Posts Tagged ‘Arrests’

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Big News! On September 1, a big change in the Louisiana DWI law went into effect. From the Times-Pic:

September 8th, 2009 | Posted in DUI/DWI, Legislation, Local Issues, Traffic by bloom | No Comments »

House Bill 445 by Rep. Damon Baldone, D-Houma, went into effect at midnight, doubling from six months to a year the length of time drivers can lose their license for refusing a first-time test. Subsequent refusals within five years of the first could mean a two-year suspension, up from the 18 months the old law provided.
This is an important change to the law. If you are pulled over for suspicion of drunk driving, you have the right to refuse a breathalyzer test. To refuse this test is not a crime. However, before this law went into effect, you would only receive a six-month penalty for refusing the test. Now, that penalty goes up to a year. Note that you still have the right to refuse the breathalyzer, and that refusing the test gives you more leverage against prosecutors as you and your attorney negotiate your case. If you take a breathalyzer test when you’re pulled over, prosecutors have that solid piece of evidence to use to convict you of DWI. If they don’t have any results from a breathalyzer test, you have more leverage to negotiate for a lesser charge. But since this new law has gone into effect, the immediate penalties for refusing a breathalyzer test in Louisiana have become more severe. While refusing the test gives you a better chance to avoid that Louisiana felony DWI conviction, it will also mean that you will have to go for a full year without your driver’s license, so you have to weigh the pros and cons of each option. It’s important to note that if you choose to refuse the breathalyzer test, losing your license, you may be able to apply for a “hardship license” that will allow you to drive to certain places, like work or religious services. You will only get the hardship license, however, if you install an ignition interlock device that you have to blow into to confirm that your BAC is 0%. Whether you refused to take the breathalyzer test or agreed to blow, if you have been arrested for DWI in Louisiana it’s crucial that you retain a DWI lawyer as soon as possible. At Bloom Legal, we have one of New Orleans’ top certified DWI lawyers here to help you. As always, if you need a talented, committed DWI Louisiana lawyer, call us today at 504.599.9997.

Arrested in New Orleans:Holiday Trouble.

January 4th, 2009 | Posted in Local Issues, NOPD by bloom | No Comments »

Arrested or given a citation in New Orleans over the holidays? During the New Year’s and Sugar Bowl seasons many partiers found themselves in Orleans Parish Prison with court dates in Orleans Parish Municipal or Orleans Parish Traffic Court. More serious felony and drug crimes are handled at Orleans Parish Criminal District Court. If you have a court date or need legal assistance then get a lawyer or attorney that can help. If you were arrested or mistreated by the New Orleans Police Department then get a lawyer today. Bloom Legal deals with all the typical arrests like public drunkenness, disturbing the peace, drug crimes and DWI. Bloom Legal LLC is a full service law firm that can help with holiday legal problems. Many Sugar Bowl and New Years partiers were arrested on Bourbon Street in downtown New Orleans. Let Bloom Legal take the worry out of your legal issue. Bloom Legal can assist you in getting your life back on track and in some cases can handle your court dates without you having to return to New Orleans. Don’t let an arrest or legal issue ruin your 2009. Call Bloom Legal today!!! Arrested or given a citation in New Orleans over the holidays? During the New Year’s and Sugar Bowl seasons many partiers found themselves in Orleans Parish Prison with court dates in Orleans Parish Municipal or Orleans Parish Traffic Court. More serious felony and drug crimes are handled at Orleans Parish Criminal District Court. If you have a court date or need legal assistance then get a lawyer or attorney that can help. If you were arrested or mistreated by the New Orleans Police Department then get a lawyer today. Bloom Legal deals with all the typical arrests like public drunkenness, disturbing the peace, drug crimes and DWI. Bloom Legal LLC is a full service law firm that can help with holiday legal problems. Many Sugar Bowl and New Years partiers were arrested on Bourbon Street in downtown New Orleans. Let Bloom Legal take the worry out of your legal issue. Bloom Legal can assist you in getting your life back on track and in some cases can handle your court dates without you having to return to New Orleans. Don’t let an arrest or legal issue ruin your 2009. Call Bloom Legal today!!!

Driving Drunk Can Mean More Than Just a DUI Charge

May 21st, 2008 | Posted in Courts, DUI/DWI, Local Issues, Traffic by bloom | No Comments »

For most folk, when you think about drunk driving the worst case scenario is seeing those flashing red lights behind you, and knowing that you’re about to be taken down to jail with your license being at risk, your money being taken in fines, and maybe even some jail time or community service.  All very bad news, of course.

