Posts Tagged ‘DUI’

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!

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.

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.

2 Killed, More Injured by Drunk Driver at Austin’s SXSW Festival

March 13th, 2014 | Posted in Criminal Defense, DUI/DWI by Seth Bloom | No Comments »

Photo courtesy of usatoday.com

Photo courtesy of usatoday.com

Early Thursday morning, a drunk driver trying to avoid a routine traffic stop, fled police and drove through a crowd killing 2 and injuring more than 20 at Austin’s annual South by Southwest festival. After being stopped on suspicion fo drunk driving, the driver fled police and went the wrong way down a one-way street and plowed through a crowd of concert goers outside of the Mohawk in downtown Austin. After driving through the crowd, the driver finally hit a taxicab and tried to flee on foot where he was restrained with a stun gun by police and arrested.

The names have not yet been released of the victims and the driver.

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

Bieber Pleads Not Guilty in DUI, Turns Himself in for Assault in Toronto

January 30th, 2014 | Posted in Celebrity Justice, DUI/DWI by Seth Bloom | No Comments »

Photo courtesy of eonline.com

Photo courtesy of eonline.com

Justin Bieber, who’s been all over the news lately due to multiple legal issues since December, pled not guilty to DUI charges on Wednesday in a Miami court. Bieber has an arraignment date set for the middle of February, but more than likely will not be present for it. They were originally charged with DUI and drag racing, which is a crime in Florida, although it shows that neither he nor his friend Khalil Sharieff, who was also arrested, are being charged with drag racing.

The pop star was stopped in the early morning last week at a traffic stop, when he began cursing at police officers and admitting to smoking marijuana, drinking, and taking a prescription drug, according to the police report. The Breathalyzer was administered multiple times, as the first two readings were were invalid. The 3rd test showed a BAC of .014, which is below the Florida legal limit for persons under 21 of .02. Bieber and Sharieff submitted urine samples, which may show marijuana to have been in his system, which would still qualify as Driving Under the Influence charge.

After pleading not guilty in Florida, the pop star took a flight to his home country, Canada, to turn himself in to face charges for assault against a limo driver stemming from Dec. 29th when the singer was in town attending a Toronto Maple Leafs game. Police responded in December to a disturbance involving Bieber’s entourage and a limo driver, who was allegedly hit several times in the back of the head. Police were unsure if, at the time, Bieber himself was involved in the assault, or someone from his entourage.

If you or someone you know is arrested for criminal charges in the Greater New Orleans area, Bloom Legal can help. Please call us at 504-599-9997 or email us at info@bloomlegal.com to arrange for a free consultation.

Can You Be Arrested for a DWI If You Aren’t Driving?

December 26th, 2013 | Posted in DUI/DWI by admin | No Comments »

Recently, Psych Central reported that a study of 22,000 high school seniors showed an increase in drugged driving even while the number of teens involved in drunk driving incidents has declined. As many as 28 percent of teens reported that they had either driven after using marijuana or been in the car with someone who used marijuana within the two weeks prior to taking the survey.

Psych Central reported that “teenagers will always be in a high-risk category due to the qualities that go along with adolescents,” such as being impulsive and feeling invincible. However, while teens are at the greatest risk of dying in car accidents, any driver of any age could potentially get behind the wheel when impaired and could be at risk of accident or arrest. Those who use marijuana or who consume alcohol also face other potential criminal charges for violating the law while impaired, and a New Orleans criminal defense law firm should be consulted by those facing charges for party crimes.

Facts to Know About Party Crimes

At Bloom Legal, our New Orleans criminal defense law firm specializes in defending locals and visitors to the area who are accused of party crimes like driving drunk or like marijuana offenses. To help those who are arrested understand what to expect, BloomLegalTV provides answers to some common questions that people have. One recent video, for example, has some advice both for those worried about being charged with marijuana crimes and for those who are behind the wheel while impaired and who are concerned about a drunk driving conviction.

Some things you should know about marijuana and drunk driving crimes that our New Orleans criminal defense law firm covers in the video include:

 

  • The rules for drunk driving charges when the car isn’t moving. Driving a vehicle is an essential element of a drunk driving offense, although this vehicle doesn’t have to be a car (the law says you can’t drive a motorcycle, boat or even a lawn mower while impaired).  However, if your keys are in the ignition, you could probably be charged with a DWI even if you aren’t moving at the time. If you’re going to take a nap in the car when you’re drunk, have the keys put away and don’t have the engine running so you don’t take a chance of being arrested.
  • The laws related to marijuana use. These laws haven’t changed in New Orleans yet, although marijuana cases have now largely been relegated to municipal court, and certain new incentives have been created for plea-bargaining. If you agree to pay a $400 fine and plead guilty to a first-time marijuana offense, the offense can be treated as non-enhanceable. This means that while you normally would be charged with a felony for a second offense (your first offense thus enhancing the penalties for the second), this won’t happen if you pay your fine and admit guilt. You’ll still face the first-offense misdemeanor consequences and have a criminal record.

It is important to understand what the laws are related to drunk driving and marijuana offenses because this criminal record can impact your future. The New Orleans criminal defense law firm of Bloom Legal is here to help, so call today to schedule your free consultation.

Choosing the Right New Orleans DWI Attorney Video

December 20th, 2013 | Posted in DUI/DWI by admin | No Comments »

New Orleans juries seem to be getting tougher on criminal offenders, as data indicates a significant increase in the rate of convictions from 2011 to 2012. When the Times-Picayune reviewed the conviction rate in 2011, 348 defendants were brought to trial before a jury and 65 percent were convicted. In 2012, on the other hand, 126 defendants had already been tried by July and convictions had been secured in 81 percent of cases.

NOLA indicates that there are a lot of possible reasons for the increase in convictions; including video evidence being increasingly used, and jurors getting increasingly fed up with crime. One other possible reason is that the prosecutor’s office is cutting more plea deals on lesser offenses.

With a higher conviction rate but more potential to perhaps cut a deal, it becomes more important than ever to find a New Orleans DWI lawyer who can negotiate a plea bargain or who can defend you in court.   But, how do you find a New Orleans DWI lawyer? BloomLegalTV has some answers.

How to Find a New Orleans DUI Attorney

When you’ve been charged with driving under the influence, a New Orleans criminal defense law firm is the right firm to call. Before you do, consider the following advice from a New Orleans DUI attorney on finding the right lawyer for you:

  1. Meet with the attorney in person and consider how you feel about the attorney. Make sure you feel comfortable with the attorney and with how you get along.
  2. Make sure your attorney practices DWI. You don’t want a lawyer who works in a different field representing you in a DWI case.  Ask your lawyer what his experience is with DWI cases and what the results of past cases have been.
  3. Look for a locally-based New Orleans DWI lawyer who goes to the local court frequently. Your lawyer should have experience with the local district attorneys and will know the court system and judges.
  4. Find an attorney with specialized training. Ask if your attorney is a member of the DUI National Defense College and if he has taken continuing legal education courses on DWI defense. DWI cases are complicated and you want someone with specific knowledge of these types of cases and of blood alcohol content (BAC) concepts.

At Bloom Legal, 75 percent of our practice is criminal defense and a large portion of our cases are DWI cases. We regularly help people with DWIs in the state of Louisiana and we can put our legal experience to work to help in your case.

Our New Orleans criminal defense law firm helps both locals arrested for drunk driving and those visiting on spring break or vacation who face a DWI arrest.  Our goal is to resolve your case as quickly and effectively as possible with minimal or no consequences from the drunk driving arrest.

 

Call us today and schedule a free consultation so you can see if our New Orleans DUI attorney is the right one to help with your case.

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