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#(( miranda has a strict list of what other people are and are not allowed to see from her
royalreef · 11 months
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(( Sometimes I feel the need to remind people that, even though Miranda is very outwardly emotional and tends to make a show of wearing her heart on her sleeve, she tries to hide her actual issues as much as physically possible. I feel like people often miss that, and assume that just because she doesn't come across as stereotypically repressed or emotionally constipated, if she doesn't vocalize her issues, then she doesn't have them.
Which, to be fair, Miranda wholly encourages and relies on in-character, as a further means of ensuring she can live in denial and no one ever has to know what her genuine upset looks like. Unfortunately, it also means I feel like a lot of people end up missing how much Miranda is fully the queen of denial and their muses relationships with Miranda likewise suffer, without them knowing exactly what the source of it all is.
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rxttenfish · 8 months
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putting this over here and not on my rp blog because i just feel more comfortable talking over here lately and because this isnt even BAD or me complaining, just saying a thing i noticed and being entertained, but i worry that people will think im being rude
theres like, this bingo card meme going around in my circles lately, where you make one for your muse, specifically of their "type" when it comes to romantic partners
so i make one for miranda, as you do, and i include a box on there that says "respects her sister", because. you know. a vital thing to miranda.
and its funny that all of the other muses who have marked that off are ones who neither i nor bellanda nor miranda would say COULD mark that off
namely because like. why is respecting bellanda so important?
because shes miranda's sister. and even more than that, she has been, for all of miranda's life, both her only friend and her caretaker. bellanda is one of those people that miranda trusts with literally EVERYTHING, and is wholly incapable of thinking bellanda can ever hurt her, let alone hurting bellanda in turn. bellanda's opinion is final to miranda, she is what matters above everyone else, and either her potential paramours accept that theyre always going to be playing second fiddle to bellanda or they leave miranda's life. so much of what miranda does is dependent on bellanda and she is basically everything miranda has.
which is important context, because the reason why not just any single person can mark off themselves as respecting bellanda, is because bellanda is going to be mean as hell to them. bellanda doesn't trust landfolk, very seldom trusts other merfolk, and is highly suspicious of ANYONE who tries to get too close to miranda. for very good reasons, sure, but also this means she is going to try to drive them away as much as she can without upsetting miranda. and like, miranda knows bellanda is doing this. she knows she will insult, berate, and even try to physically hurt people who bellanda perceives as a threat, and miranda knows why bellanda does this, and thus she will give bellanda a very loose leash. again, miranda takes bellanda's side in everything that matters, and her loyalty to her comes first before everyone else.
as you can imagine, this is not an ideal situation to be sandwiched between. you cant even really DO anything, because trying to do anything against bellanda immediately sours miranda's opinion of someone, and bellanda is never really going to do something she knows would be over the line for miranda. the only option is winning bellanda's favor, and thats a tall order when she already mistrusts and suspects them for a full list of potential manipulations and careless blunders that bellanda won't be sharing with them. shes tough, shes strict, and shes very set into what she knows to be true and whats allowed her and miranda to survive this long.
hell, it's why aaravi is one of the very VERY few people to do well with bellanda, because shes already used to people hating her and suspecting her. already knowing that out of the gate and knowing bellanda's type (from her own experiences with gruff older slayers), getting the reassurance from miranda that she actually is good and sweet and funny was enough for her.
but you see the problem still. you see why this is such a dealbreaker for so many muses. you see why its specifically phrased as RESPECTING bellanda, because if you dont fully understand why she has to do all of this and be this way, then you arent going to make it.
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sick-raven · 5 years
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Ghosts of the Present - Chapter 1
Batman fanfiction
Characters: Jonathan Crane, OC - Miranda Bradbury, Bruce Wayne, John Constantine, Jervis Tetch, Edward Nygma, Clayface, Ra’s al Ghul, Waylon Jones
About: Miranda Bradbury has gotten her life together with help of magic and Jonathan Crane. Now everything seems to go well in her life - she is happy and loved. But as it goes, happiness cannot continue forever. The League of assassins comes in Gotham and Miranda has new reason to fear for her life. Add Jonathan's constant paranoia to the mix, and you get one life-wrecking cocktail.
Author’s note: This story takes place roughly two months after Ghosts of the Past. Without that story it will hardly make sense, so read that one first.
