Phoenix DUI Abogados

Happy St. Patrick’s Day from Salem, New Hampshire DWI & Criminal Defense Lawyer Mark Stevens!

New Hampshire DWI Laws. Make sure your lights, including your plate lights and brake lights, are working and that your license and registration are up to date before you drive anywhere with a green mouth; the cops will be looking for excuses to pull over vehicles on St. Patrick’s Day Eve so don’t give them a reason to stop you!    Like in the case of DWI roadblocks, there usually are not enough drunk drivers on the road to keep them all busy, so there will likely be a lot of other arrests, like operating after license suspension, possession of marijuana, and other victimless crimes and violations.  Don’t give them a chance to hassle you.

If you get arrested feel free to call me at anytime. I look forward to speaking with you.

DWI and Criminal Defense  Attorney Mark Stevens

Auburn football player Nick Fairly believed he had a deal with prosecutors when he pleaded guilty to a Mobile, Alabama DUI charge.

That stipulation plea deal would have allowed the charge to have been erased from his record if he completed a DUI diversion program, available for offender with no prior arrests.

Prosecutors, however, say there were no promises made, as Fairly had a prior marijuana charge.

Our Birmingham DUI attorneys know that diversion programs can be a great alternative to trial if the evidence against you is substantial. The time and money you invest in the program is priceless when compared to the freedom of not being forever haunted by a criminal charge on your permanent record.

We also know that far too many defense attorneys are eager to get their clients into a plea deal. We believe in a careful, thorough examination of the facts and circumstances of each case before reaching that determination.

We also recognize if a plea deal is ultimately determined to be the best course of action for our client, the terms of that agreement must be clear for all parties involved – before a plea is entered. Otherwise, you risk running into a situation like this.

According to various media reports, Fairly was driving under the influence of alcohol last spring when he was stopped by a state trooper for reportedly traveling nearly 100 miles per hour on Interstate-10 around 1 in the morning.

When the player’s defense attorney entered a no contest stipulation plea deal on his client’s behalf, he acknowledged prosecutors did have enough evidence of DUI and reckless operation. The supposed understanding was that the prosecutor would refer the defendant to a diversion program, which would have allowed the player to walk away with a clean record. As a result, the county district judge accepted the plea and imposed a six-month suspended jail term, a $600 fine, one year of probation and a mandate to attend a DUI course.

However, now the prosecutor is reportedly reneging on the deal, saying that no such agreement ever existed and that the defense was told that the prior possession of marijuana charge would be a roadblock to any such deal.

With the defense now hoping to pull that guilty plea, in light of the fact that no diversion program is being offered.

In order for a defendant to be eligible, he or she must:
1. Have the approval of the existing officer;
2. Not have any kind of prior criminal record;
3. Have a stable source of employment that does not involve transportation of others;
4. Have had a blood alcohol level at the time of the arrest that was under 0.14 percent;
5. Undergo both a criminal and driving history background check.

Although defense lawyers concede that their client doesn’t technically meet all those requirements, due to the marijuana charge (it was later dismissed anyway), they maintain that prosecutors should be made to hold up their end of the bargain.

The burden of proof regarding whether a deal was in place is currently on the defense.

A county circuit judge is set to rule on the matter later this month.

On March 25, 2012 two people died in a fatal car crash determined to have been caused by reckless driving. John Rick, a 19-year-old Jackson resident, was recently sentenced to 60 days in jail and one year of probation after the jury found him guilty on two counts of reckless driving; he was found not guilty on two charges of reckless driving causing the deaths of the victims, 20-year-old Dylan Briningstool and his girlfriend, Icy James.

At issue in the January trial was whether Rick’s driving was the direct cause of the deaths of his friends. Briningstool and Rick were driving at speeds of approximately 100 mph, both heading north in Waterloo Township on Mount Hope Road when the vehicles collided, sending both cars off the road. Briningstool’s brother was riding in the back seat of Dylan’s vehicle when they noticed lights ahead, and Dylan attempted to get back into the northbound lane, striking Rick’s Grand Prix. It was debated at trial whether Rick’s criminal liability in the accident was negated by Briningstool’s actions.

Ultimately, Rick was not held liable for the deaths; his attorney, Michael Falahee, said that “Rick feels terrible, and always will.” He said that the defense felt that the jury made the right decision in not finding Rick responsible for the deaths of his friends.

Jackson County Circuit Judge Susan Beebe told Rick “You made a very poor choice that ultimately ended up with someone dead.” Ted Briningstool, Dylan’s father, said that he prays that Rick will take away the lesson that speed kills from this accident. Chief Assistant Prosecutor Mark Blumer told the court that both Rick and Briningstool were responsible for the tragedy, and that both vehicles were driving at speeds of approximately 100 mph in a no passing zone when the accident occurred.

Rick’s driver’s license was also suspended.

While this is a horrible tragedy, Michigan drivers license restoration lawyers know that being denied the privilege to drive makes living a normal life virtually impossible. Individuals driver’s licenses are often suspended or revoked due to repeated DUI offenses, drug crimes, and reckless driving.