Kenner Taking Part in “Drive Sober or Get Pulled Over” DWI Crackdown for Labor Day

August 26th, 2014 | Posted in DUI/DWI, Local Issues by Seth Bloom | No Comments »

Photo courtesy of www.nola.com

Photo courtesy of www.nola.com

Kenner is officially joining other law enforcement agencies in the state-wide “Drive Sober or Get Pulled Over” campaign to curb DWIs during the 3-day weekend.

Labor Day is considered the official end of summer holiday, usually celebrated with BBQs, long weekend road trips, and now, a heightened DWI crackdown in Louisiana.

The long holiday weekend tends to be a time when drunk driving accidents occur more frequently. Louisiana has instituted a “Drive Sober or Get Pulled Over” campaign, which Kenner will now all be a part of.

Please always use a designated driver. However, if you do get arrested for a DWI over the long weekend, please give Bloom Legal a call at 504-599-9997 or email us at info@bloomlegal.com. We specialize in DWIs in the Greater New Orleans area and can represent you!

Doubletree Hotel Parking Management Services, Inc. Personal Injury Lawsuit Filed

August 18th, 2014 | Posted in Personal Injury by Seth Bloom | No Comments »

Photo courtesy of www.expedia.com

Photo courtesy of www.expedia.com

A lawsuit has been filed against Parking Management Services Inc. after a woman was injured while picking up her vehicle from valet parking. Bridget Salela filed the suit for a 2013 injury which she claims caused her severe damages. The incident occurred at the parking lot of the New Orleans’ Doubletree hotel.
Salela was retrieving her vehicle from valet when she reports she warned the attendant to refrain from opening her trunk. She then claims that the attendant did not heed her persistent warnings and a spare car battery stored in her trunk slammed onto her foot as a result.

Salela reports that the company’s negligence caused serious injury. The plaintiff has accused the company of several things including failing to properly train employees and failure to take reasonable actions to prevent objects from falling from the vehicle. As of now, the victim is seeking compensation for the permanent injuries she sustained. She is suing for suffering, medical bills, permanent disability, disfigurement, mental anguish and emotional distress.

When a person sustains an injury, lives can be changed in the blink of an eye. Irreversible damages can result after injuries are sustained. Often times, legal needs can be lost during the time of an injury, as everyone’s time and energy is consumed with making sure the injured party is taken care of medically. Although the well being of the victim is priority, this can cause problems getting the money necessary for fair compensation.

Personal injury claims can only be filed a set amount of time after an accident. It is important to hire an attorney who is well versed in personal injury proceedings. Attorneys can often times take the proper steps to get victims the compensation they rightfully deserve.

An attorney can help build your case and come up with reasonable compensation for injuries. In Louisiana, personal injury victims are entitled to money for medical expenses, lost wages, and future lost earnings. Additionally, pain and suffering compensation may be available to the injured party. The family of the victim may also be entitled to damages for losses. If a party’s intentional bad conduct caused injuries, then the victim can be awarded compensatory in any amount a jury sees fit.

Personal injury cases can be a nightmare for a victim who needs help. Bloom Legal can help you through the process of getting the money you deserve. We are well equipped to settle your claim outside of court, or take it to trial to get fair compensation. We know how to deal with the insurance companies who often times find ways to pay victims less than they deserve.

If you or someone you know has been injured after a personal injury call Bloom Legal at 504-599-9997 or email us at info@bloomlegal.com for a free consultation. We can help advise you on the best course of action to ensure you get the compensation you deserve.

Louisiana Cracking Down on DWIs through Labor Day Weekend

August 15th, 2014 | Posted in Courts, DUI/DWI, Local Issues by Seth Bloom | No Comments »

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Law enforcement agencies across Louisiana will be cracking down on DWIs as part of its “Drive Sober or Get Pulled Over” campaign, which provides increased money and patrols to combat DWIs. Alcohol is a factor in about 40% of Louisiana crash fatalities, and Labor Day wekend, in particular, seems to be a deadly one.

The Louisiana legislature has enacted several new laws, effective August 1st, aimed to strengthen penalties for drunk drivers as listed on www.nola.com. Below are several changes to the current laws:

1. Drunk drivers will lose their driving priviledges upon arrest and conviction and will not get them back until the terms of the conviction have been dealt with. Previously, drivers could get a temporary license while serving probation.

