Sleeping in Car Leads to DUI/DWI Charge

April 30th, 2013 | Posted in DUI/DWI by Seth Bloom | No Comments »

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Sleeping it off in your car may seem like a smart idea after a night of partying and drinking, but New Orleans DUI/DWI lawyers warn that it may not always be the best choice, especially if you choose to park your car on the side of a road, or even in the road, while you take your nap. Police officers from the Kenner Police Department arrested a Missouri man when they found him sleeping on I-10 last month.

Leronne Triplett, 37, had parked his Ford pickup in the center eastbound lane of the highway on Saturday morning around 2:30 AM. Kenner police officer Arthur Coll was escorting a group of prisoners to Jefferson Parish Correctional Center when he noticed the truck stopped before the exit for Williams Boulevard. When the responding officers approached the truck, they found Triplett asleep inside, with the vehicle in park.

Triplett appeared inebriated when the officers woke him up, and smelled of alcohol. Officers had him perform a field sobriety test, and asked for a breathalyzer sample. Triplett blew a 0.128—the legal limit in Louisiana is 0.08—and could not complete the field sobriety test accurately. He was charged with a DWI and simple obstruction of a highway, and taken to the Jefferson Parish Correctional Center.

Although Triplett was not driving his vehicle when officers arrested him, he will nonetheless face charges for driving under the influence. New Orleans DUI and DWI lawyers say that in Louisiana, along with several other states, a driver can be charged with a DUI/DWI offense if he or she is in a vehicle and has the keys. All that is needed for officers to issue a DUI charge is evidence that the inebriated person had been operating the vehicle. In Triplett’s case, because he was parked in the middle of a lane on the highway, officers could reasonably surmise that he had been driving his truck that night, at least from the place where he had been drinking to that spot on the road.

Because Triplett is from Missouri, he will face the penalties put in place by his home state for a DUI charge. This practice is in accordance with the Interstate Compact Law, which mandates that the arresting state’s Department of Transportation contact the state in which the driver is licensed. However, New Orleans DWI lawyers say that the laws governing suspicion of drinking and driving may differ from state to state, and that contacting a lawyer from the state of arrest may be a wise course of action.

Drunk driving attorneys encourage drivers to recognize when they’ve had enough to drink, and refrain from driving home. But attorneys caution drivers that sleeping in their cars until they’ve sobered up is not a viable option, because by law, they can be charged with drinking and driving, even if the car is not running. New Orleans DUI/DWI attorney Seth Bloom represents drivers who have been caught drinking and driving in the state of Louisiana. If you are facing DUI or DWI charges, contact Seth Bloom at Bloom Legal for a consultation today.

Compounded Charges for Drunk Driver

April 25th, 2013 | Posted in DUI/DWI by Seth Bloom | No Comments »

A Terrytown woman is facing multiple charges after crashing into a parked cop car last month, New Orleans DUI and DWI attorneys report. According to the police, Amanda Davis was driving drunk on a Sunday night when she hit an unidentified patrol car. She left the scene immediately afterwards without stopping to check on either car or driver, but deputies from the Sheriff’s office caught up with her just a few blocks away. After pulling Davis over for a hit-and-run,  police officers determined that the 43-year-old teacher appeared to be intoxicated, and was driving with her two young children in the back seat.

When the officers asked Davis to perform a field sobriety test, she was unable to do so successfully. Additionally, Davis recorded a blood alcohol level of .212. The state’s legal limit is 0.08. Her 7-year-old child was riding without wearing a seatbelt, and her 1-year-old was not in a car seat of any kind. According to state law, toddlers who weigh 20-40 pounds must be secured in a front-facing car seat, and children over the age of six must be buckled in. Authorities also say that Davis threatened the deputy who charged her, “claiming to be a teacher with contacts to people in public school who could harm the deputy’s children.” In a later statement, a spokesperson for the Jefferson Parish Public Schools confirmed that Davis is not a teacher at any district schools.

