New Mexico Trying to Close Interlock Device Loophole

In New Mexico, the State requires all DWI offenders (even first time) to install an interlock device in their vehicle.  The device costs individuals around 1,000 dollars a year to maintain. 

However, those who are moving to New Mexico and already have a DWI conviction may have found a slight respite from the imposing law.  Some of these individuals are simply choosing to not update their license and are keeping their old license from the State they moved from.  This in essence keeps the New Mexico authorities from knowing that an interlock device should be installed.

New Mexico authorities have recently become aware of this trend and are working to impose stiff penalties for those who do not update their license within the 30 day requirement.

 If you want a lawyer who will work hard to ensure that an interlock device does not have to be installed in your vehicle contact Dallas DWI Lawyer Mark T. Lassiter.

LaRussa pleads Guilty to DUI

WEST PALM BEACH, Fla. – ESPN reports that St. Louis Cardinals manager Tony La Russa pleaded guilty to driving under the influence Wednesday, eight months after police found him asleep inside his running sport utility vehicle at a stop light and smelling of alcohol.

La Russa said he had decided to plead guilty to the misdemeanor because it was in the best interest of all concerned.

“I accept full responsibility for my conduct, and assure everyone that I have learned a very valuable lesson and that this will never occur again,” La Russa said in a statement released by his attorney, David Roth. La Russa did not appear in court to plead guilty.

As part of his plea agreement, La Russa will serve at least six months’ probation, pay a $678.50 fine, complete DUI school and any recommended treatment and complete 50 hours of community service, according to state prosecutors.

La Russa, 63, was arrested in March in Jupiter, where the Cardinals play spring training games.

He gave two breath samples and was determined to have a blood alcohol content of 0.093 percent, Jupiter police have said. Florida’s legal driving limit is 0.08 percent.

Undercover officers first saw La Russa’s SUV partially in an intersection around midnight and not moving despite several green lights, police had said. Officers knocked on the vehicle’s window and La Russa did not initially respond.

The SUV was in drive and running, with La Russa’s foot on the brake, police said. When he eventually woke up, the officers asked him to get out of the SUV.

He was booked in the Palm Beach County jail.

On an interesting note, La Russa went to law school in Florida and passed the bar exam, but he no longer practices.

If you want an attorney who will work to make sure you dont have to plead guilty contact Dallas DWI Attorney Mark T. Lassiter.

New Program in Nevada aimed at helping DUI Offenders

Kellene Stockwell in Nevada reports that the State is beginning a new program for DUI offenders. Third time DUI offenders who haven’t hurt anyone will be able to enroll into a three to five year treatment program instead of jail time.

This choice won’t cost taxpayers any money; offenders will have to pay for the program out of pocket. “And what they have to do for the first six months is go under house arrest. That means they have an ankle bracelet and they’ll be monitored,” says Chief Judge Jerry Polaha of the Second Judicial District Court.

They’ll also have to install a breath ignition interlock device on their car to prevent them from getting on the road if they’re drunk.

Advocates say it could equal less drunk drivers on the road simply because it’d be treating alcoholism head on. “If we can just get one, we’ve done our job. But we want more than one. It’s just not enough for the numbers we have in the county,” says Teresa Aquila of the Northern Nevada DUI Task Force.

Chief Judge Polaha says the specifics of how the program will work have yet to be figured out. “By not throwing, tossing them in prison for a year we can affect a positive change and I certainly hope so.”

If the offenders complete the program successfully their felony charge will be dropped to a misdemeanor. The new treatment program is set to start December 15th.

If you know someone who has been charged with a felony DWI/DUI you need to contact Dallas drunk driving attorney Mark T. Lassiter to find out the best course of action.

DWI Worse than Violent Crime?

By SHEILA BURKE

Under Tennessee law, a drug user, wife beater and burglar can eventually clear their criminal history.  But, an individual convicted of driving under the influence can’t!

All but DUI offenders are eligible to have their criminal records wiped clean. Such harsh terms normally apply only to the most violent perpetrators, such as murderers and sexual predators.

Nashville attorney Doug Thurman is among several defense lawyers who say DUI arrests stay on a person’s record all because of a law that is politically motivated and needs to be changed.

“A DUI is going to be held against you for the rest of your life,” Thurman said.

He says it’s not right that felons are allowed to get a chance at having their records wiped clean when first-time DUI offenders, who’ve been convicted of a misdemeanor charge, can’t.

He says “I just think that’s a little too much for somebody who’s never been in trouble and makes one mistake.”

“They could have just as easily committed homicide,” Laura Dial, executive director of MADD of Tennessee, said of the first-time DUI offenders. “It’s vehicular homicide, which is murder. So, they got lucky when they decided to drive drunk and they didn’t kill someone and then become convicted of vehicular homicide or vehicular assault.”

Individuals arrested on DUI charges face a hostile political climate, another defense attorney said.

“I think DUI offenders are the whipping children of the legislature,” Nashville attorney Patrick Frogge said. “They’re easy targets and there’s an effective lobbying organization that keeps DUIs on the legislature’s agenda.”

He said it makes no sense that DUIs are lumped in with crimes that are considered too serious to be erased from the record. The most serious violent felonies, along with most sex crimes, and DUI can’t be expunged from a criminal record, he said.

In most cases, a DUI charge has to be dismissed or a judge or a jury has to acquit the defendant in order for the arrest to be expunged from the record. Charges are also eligible to be expunged if the case is dismissed.

Even if a drunken driving defendant pleads guilty to a lesser charge, such as reckless driving, the DUI arrest will be on his record, lawyers say.

Metro Jail records show that DUI is the single most common charge for which people are arrested once and never get booked again into the jail.

Thurman said that figure makes perfect sense because most people who get arrested for a first-time DUI are normally good citizens. Many, he said, are people who have a drink or two after work and get pulled over for driving a few miles over the speed limit.

The lesson to be learned here is that the State’s are treating DWI crimes for their potential of harm rather than what actually occurs.  If you are arrested for a DWI offense the legislature is not going to cut you any breaks.

So if you need a Dallas Texas DWI Attorney who knows the system and how to fight for your rights contact Mark T. Lassiter.

DUI Train Accident

In Oregon, Robert Gillespie was driving while doing text messaging on his cell phone.  Obviously he wasn’t paying attention because according to the Eugene Police Department, Gillespie slammed into a Union Pacific freight train.  This happened early in the morning hours.

Thankfully, Gillespie was okay except for the fact that he was trapped in the car.  And, the Eugene police also charged him with careless driving and DUI.  According to the police department, Gillespie was also speeding and that the main reason for the freight train incident was the text messaging.

If you or someone you know needs advice about a drunk driving offense contact the Dallas DWI Lawyer Mark T. Lassiter.

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