2. Refusals for chemical texts will be treated as a 2nd offense for driving suspension purposes if done within 10 years of a previous offense.

3. Vehicular homicide is treated as a violent crime if the BAC (Blood Alcohol Content) is above a .20 percentage.

If you or someone you know is arrested for a DWI in the Greater New Orleans area, give Bloom Legal a call at 504-599-9997 or email us at info@bloomlegal.com for a free consultation.

Judge Jackson Lambasts New Domestic Violence Law

August 15th, 2014 | Posted in Courts, Criminal Defense, Local Issues by Seth Bloom | No Comments »

Photo courtesy of www.joeylehrman.net

Photo courtesy of www.joeylehrman.net

Judge Bonnie Jackson of the 19th Judicial District Court in Baton Rouge stated in court that a new domestic violence law, referred to as “Gwen’s Law”, needs to be challenged. The new law differs from the old in that it institutes a “cooling-off period”, meaning the defendant will spend at least 5 days before a bail hearing can be set. At this hearing the judge reviews the case and can provide stricter bail requirements or deny bail entirely if the defendant’s holds an immediate threat to the alleged victim.

In most cases, bail is set based on criminal history and the current criminal charges faced by a defendant. “Gwen’s Law” for domestic violence cases, which went into effect August 1st, required a full hearing complete with witnesses and arguments by the defense, in addition to having the initial report turned over to the prosecutor by the arresting agency.

In many cases, this is where the problem lies, as many public defenders’ offices do not have the personnel to provide attorneys for such extensive hearings in such a short period of time. Often the completed initial report by the arresting agency is not available for the bail hearing, and many foresee this will be a problem with the new law, meaning the bail hearings will have to be reset for later dates, resulting in longer time spent in jail following an arrest.

Mike Mitchell, the chief public defender for East Baton Rouge Parish, expressed concerns that his already short-staffed office would have issues with providing lawyers for these defendants. Mitchell said, “I think the (new) statue is fraught with due process and equal protection problems.”

The law is nicknamed “Gwen’s Law” after Gwen Salley of DeSoto Parish, who was murdered by her husband while out on bail for a domestic abuse charge. Louisiana ranks second in the nation for homicides linked to domestic abuse violence.

If you or someone you know is arrested for domestic violence in the Greater New Orleans area, please give Bloom Legal a call at 504-599-9997 or email us at info@bloomlegal.com for a free consultation.

Dominic Graham, former Louisiana College Linebacker, Arrested for Burglary

August 11th, 2014 | Posted in Criminal Defense by Seth Bloom | No Comments »

Photo courtesy of www.lcwildcats.net/

Photo courtesy of www.lcwildcats.net/

Pineville Police Department reports that Dominic Graham, former linebacker for Louisiana College, has been arrested and charged with five counts of simple burglary, which occurred on campus. Graham was placed in custody following his arrest in late May.

Police received a tip from a security officer who noticed an unattended vehicle with an open trunk. According to security, the assailant ran to his car and fled before security had the opportunity to reach the man. Security was able to turn over a photograph of the man’s license plate, leading to Graham.

It was soon discovered that the man had burglarized a campus building. Among the missing merchandise were keyboards, mouse controllers, and computers. Sgt. Kimberly Mixon reports that Graham was responsible for several other on-campus burglaries committed last March.

In Louisiana, a person can be charged with burglary if they unlawfully enter a structure with intent to commit a crime. Burglary should not be confused with robbery, which is the use of fear or intimidation to take another’s property. Several types of burglary exist in Louisiana such as residential, commercial, vehicle, vessel, or cargo and many factors can affect the sentencing.

Due to the nature of burglary offenses, false accusations are common. Often there are no witnesses to the crime, which leads to a degree of uncertainty. A mistake in identity often leads to a false arrest.

If you or someone you know has been accused of a burglary, Bloom Legal can help. We are dedicated to protecting our client’s rights and interests. Call 504-599-9997 or email us at info@bloomlegal.com today for a free legal consultation.