According to New Orleans DUI and DWI attorneys, the penalties for a first-offense drunk driving charge involve a minimum of 2 days in jail, or 48 hours of community service, a $1,000 fine, and a 90-day period of license suspension (with 6 months suspension for drivers who are underage). The police report did not indicate whether Davis had prior DUI/DWI charges on her record, but her arrest report lists several additional charges from the incident—along with one count of DWI-child endangerment, Davis is charged with hit-and-run driving, improper control of a vehicle, and two counts of failure to properly restrain her children in the car. She was released on a $1,000 bond to prepare for her trial.

New Orleans drunk driving lawyers say that the compounded charges will likely increase the number and severity of penalties that Davis is facing. Under Louisiana law, a driver who is arrested and charged with a DUI/DWI with a child under 12 in the car cannot have his or her sentence suspended, and must serve the minimum sentence for a DUI/DWI charge. For a first offense, the jail time could be up to 10 days. Making menacing statements towards the deputy and his children could cause trouble for her as well, although she was not charged with anything relating to those threats.

DUI and DWI charges can have lasting repercussions, and fighting additional fines and penalties from other charges will require the skills of an experienced drunk driving attorney. If you are charged with a DUI, DWI or child endangerment, contact Seth Bloom at New Orleans law firm Bloom Legal, for a free consultation today.

What To Do: DUI Tickets in Another State

April 24th, 2013 | Posted in DUI/DWI by Seth Bloom | No Comments »

DUI-Roadblocks-and-DUI-Checkpoints-in-Arizona

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 stateís 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. Itís 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. Our firm regularly handles such matters, and if you find yourself in one of the situations described above, I would strongly encourage you to call in for a free consultation today.

By Brandon Jaynes, Partner at King Law Offices, Shelby, NC

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

Orleans Parish School Board Member and Lawyer demands national search for new Superintendent

April 24th, 2013 | Posted in Local Issues by Seth Bloom | No Comments »

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School Board Member Seth Bloom feels that the selection of a new Superintendent to take over the Orleans Parish School Board is the most crucial decision that this new board has to tackle this term. The new superintendent should and will reorganize the administration and be an effective leader to provide excellent governance over the Orleans Parish school system. Mr. Bloom feels that although community involvement is key, a national search firm is the best option to help lead the charge in finding the best candidate to provide citizens the best possible superintendent. Although community input is essential to the process, the selection of a superintendent is a business decision and should be selected by education professionals instead of religious and community activists. Superintendents need to have a unique set of skills in order to take this district to a new reform level. Bringing in a national firm will alleviate any local politics and also ensure an organized and transparent process to select the best person for the job. At the board meeting on April 23rd, many community supporters came out in favor of the national process and the board unanimously agreed to put an RFQ out in order to find a firm suitable to begin the selection proces

Reese Witherspoon’s Husband Arrested for DUI

April 22nd, 2013 | Posted in DUI/DWI by Seth Bloom | No Comments »

Reese Witherspoon and husband, Jim Toth

Reese Witherspoon and husband, Jim Toth

Actress Reese Witherspoon was arrested, along with husband Jim Toth, in Atlanta early Friday morning. Atlanta Police noticed Mr. Toth’s car was not staying in its lane and pulled their car over on suspicion of a DUI. After initiating a field sobriety test for Mr. Toth, Ms. Witherspoon was instructed several times to stay in the vehicle. After disobeying police orders several times, she was arrested for disorderly conduct while her husband was arrested for a DUI. According to Atlanta police, Reese Witherspoon’s husband displayed droopy and bloodshot eyes while smelling heavily of alcohol, which led to the field sobriety test. She issued an apology early Sunday urging that she had acted out of character and her respect for all police officers.

