Holly L Campbell, CADC, RMSR, SQP

Archive for the ‘DWI’ Category

Trending: How the Stigma of Mental Health is Changing with Pop Culture


Trending: How the Stigma of Mental Health is Changing with Pop Culture

https://recovergateway.wordpress.com/2018/05/31/trending-how-the-stigma-of-mental-health-is-changing-with-pop-culture/
— Read on recovergateway.wordpress.com/2018/05/31/trending-how-the-stigma-of-mental-health-is-changing-with-pop-culture/

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Four Facts About Miranda Rights That Everyone Should Know — Greg Hill & Associates (310) 782-2500


Of all the rulings that have come down from the U.S. Supreme Court over the years, the Miranda case is perhaps the most misunderstood by non-attorneys – and perhaps even some attorneys. Hundreds of time, our office has heard, “but I was never read my rights” as a suggestion that the police engaged in some […]

via Four Facts About Miranda Rights That Everyone Should Know — Greg Hill & Associates (310) 782-2500

What Is Possession of Drug Paraphernalia (H & S 11364)? — Greg Hill & Associates (310) 782-2500


What is drug paraphernalia? A pair of tweezers? A small spoon? Does there need to be more? What is the punishment if convicted of possessing such items? Is it a felony? What are the defenses to such a charge? Click on the following link to find out answers to these questions. http://www.greghillassociates.com/what-is-possession-of-drug-paraphernalia-h-11364.html.

via What Is Possession of Drug Paraphernalia (H & S 11364)? — Greg Hill & Associates (310) 782-2500

Addressing the Heroin/Opioid Epidemic


The United States is in the midst of an epidemic. The small county I work in reports 3-5 calls per day for opiate related overdoses. Treatment programs from around the area have huge wait lists and people are dying every day. Experts at a recent round table discussion on the problem are predicting that it […]

http://conversationsonthefringe.com/2016/05/10/addressing-the-heroinopioid-epidemic/

FAQ – DWI & Alcohol Related Offenses


Q: What Happens If I Refuse to Take The Breath Test?

A: Warning: Refusal to submit to a Chemical Test may have severe  consequences and should not be undertaken except upon the advice of your  attorney.

Assuming the request is properly made, your refusal to submit to a  chemical test will result in issuance of a notice by the arresting  officer that your license is revoked. The officer shall also issue a  fifteen day temporary driving permit on behalf of the director of  revenue which will also give you notice of your right to file a petition  for review in circuit court contesting the license revocation. If no  further action is taken on your part, when fifteen days expires you will  lose your driving privileges for at least one year and you will need to  apply for a new driver’s license at the end of the revocation period.

Q: I Was Arrested Last Night. I Refused the test. What now?

A: Don’t panic! At least not yet. Retain an attorney immediately. Your  lawyer must file a Petition for Review in the Circuit Court before your  fifteen day permit expires. Once a Petition for Review has been filed,  your lawyer can obtain a Stay Order which will allow you to drive during  the period that your petition for review is pending. There are valid  defenses to the revocation, particularly if no field sobriety tests were  administered and no glaring evidence of intoxication. There may also be  a possibility of settlement that would allow you to avoid the  revocation

Q: I took the test and it registered over .08 percent blood alcohol content. Is there any way to save my license?

A: Yes. Maybe. Assuming that you blew over .08, the arresting officer  gave you notice of suspension or revocation of your driving privileges.  (Generally a 30 day suspension if this is your first charge for driving  while intoxicated). You should also have received a fifteen day driving  permit and instructions on how to request an administrative review of  the suspension or revocation by the department of revenue.

If you apply for a hearing, (or better yet, have your attorney make  the application), within the fifteen day period, the department of  revenue will issue a temporary permit allowing you to drive until the  scheduled date of your hearing. (This assumes that you are the holder of  a valid driver’s license issued by this state.) At the hearing, which  may be by telephone, the hearing officer will determine whether, by a  preponderance of the evidence, you were arrested upon probable cause to  believe that you were driving a motor vehicle while the alcohol  concentration in the person’s blood, breath, or urine was eight-  hundredths of one percent or more by weight. As a practical matter, most  of these hearings are determined in favor of the department of revenue  and the suspension or revocation is sustained. Still, there are  technical defenses, and each element must be proved. It is this writer’s  opinion that you should always request the administrative hearing —  there is little to lose. In the rare event that you prevail, your full  driving privileges will be restored.

If you lose the administrative hearing, your lawyer can file for  Trial De Novo (a re-hearing) in Circuit Court. These case are rarely  successful, although a few are won where the evidence is unique and/or  the arresting officials failed to follow proper procedure. You and your  lawyer should discuss the likelihood of success and do a cost-benefit  analysis prior to filing for Trial De Novo.

Q: I have been charged with DWI. What now?

A: Whether you took a breath test, or refused to take the test, the  arresting officer had grounds to believe you were driving while  intoxicated and you have been issued a summons to appear in court. This  is a Criminal charge independent of any action pertaining to your  driver’s license.

As with any criminal charge, you are presumed innocent until you are  proven, or plead, guilty. It is important that you retain the services  of an experienced attorney at the earliest possible opportunity to  determine the strengths and weaknesses of your case. You attorney will  help you make an informed decision whether (and when) to proceed to  trial or attempt to negotiate a plea bargain.

Under Sections 577.010.2 and 577.012.3 of the Missouri Revised  Statutes, the first offense of Driving While Intoxicated and Driving  with an excessive blood alcohol content, is a class B misdemeanor. The  range of punishment is up to six (6) months in the County Jail or up to a  $500.00 fine, or both. A second offense of DWI is a class A misdemeanor  with a range of punishment up to one (1) year in the County Jail, or up  to a $1,000.00 fine, or both. Persons who have been convicted or plead  guilty to two or more intoxication-related traffic offenses may be  convicted of a felony and subjected to time in prison.

If you have been charged with a DWI, your choice of an attorney is crucial. See our guidelines on selecting the right attorney.

For experienced professional representation, contact Lloyd Nolan today at (314) 725-1880. DISCLAIMER: THE FOLLOWING INFORMATION WAS OF A GENERAL NATURE AND NOT  MEANT TO CONSTITUTE LEGAL ADVICE OR TO BE USED IN, OR APPLIED TO, ANY  INDIVIDUAL SITUATION. THIS GENERAL INFORMATION IS APPLICABLE TO THE  STATE OF MISSOURI AND MAY NOT BE VALID UNDER THE LAWS OF OTHER STATES.  IF THE READER HAS SPECIFIC LEGAL QUESTIONS, HE OR SHE SHOULD CONTACT AN  ATTORNEY.

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2014 Lloyd Nolan, Attorney at Law

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