Miami Heat Player, Greg Oden, Arrested for Battery of Ex-Girlfriend

August 7th, 2014 | Posted in Celebrity Justice, Criminal Defense by Seth Bloom | No Comments »

Photo courtesy of Lawrence Police Deptatment

Photo courtesy of Lawrence Police Deptatment

Greg Oden, a player for the Miami Heat, was arrested early this morning for the battery of his ex-girlfriend. Police arrived to find the victim covering her face and uncooperative with the officers. A woman, described as the victim’s friend, explained to police that her ex-boyfriend, Greg Oden, punched her in the face. The victim was shown to have lacerations on her face and a bloody nose. Officers witnessed blood in various parts of the home, which is owned by Greg Oden’s mother.

Oden was quiet and cooperated with police when arrested. It was reported that the two had dated for two years, but broken up prior to the altercation. The hearing for the charge of battery is set today, and a 72-hour continuance could be placed before deciding on to file any charges.

If you or someone you know is arrested for battery in the Greater New Orleans area, please give our office a call at 504-599-9997 or email us info@bloomlegal.com to set up a free consultation.

NOPD Officer Arrested for DWI on Causeway, Suspended Without Pay

August 6th, 2014 | Posted in DUI/DWI, Local Issues, NOPD by Seth Bloom | No Comments »

gt_nopd_car_570x400

An NOPD officer was arrested Saturday evening and placed on immediate suspension for DWI. The vehicle was seen driving erratically on the Causeway when police pulled over 26-year-old David Aranda, a 1st District police officer. The officers smelled alcohol on his breath and administered the field sobriety test, which Aranda failed.

Aranda was suspended immediately without pay. This is the second NOPD officer in the last few months that has been arrested for driving while intoxicated.

If you or someone you know is arrested for a DWI in the Greater New Orleans area, please give Bloom Legal a call for a free consultation at 504-599-9997. You can also contact us via email at info@bloomlegal.com.

Disney Star, Billy Unger, Arrested for Underage DUI in California

August 4th, 2014 | Posted in Celebrity Justice, DUI/DWI by Seth Bloom | No Comments »

Photo courtesy of www.tmz.com

Photo courtesy of www.tmz.com

A Disney television star has recently been arrested for driving under the influence in California. Billy Unger, from Disney’s Lab Rats, was stopped by law enforcement officers while cruising along the Pacific Coast Highway. Police report that Unger, 18, was stopped for speeding.

Unger was taken into custody once it became apparent that he had been under the influence of alcohol. He was released shortly after the arrest took place. Unger’s blood alcohol content was the legal limit, .08, but that limit does not apply to those who are underage. In California, underage drivers are subject to a zero tolerance for drinking while driving.

Louisiana law differs from California. In Louisiana, minors under the age of 21 are not allowed to operate a vehicle when they have a BAC of .02 or above. Minors who break these laws are subject to different punishments than adults convicted of DWI.

For underage drivers, a first DWI arrest can carry some penalties. Fines include $100 – $250 and the driver must complete a substance abuse program in addition to a driver improvement program. If an underage party is convicted of a subsequent DWI fines can increase to $150 – $500. In addition, the minor could be looking at jail time of 10 days to three months.

The sentence can be suspended if the offender serves at least two days in jail and participates in substance abuse program as well as a driver improvement program. Complete suspension of jail time may also be obtained if the guilty party agrees to 80 hours of community service.

If you or your child has been arrested for an underage DWI, call Bloom Legal today. We fight for our clients to ensure that their rights are protected. Call 504-599-9997 or email us info@bloomlegal.com to schedule a free legal consultation with one of our attorneys.

Thibodaux Police Report Man Arrested for 4th DWI, Other Charges

July 28th, 2014 | Posted in Criminal Defense, DUI/DWI by Seth Bloom | No Comments »

Photo courtesy of  www.wwltv.com

Photo courtesy of www.wwltv.com

Thibodaux Police report that a Houma man has recently been arrested for his fourth DWI. Brady Coleman visited his ex-girlfriend’s home around 10:30 PM after already being asked to leave once because he was drunk. During his subsequent visit, Coleman asked if he could come inside, but the woman declined.