If you or someone you know gets arrested for a DUI/DWI, Disorderly Conduct, or other charges, give Bloom Legal at call at 504-599-9997 or send us an email at info@bloomlegal.com

New Ban on Social Media Use While Driving

April 22nd, 2013 | Posted in DUI/DWI, Local Issues by Seth Bloom | No Comments »

Texting and driving has been a major concern for law enforcement officials and legislators in the last several years, as more and more teens hit the road with their cell phones in tow. But now, according to New Orleans criminal lawyers, law makers have turned to a new form of distracted driving—using social media while driving.

Last month, the Louisiana Senate Transportation, Highways and Public Works Committee approved a bill that seeks to fine drivers who are caught using their cellphones to update statuses on Facebook, tweet messages to their friends, or capture the road on social picture sharing site Instagram. Senate Bill 147 was drafted by Senator Dale Erdey. Its enactment will close a loophole in previous laws that ban drivers only from texting while driving. Police have seen an increase in drivers using social media—in several cases, an officer pulled over a driver for texting only to discover that he or she was using Facebook instead.

New Orleans DUI and DWI lawyers say that distracted driving is just as dangerous as driving under the influence—in both cases, a driver’s vision is compromised, and his attention is divided between the road and his reading material. Answering a text or responding to a tweet causes the same loss of focus that alcohol does for a driver on the road. In the bill, Erdey cited a statistic showing that a driver reading a text takes his eyes away from the road for an average of 5 seconds, and argued that posting on Facebook or Twitter would distract the driver for an even longer span of time.

But while law enforcement officials have several resources at their disposal to determine how much a distracted driver has had to drink—field sobriety tests and breathalyzers, police may have a harder time definitively proving that a driver is using a social networking site immediately before being pulled over. Because the bill is aimed at limiting only the use of social media, the use of other internet sites is not included in the ban. The exact language of the bill designates the banned sites as “any web-based service that allows [drivers] to construct a profile within a bounded systems, articulate a list of other users with whom they share a connection, and communicate with others members of the site.”

Bill 147 outlines the fines for using social media as the same as those for texting while driving – $175 for a first offense, and $500 for any other offense. These fines were first introduced for texting in 2008, when Louisiana state passed a law making texting a “primary offense,” and allowed police officers to pull drivers over if they suspected drivers of texting.

Criminal attorney Seth Bloom at New Orleans law firm Bloom Legal hopes that limiting driving distractions on the road will cut back on accidents and dangerous driving. But the new bill also emphasizes a need for police officers to prove the use of social media sites while driving. If you have been fined for distracted driving, be sure that you know the law, so that you can avoid future fines and penalties. Contact an experienced criminal attorney at Bloom Legal today.

House Debates Bill on Marijuana Laws

April 19th, 2013 | Posted in Drugs by Seth Bloom | No Comments »

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Photo courtesy of the Denver Post

The Louisiana House of Representatives is set to vote on a new bill that is trying to scale back on the penalties for possessing marijuana. House Bill 103, which is sponsored by Democratic representative Austin Badon, seeks to lessen penalties for second- and third-offense users as well. If the bill is passed, New Orleans criminal lawyers say that drug users may have a better chance of rehabilitation instead of incarceration.

Under the state’s current “three strikes” law, also known as the habitual offender law, if a Louisiana resident has a previous record of three felony charges, and is caught with marijuana in his or her possession, a mandatory sentence of 20 or more years in prison is imposed. This law was brought into the public spotlight with the 2011 conviction of Patrick Carney, who was sentenced to 30 years of jail time after he was caught selling $25 of marijuana.

Bill 103 intends to make the possession of natural or synthetic cannabis a municipal offense, much like a provision passed in 2010 by the New Orleans City Council. With this provision in place, police can issue a fine for possession instead of placing the individual under arrest. According to New Orleans criminal lawyers, this change at the City Council level has the potential to reduce the number of marijuana possession cases in courts, as well as the number of inmates who need to be housed in county jails, over time. The change was put into effect in January of 2011.

