the specific intent from the conduct of the defendant. Defendant took a belt from Dillard’s store and concealed it under his jacket and proceeded immediately toward the store’s exit. On seeing the Deputy Gorman at the exit door, defendant discarded the belt.

The act of aiming a lethal weapon at the victim and discharging it at the victim is sufficient to infer the specific intent of the defendant to kill the victim. See State v. Gonzalez, 975 So. 2d 3 (2007).

The Court of Appeal of Louisiana, Fourth District vacated the conviction of the defendant in State v. Cooks, 81 So. 3d 932 (2011) finding that there was insufficient evidence to establish specific intention of the defendant to kill the victim. In this case, the defendant was scared because the victim was holding a hand gun. There was insufficient proof that defendant planned, signaled, directed, or otherwise intended for anyone outside to shoot the victim. Furthermore, the co-defendant testified that shooting of the victim was necessary to prevent him from harming defendant and was, thus, justified under La. Rev. Stat. Ann. § 14:22.

Photo courtesy of TMZ.com

In connection with his arrest last month, the legendary Al Michaels, NBC sportscaster, was charged with 2 counts of DUI. Mr. Michaels was arrested by Santa Monica police when he made a U-turn in front of a sobriety checkpoint. These charges could land him with some minor jail time, but since he has no priors, he will probably just serve probation instead.

Here at Bloom Legal we represent people on drunk driving charges all the time. If you have any questions about an arrest or DWI then feel free to call Seth Bloom at Bloom Legal LLC 504-599-9997

Photo courtesy of nytimes.com

The National Transportation Safety Board is proposing to lower the countrywide allowable blood-alcohol content level by a third to .05 percent. Many people think this would decrease the number of alcohol related fatalities that we have in this country, which is about 10,000 per year. They also have other items on the agenda including requiring people with a drunk-driving charge on their record to get a Breathalyzer interlock on their vehicle. The board thinks this, in addition to lowering the level, will curb the number of repeat offenders. Even among the supporters of stricter measures for drunk driving, this proposition faces some opposition including Mothers Against Drunk Driving. They believe in the merits of the other parts of the agenda, but lowering the level to .05 believes that is too extreme for people who are not repeat offenders or heavy drinkers. It seems these studies are inconclusive and can not actually show that lowering the legal BAC level will lower death rates. I think the real question is it acceptable to drive a vehicle with any alcohol in your system? I understood the law to allow people to have some alcohol in their system and operate a vehicle. If the BAC level is lowered any further I would advise clients that they should not even have 1 drink before operating a vehicle. I suggest to clients today that they only drive if they have had 1 possibly 2 drinks out in an evening. Having represented so many DWI/DUI clients I find that most people with any alcohol on their breath end up getting arrested so don’t give them more evidence or just don’t drink and drive. My best advice is don’t drink and drive but lowering the BAC level lower really starts to making drinking and driving totally illegal. If you have any questions or want to discuss this further then contact me, Seth Bloom at Bloom Legal LLC in New Orleans at 504-599-9997 or email me at info@bloomlegal.com.

Photo courtesy of fox8live.com

Things are changing in Louisiana when it comes to DWI prosecution. The state wants to implement a DWI tracking system in three parishes that could potentially stop repeat offenders from pleading for 1st time DWIs in multiple parishes. As of right now, Louisiana allows for someone who has pled guilty for a 1st time DWI to plead again to the same 1st time DWI. Many times a case will note if there have been prior convictions and if they are keeping up to their term obligations (probation, community service, etc) but with the new system, this will be better tracked and prevent someone who has a 1st time DWI from pleading to a multiple 1st Offender DWIs. Even if someone pleads to a second 1st time DWI, the 3rd time can be counted as a felony with jail time. Of the 1,591 DWI cases handled last year, less than 1% actually went to trial; many of these were pled out to lesser charges with probation. As society becomes more modernized and electronic we can expect more consistency with records across county, parish, state and nation level.

I’m Seth Bloom, a criminal defense and DWI/DUI lawyer in New Orleans, Louisiana that will be on top of all these new issues in DWI and DUI law. Call Bloom Legal today at 504-599-9997 or email us at info@bloomlegal.com with any questions.

Photo courtesy of nola.com

A New Orleans man injured two adults and four children in what local police officers report was his second drunk driving incident that night. Earlier in the evening, Jerry Warren, 32, had driven his car through a fence and into a house on Fairfield Avenue. Deputies were already searching for Warren’s gray Isuzu Trooper when he rear-ended another vehicle just moments after crashing into the house. New Orleans DUI/DWI lawyers report that Warren will face charges on both incidents.

Around 8:00 p.m., Warren smashed his car into the side of a house, stopping halfway into the bedroom. No one was injured, but Warren immediately left the scene, without checking on the residents or identifying himself. Following the homeowner’s description of the vehicle, police caught up with the car about ten minutes later, when Warren rear-ended a car occupied by two women and four children. Warren was speeding when he hit the other vehicle.

The victims in the other car suffered minor injuries in the crash. The children, aged 2 to 5, were all properly secured in the back seat. A 5-year-old girl had pain to her neck, back, and legs; the 4-year-old girl had minor head and back injuries, as well as bruises from impact. The 2-year-old twins, secured in car seats, suffered leg and back pain. The unidentified driver received a head injury, and the passenger suffered injuries to her chest and side. Warren had no apparent injuries.

At the second accident scene, Warren fled on foot from his vehicle, but police officers caught up to him a few blocks away. Police reports indicate that he smelled of alcohol, and was unable to perform a field sobriety test. After a urinalysis, his blood alcohol content was later determined to be at 0.317 percent, four times the legal limit of 0.08. Warren admitted to officers that he had been drinking and taking drugs all day, although he did not specify which types of drugs. Officers found an empty bottle of gin in his car.

Warren has a previous arrest record for possession of cocaine, DWI convictions, possession of stolen property, and unauthorized use of a motor vehicle. Officers charged him at the scene of the accident with DWI-second arrest, six counts of first-degree vehicular negligent injuring, hit and run, improper control of a vehicle, driving without a seatbelt, driving without a license, and driving with an open container of alcohol. He has been held at the Jefferson Parish Correctional Center without bail, for violating parole.

New Orleans DWI/DUI lawyers say that the compounded charges Warren will face could lead to a long prison sentence. In Louisiana, drivers who have a previous record of four DUI/DWI charges can be convicted of a felony offense, with a mandatory 75-day jail sentence that could be extended to 30 years. They also face license suspension of up to 2 years, and a possible 40 days of community service.

At Bloom Legal, New Orleans DWI/DUI attorney Seth Bloom offers legal counsel to anyone who has is facing drunk driving charges in Louisiana. Whether a first offense or a compounded charge, Bloom Legal has the resources to represent your case.