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Counsel

DUI – The Negatives of Having a DUI on Your Record

The driving laws in each state clearly prohibit drinking and driving, but that doesn’t stop thousands of drunk drivers from getting behind the wheel of a car each year. In turn, millions more lives have been impacted and forever changed over the years due to the devastating consequences of driving under the influence of alcohol. There’s no doubting that alcohol can cause a significant impairment of judgement, but that single-moment decision to jump behind the wheel can have lifelong consequences.
Legal and Financial Woes Attributed to Having a DUI on Your Record
Presuming the driver is “lucky” enough not to cause any accidents or fatalities while driving under the influence of alcohol, there are still significant to face with the justice system. Though the penalty for a DUI may vary slightly from state to state, spending a few hours behind bars is just the beginning of the legal troubles. In some states, even first time offenders can lose their driving privileges for up to one year – leaving plenty of time to attend substance abuse assessment classes, perform community service and pay the fines for driving drunk.
DUI and substance abuse classes are often a court-mandated penalty for driving under the influence of alcohol. Though the length of time and number of classes required will vary from state to state dependent upon the number of prior DUI convictions, these classes are both required and costly to attend, generally averaging around $650. Drivers who have been convicted will have to complete one or both programs before being allowed to get his or her driving privileges reinstated.
Once the appropriate time has passed and drivers are able to renew their license, chances are high that he or she will be required to install an ignition interlock in the vehicle. The ignition interlock is installed into the vehicle and acts as a breathalyzer test that the driver must pass before the car can be started. Afterward, the interlock may require a periodic test to ensure that the driver is obeying laws and not driving while intoxicated.
In addition to legal fees and a loss of license, a DUI conviction can make it difficult to obtain a job or even pass a routine background check. Even a single DUI offense can leave employers and landlords in doubt regarding a driver’s ability to make smart decisions. In the end, even a single DUI conviction can result in many thousands of dollars lost due to poor decision-making.
Emotional and Mental Consequences of Driving While Intoxicated
Believe it or not, jail time and penalty fees are on the lucky side of the spectrum when it comes to being convicted for driving under the influence. The guilt and remorse that accompanies a drunk driver can last an entire lifetime. It has been proven time and again that drinking alcohol can delay reactions and impair judgement. Alcohol has a way of making people feel invincible, but it is important to remember that a single moment could change or take away a life forever; those odds are significantly heightened with a decision to drink and drive.
Where there is guilt there are bound to be blues, and depression is guilt’s best friend. Having a DUI on your record can also mean shattering the trust that your loved ones have in your ability to make smart decisions. When accompanied by complications in finding a job or even a home to rent, the chances of becoming depressed can be high. In any case, the best way to avoid any of these complications is to stray from getting behind the wheel while intoxicated.…

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Attorney

Does Fighting a Restraining Order Go on Your Permanent Criminal Record?

This topic is one of the things which worries fathers who are fighting a restraining order during a divorce – and quite rightly too. Unfortunately during some custody battles, your ex’s lawyer will advise her to file a bogus allegation of abuse to justify filing a restraining order complaint… which also means the access to see your kids is immediately withdrawn in 99% of cases.
As if that situation isn’t worrying enough, the sad fact is that if the order becomes permanent, it will be marked in your permanent criminal record.
Basically, unless you can stop the “ex parte” (temporary) order becoming permanent, areas of your life that you haven’t even dreamed of will be affected by this little black marker against your name. That’s why fighting a restraining order during divorce is so important, and not just for the sake of your children.
To file the order against you, it will have been lodged in your home state. If it is granted permanently, its conditions are enforceable nationally. There are no exceptions, because order enforcement is covered under the US Constitution’s ‘Full Faith and Credit Clause’.
The next stage is when the law agency in your home state make the order live on the national law enforcement database, the National Crime Information Center registry (NCIC). The NCIC is a national electronic database which is accessible to all American law enforcement agencies.
You may be wondering what the implications are of failing to win a dismissal when you’re fighting a restraining order. After all, if it’s just a marker on a computer database, fighting the restraining order might not be too important, right? Wrong – that’s a dangerous way of thinking. Sure, your custody battle is extremely important. Your divorce process should be a priority, to make sure you don’t end up homeless and bankrupt.
But getting the restraining order should be a starting point for those battles to be won. Apart from swamping you in paperwork and adding an extra layer of complication to the legal process, having a restraining order against your name has wide-reaching implications.
Firstly, you will experience extra checks at customs when you fly. You will not be allowed to own or be near any firearms or “other hazardous materials” (and if you work in security or trucking, that means goodbye to your job). You will live with being accused of violating the restraining order at any time – which, if your ex is spiteful enough to file an order in the first place, should be expected.
Finally, any employers who conduct a criminal background check will see the report with the flag against your name, but not the details of the case – and it’s a standard procedure now to make this check on your criminal record before offering you a job. Employers will often not bother querying the facts around the case when they see your report, and you won’t get a chance to explain that your vindictive ex filed a bogus restraining order abuse allegation in order to win custody of your kids.
Because of all of that, it’s vitally important that you get the restraining order rescinded as soon as possible. Thousands of fathers are succeeding every week on this, and you can be one of them.…

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Law School

Finding Online Court Record Tools

Searching US County Court Records Online Databases.
There are 3,141 counties in the USA (including the so-called county equivalents, like parishes in Louisiana and boroughs in Alaska), and almost each of these counties has at least one court, forming a county level jurisdiction. Now just imagine how many repositories of county level court records there are across the whole of the United States. So, if you are little knowledgeable in jurisdiction issues, you might feel at a loss, should you face need of searching for a specific court record pertinent to case that was handled in one of that vast variety of county courts. For even if with the evolution of the Internet courts started offering access to their records databases to the general public, the task of searching for court records may be not easy one, especially if you lack sufficient information to serve you as departure platform in your online court records searches. Hence is the need for online court records search assisting tools with easy intuitive interface and also programs to ensure courts accountability before the citizens.
One of such programs was launched by Lubbock County in the state of Texas. The said program was started several years ago and was intended to improve the extent of the accountability of court system in general and judges in particular before the public. This continuously improved program works for the benefit of Lubbock County residents allowing them simple and understandable access not just to court records from past years, but also to the recent findings exposed through system of reports anyone can read on the Internet so members of community could assess efficiency of the judiciary system and contribute to the cause of developing the strategies for finding ways to improve efficiency and openness of court process. Similar programs are being implemented in 60 other counties in different states across the USA, and there’s an opinion that Lubbock County’s could serve as a template to follow.
Some court records maintained by local courts of trial are considered sealed, either the whole record or certain part of it. Quite often such sealed or restricted access records belong to databases of county juvenile courts, even if the charges on some cases were as serious as illegal drug possession. Only law enforcement officers and agents are being granted access to them in case they need the information contained therein for investigating another crime that is in some way related to the case that was tried previously. But in any case a court order from the judge is needed.
The other group of tools allowing and facilitating court records search are those offered by the commercial brokers of the information that would charge you for access or per search performed, but many of those databases can hardly considered to be legal, as well as the information they disclose. Therefore the information found this way needs to be verified as for its accuracy, consistency, and speaking further, only via fingerprints match you can bee 100% sure it relates exactly to that very person you are running your background check against, but not to someone else with the same name, place of residence etc.…