The House bill reflects the Council’s possession, and seeks to bring down the mandatory minimums for possession sentencing. Under current law, a first conviction for possession includes a $500 maximum fine, a six-month sentence, or both. A second conviction carries a fine of $250 to $2,000, a five year sentence, and enrollment in a substance abuse program. A third conviction increases the fine to $5,000, and the jail time to a maximum of 20 years. Any convictions for possession following the third fall under the Habitual Offender Law, and the state mandates that these convicts spend more than twenty years in prison.

If passed, Bill 103 would reduce the sentence maximums for a second and third conviction—for the second offense, Louisiana residents who possess the drug would face fines up to $500, and a one year jail sentence, or both. New Orleans criminal lawyers report that the bill repeals the requirement that offenders complete a substance abuse program as part of their sentence. The third conviction would carry fines of $2,000 or two years in prison. Notably, fourth-time offenders would be sentenced to a five-year jail term, or fined up to $2,000, or both. The bill eliminates the state maximum of twenty years for multiple offenses.

Bill 103 has received some pushback from those who disagree with the inclusion of synthetic cannabinoids, because they are a labeled as Schedule 1 drugs in Louisiana. But criminal attorneys in New Orleans say that if the bill is passed, former convicts who are in possession of marijuana could have a better chance at starting over, without the threat of spending two decades behind bars for what is known in the City Council as a municipal offense.

At Bloom Legal, New Orleans criminal attorney Seth Bloom represents anyone charged with a crime, including repeat drug offenders.

Jefferson Parish on the West Bank Sobriety Checkpoint April 19th

April 19th, 2013 | Posted in DUI/DWI by Seth Bloom | No Comments »

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Picture courtesy of nola.com

Jefferson Parish SHeriff’s Office will be conducting a sobriety checkpoint tonight, April 19th, at an undisclosed location on the West Bank from 7:00pm until 1:00am.

If you or someone you know gets arrested for drunk driving, please give us a call at 504-599-9997 or send us an email at info@bloomlegal.com.

Kevin Hart Admits Being Drunk to TMZ After Arrest

April 16th, 2013 | Posted in Celebrity Justice, DUI/DWI by Seth Bloom | No Comments »

Photo courtesy of tmz.com

Photo courtesy of tmz.com


Comedian Kevin Hart was arrested Sunday morning after nearly crashing his Mercedes on a California freeway. According to reports, he was driving erratically, speeding, and almost crashed into a gas tanker when he was pulled over by the California State Police. He failed the field sobriety tests and was taken to jail where he quickly posted the $5K bond. Upon leaving the jail, Mr. Hart admitted to being drunk to TMZ video crews.

If you or someone you know gets pulled over and is charged with a DWI, please contact Bloom Legal at 504-599-9997 or email us at info@bloomlegal.com.

French Quarter Festival Kicks Off!

April 11th, 2013 | Posted in DUI/DWI, Local Issues by Seth Bloom | No Comments »

Picture courtesy of nola.com

Photo courtesy of nola.com


French Quarter Festival kicked off this morning despite a tornado warning and downpour in the early afternoon. The festival has grown over the years and now consumes the entirety of the French Quarter with tourists and locals alike gathering to hear New Orleans’ music staples and taste the delectables from the never ending food booths. French Quarter Fest is a 4-day celebration of the music, food, and culture of New Orleans that has gained more national fame since its inception in 1984. With the additions of new music spaces and growing food booths, the French Quarter will be packed to the brim with tourists, bicycles, pedicabs, carriages, and more. Since the festival plants itself in the heart of the Quarter, many restaurants and bars in the area offer specials and even have their own booths serving signature cocktails and tapas plates.

Here’s a few good things to keep in mind during festival season in New Orleans:

1. Know your surroundings. Although the music ends at 6:45pm, if you plan on being out during the evening, be sure to walk in groups and stay on well-lit streets.

2. Be sure to keep sunblock and water handy. Drinking alcohol makes you dehydrated, especially during hot days. Be sure to keep a water bottle on you at all times.

If you find yourself arrested during these upcoming festival times, please contact us at 504-599-9997 or email us at info@bloomlegal.com.

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