But it might not stop there.  If you hurt someone when you are operating a motor vehicle with a blood alcohol content that’s over the state’s legal limit, then you’re facing criminal charges for that harm, as well.

Take the case of Darren Yax.  Darren was giving Heather Habisreitinger a ride on the back of his Kawasaki motorcycle last December – about a week before Christmas – when he crashed into a vehicle that was stopped at an intersection.  Heather went flying, and died as a result of the traffic accident. 

Darren’s BAC was tested at .10, over the legal limit.

Yesterday, the grand jury indicted Darren Yax for vehicular homicide in the death of  Heather Habisreitinger, and he’s facing a minimum of 5 years (maximum of 30) incarceration if convicted.  

Did Mayor of Mandeville Get Special Treatment on DUI?

May 7th, 2008 | Posted in DUI/DWI, Local Issues, NOPD by bloom | No Comments »

Today’s Times-Picayune has a nice, big story about Mandeville Mayor Eddie Price driving his SUV (a Ford Expedition owned by the city, by the way) into a toll booth barrier a little before midnight on April 22nd — Price then drove about three more miles down the Lake Pontchartrain Causeway before the police pulled him over.  One more thing: he was driving with his headlights off. 

And, according to the newspaper account, what happened then? 

No citation, no field sobriety test, no checking the inside of the vehicle.  Price apparently told the two officers that he’d just had a “couple of drinks,” they didn’t see him weaving around or slurring his words, so they let him go  – although they wouldn’t let him drive, they made him call a relative to come and get him. 

By now, the s*%^ has hit the fan — there’s an internal investigation at the department, Price has been ticketed (for careless operation of a motor vehicle) and the Times-Picaynue is all over this story like a duck on a junebug.   

This story should sounds like something worth watching … and an interesting comparison to make for those not in the public eye, pulled over along that same stretch of road – if they say they’ve only had a couple of drinks, and they don’t obviously weave or slur their words, should they get to call home for a driver without any field sobriety testing, too?  Sure sounds like an argument to be made ….

For more information:

BloomLegal Talks About Field Sobriety Tests

BloomLegal Talks About Terry Stops – When Cops Can Search Your Car

BloomLegal Talks About DUIs in Louisiana – Being Pulled Over, DUI on Your Record

Covington Tragedy – Victim Not Wearing SeatBelt

April 30th, 2008 | Posted in Personal Injury, Traffic by bloom | No Comments »

Janice Gould died on the scene of a car crash yesterday, after her husband had some kind of medical event that precipitated his driving their SUV into an oncoming lane of IH12 where Janice’s side was hit by an oncoming Ford F-150.  The other two crash victims sustained only minor injuries.   

Janice wasn’t wearing a seatbelt.   

It’s true that the section of IH12 where this tragedy occurred is notorious for crossover crashes, and something needs to be done about this.

It’s also true that everyone traveling in a motor vehicle in the state of Louisiana is legally required to wear a seat belt.  

We’ll never know how Janice would be today if she’d been wearing her seatbelt — but from a legal standpoint, by not wearing one she was technically in violation of the law (even if she had just taken it off to help her husband, which we can guess but don’t know) and this single fact could be used in any resulting insurance claims or wrongful death lawsuits to suggest that she was the cause, in all or in part, of her own injuries.   Sad but true. 

And, as cold and callous as it may sound, insurance companies assert defenses like failure to wear a seatbelt all the time to limit or nullify the payment of claims out of insurance policy coverage. 

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LA House Bans Using CellPhones In Cars

April 23rd, 2008 | Posted in Legislation, Local Issues, Traffic by bloom | 1 Comment »

800px-celular_samsung.jpgThis week, a bill was passed in the Louisiana House of Representatives that bans talking on handheld cellphones (and text messaging) when you’re driving.  This isn’t law yet — it still has to meet with Senate approval.

Expert testimony from the Highway Safety Commission estimated that 2,282 car accidents with 10 fatalities were caused by wireless communications devices in 2006.  And, the proposed law’s author (Rep. Austin Badon from New Orleans) says it’s not that big a deal – for $9 you can get a gizmo that converts the handheld cellphone to hands-free in your car.

The law is controversial – and advocates for and against are rallying their followers to contact their state senators and let their opinions be heard.

What do the scientists report?  Well, studies have found drivers talking on cellphones up to 10 minutes before a car crash were 4 times more likely to be in an accident.  However, these numbers don’t change from using an handheld or a handsfree cellphone — according to the statistics, talking on the phone while driving ups the likelihood that you’ll be involved in a car accident fourfold — so does this proposal really solve the problem?  Shouldn’t the law ban talking on cellphones while driving, regardless of handheld or handsfree?