After the woman told him he was not allowed inside, he broke into the home. Once inside, Coleman drank a beer and then took the victim’s dog. Coleman was ready to flee the scene in his car when he noticed authorities arriving on the premises. He quickly fled on foot to the back of the home and hid. He was promptly discovered and arrested.

Coleman now faces several charges including unauthorized entry of an inhabited dwelling, DWI, remaining after being forbidden, and three counts of resisting an officer. Police report that the offender’s BAC was twice the legal limit at the time of the arrest.
DWIs can carry some serious penalties. However, those penalties become even less forgiving when a repeat offender is being sentenced. In Louisiana, the repercussions for a fourth DWI range from 10 to 30 years of incarceration. This crime carries a 2 year minimum without the possibility of parole.

Any jail time beyond the two year minimum can be suspended if the offender is placed on probation for the remainder of the sentence and agrees to community service. In addition, the offender must agree to an evaluation of their substance abuse problems and follow through with any court ordered treatment plan. Although the offender can be released from incarceration, they must serve one year or more of house arrest. During this time they will also have a curfew and home visits from a probation officer. They also must become employed and complete a driver improvement program.

Although incarceration is a large punishment in itself, additional punishments can also apply. If an offender agreed to a BAC test, Louisiana drivers face a one year license suspension after a fourth DWI. This increases to four years if BAC is over .20 percent. Sometimes it is possible for offenders to receive a restricted license if they have an ignition interlock device installed in their vehicle.

Fines can also be expected. Roughly $5,000 in fines can be expected from a fourth DWI arrest. These fines do not include court costs or cost of council. It may also be possible for the state to sell your vehicle at auction to pay for court costs and fines.

If you or someone you know has been arrested after a DWI call Bloom Legal today. We can help advise you on the best course of action. Whether you are a repeat offender, or first time offender, Bloom Legal can help protect your rights. Call 504-599-9997 or email us at info@bloomlegal.com to set up a legal consultation today.

Texas Man Arrested for Negligent Homicide, DWI, Hit and Run

July 25th, 2014 | Posted in DUI/DWI, Personal Injury by Seth Bloom | 1 Comment »

Photo courtesy of www.nola.com

Photo courtesy of www.nola.com

A recent auto accident caused by Joseph Hicks outside of Empire, Louisiana left Davy Bowers, 19, dead. Hicks reportedly crossed the median on LA 23 and struck Bowers’ truck. A third car could not stop in time and rear ended Bowers’ truck.

The accident, claiming one life, occurred around 3 o’clock in the morning. Although it is Louisiana law that members involved in an automobile accident must stop to exchange information, Hicks fled the scene.

Police swiftly found Hicks and took him into custody. Hicks was charged with DWI, hit and run, negligent homicide, traveling the wrong way, no seat belt, and an expired driver’s license. Toxicology screening of the deceased is underway as a routine regulation and police are waiting on test results from Hicks’ blood.

Hicks was charged with a DWI which means he is susceptible to both civil and criminal liability. The drunk driver can be expected to pay for compensatory damages, resulting from injuries and lost wages, as well as punitive damages, which are assessed to deter others from driving drunk.

In Louisiana, negligent homicide can carry serious penalties. Negligent homicide occurs when careless actions cause a death. Hicks was charged with negligent homicide because the act that caused the death, driving drunk, broke a law. Hit and run charges occur when a party fails to stop after an accident that caused property damage or death. Hit and runs can be a nightmare for the victim. In order to seek retribution for damages, the victim will often have to prove the identity of the driver. If identity cannot be proven, drivers will often have to seek compensation from their own insurance agency.

An attorney can help establish the identity of a hit and run driver using evidence and police reports taken during the time of the accident. If no identity can be established, an attorney can also help file an uninsured motorist claim. Due to the way insurance agencies operate, victims can often get swindled out of fair compensation. However, an attorney can help you get a settlement you deserve.

If you or someone you know has been involved in a car accident involving a drunk driver, call Bloom Legal today. We will help you weigh your options and establish the best course of action given your circumstances. Call 504-599-9997 to schedule a legal consultation with one of our attorneys.

Available 24/7. Call 1-877-NOLATIX for immediate help.