And, what do all this statistics and legislative arguments mean to a car accident victim?  Well, if you’ve got an attorney doing his homework, he might subpoena the cellphone records of the drivers, check their chattime for the 10 minutes prior to the car crash, and argue that this impacts the proximate cause — i.e., who is legally responsible for the accident and its insuing damages.�

DUI – DWI Gotchas! 3 Popular Police Drunk Driving Tests

March 12th, 2008 | Posted in DUI/DWI, Local Issues, Traffic by bloom | No Comments »

man_being_arrested.jpgIf you haven’t heard it before now, then here it is: no DUI – DWI defense attorney is going to recommend that you voluntarily take a Breathalizer test when you’re pulled over for suspicion of driving drunk.

Why? Because it will give a reading on your BAC (blood alcohol content) that will automatically correlate with the state law definition of intoxication. State laws across the country define driving drunk by the percentage of alcohol in the blood stream. Usually it’s at 0.08%.

Someone who doesn’t feel tipsy, or with even the slightest buzz, can still read drunk on a Breathalizer. It’s very hard to defend against those numbers.

So, what can the police do if they pull you over, and you just say no to the machine?

They can give you “field sobriety tests” which you’ve probably seen a lot, if you watch Fox TV’s COPS  with any regularity ….

Three of the most popular field sobriety tests are the One Leg Stand, the Walk and Turn, and the HGN.

Continue Reading »

Celebrity New Year’s Eve Parties – NYC, Vegas, Miami

December 26th, 2007 | Posted in Celebrity Justice, DUI/DWI, National Issues by bloom | No Comments »

If you’re interested in welcoming in 2008 at a New Year’s Eve party hosted by a celebrity, then here’s a list of options to choose from.  Remember, though, that just because the celebrity is hosting and/or performing at the fete does not guarantee that you will see them, much less meet them ohiltons_lax_ad.jpgr get the chance for a chat.  Yes, even at these exorbitant prices. 

No lawsuit here, there’s no promise of anything but entry into the private party:

Miami Beach

Lenny Kravitz at the Florida Room in the Delano Hotel is sold out.  The lounge there has Gnarls Barkley and the Florida Room Players performing for $400/ticket.  Includes cocktails and a midnight champagne toast.

Jennifer Hudson at the Setai for $1000/ticket.  She performs.  Includes cocktails, dinner dance, five-course meal, and entrance into the Paradise Club.

Ashlee Simpson and Pete Wentz host a party at The Shore Club while Eve performs for $300/ticket.

New York City

Mya hosts and performs at the Roseland Ballroom in Times Square for $75/ticket. Cash bar. 

Kid Rock hosts at the Hotel Gansevoort.  Rooftop Table for $350/ticket.  Open Bar.  DJ. 

Vegas

Debbie Reynolds hosts and performss at the South Point Grand Ballroom for $140/ticket.

Dave Navarro hosts at Palms’ Rain Nightclub for $100/ticket.

Jay-Z hosts at Palazzo’s 40/40 Club for $700/ticket.  Party favors and midnight champagne toast.

Paris and Nicky Hilton host at Luxor’s LAX Nightclub for $250-20,000.

Pamela Anderson hosts at PURE Nightclub at Caesars’ Palace for $250 – $5000.

Orlando Bloom, Lindsay Lohan, Britney Spears: Hit & Runs

October 17th, 2007 | Posted in Celebrity Justice, Personal Injury, Traffic by bloom | No Comments »

lohan_arrest2_070724_ms.jpgOrlando Bloom is reportedly being investigated by Los Angeles authorities for a hit and run last Friday night. Driving a friend’s car, Orlando had a car crash that left his friend (riding in the front passenger seat) with a fractured neck. Paparazzi recorded Orlando walking away from the scene, and then walking back, and later asking someone to call 911.

Lindsay Lohan’s out of rehab, but she still has to face hit and run charges stemming from her collision with a tree last Memorial Day. Lindsay was also charged with DUI – and cocaine was allegedly discovered in the car, as well. Lindsay was filmed running from the scene by paparazzi ….

Britney Spears was charged with hit and run on Monday, after she bumped her convertible Mercedes into another vehicle while she was parking the car. Paparazzi caught the entire episode — including Britney checking her car for damage, but not the victim’s, before going on her merry way — on video.

Okay, what’s up with these hit and run charges – and who should be most worried? Continue Reading »

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