Fair warnings: NSFW, violence, dubcon, less porn than last time, story full of miscommunications
Status: Finished, will post next chapters when in mood.
AO3
Chapter 1
Jonathan found Miranda standing at the window as many times before. As many times before, she looked at him with a faint smile and shook her head. So, he didn’t ask. It’s been two months since her nightmares started. As if the happiness she felt when the ghosts were finally locked up opened door to worse things.
First time she woke up next to him, she scared him. In the middle of the night, with a shout. She was shaking, cold sweat dripping of her face and Jonathan would swear he saw tears. Miranda never cried.
“Are you okay?” Jonathan asked. He had his fair share of nightmares back in the day. Murder of crows. Murder of granny. Her corpse stalking him, telling him he is dirty. That he should be pure in front of God. She will purify him.
He always felt like shit after.
“Yeah,” Miranda would answer massaging her ribs. “Just a nightmare.” Then she would leave to the living room. First few times he went after her and hugged her until the shaking stopped. Later he stayed in bed. He didn’t give up on her.
“It’s not worth it, Jonathan. Get some sleep.”
So, he didn’t comment on it today either. He just made her tea and went about his business. Miranda never told him what haunts her in the dreams and Jonathan didn’t pry. He would hate it, if she did it to him.
Miranda finally joined him at the table.
“Good morning.”
“Is it?” he responded.
“Better. I’m getting used to it. In no time, I will sleep like a baby,” she joked. She always joked when she was lost. That was one of her talents. Another one was she asked for help only when she was truly desperate. Normal things were okay, she always came to him with jar of pickles, as if she wasn’t the muscle in their relationship, but it looked like anything connected to ghosts or her past she grabbed and pulled in. She suffocated it inside herself like a dead rat rotting in her soul. Jonathan felt as if she was more open before Constantine grabbed her ghosts by the neck. The charm bound the ghosts and also Miranda’s tongue. Or maybe he imagined it. Maybe she never was truthful.
“That’s good,” he answered.
Jonathan hated this situation. First, he was psychiatrist. Talking to people was his job. Why was it so hard now? All he needed was to ask what was bothering her. Try to clarify. Sometimes just talking about it can shun away the trouble. Dreams weren’t that difficult to fix. Yet, he couldn’t get himself to try.
Second, he felt useless. He tried to help Miranda before and, in the end, she ran to get help elsewhere. Is this why she doesn’t ask anymore? He is not good enough, he understands mind, not magic. If the ghosts are acting up, he might never know. She would go after that face-stealing freak in trench coat who… who was able to help her, unlike useless Crane.
And third, he was worried. If she was still haunted, no telling what she will do. Her brain was interesting mix of patience, intelligence and blindness. One day she will get killed because she will act out in rush. Another shock like that he wouldn’t stand.
“Do you want to talk about it?” he tried.
Miranda, biting her thumb, looked surprised. Then smiled. “I think we should talk about more important things. Are we going formal or formal tonight?”
Very well, he will follow her wishes.
“Armed, but in all politeness.”
“Masks?”
“Yes.”
“Can’t wait,” she grinned. She’s been excited about tonight for a week. Jonathan didn’t understand the appeal, but he was happy to see her smile again.
“Just remember you are a bodyguard,” he reminded her.
“I will not embarrass you in front of the Legion,” she replied.
“Thank you.”
Miranda smiled into her cup. “Sorry I’m a mess. I promise I will get my shit together.”
“I don’t doubt that. Just know I am here to help.”
“Never forgot.”
Somehow, he doubted it.
***
Miranda never doubted Jonathan would hear her out, but what would that help against the reoccurring memory that woke her every night? It wasn’t even one of the worst ones, yet it made her tremble and cry.
Crying was so freeing after emotionless years and yet it made her feel ridiculous. She locked away the bastards, she nearly overdosed on Jonathan’s medication and it snapped something inside her. No more following the League’s training, no more closing herself down. With pain in her heart she let emotions free and… She felt once again. Feeling…
Miranda was sure feelings unlocked her nightmares.
Five or six, that’s how old she was when this happened. The dream showed her scenes, but she remembered more vividly. Every time she woke from it her memory jogged and filled the gaps the dream left uncovered. It eased it and made it worse at the same time as her mind started racing, not allowing her to go back to sleep.
Little girl ran from the kitchen holding a piece of bread she stole. She climbed out of window and aimed up. Roof was the only place she felt safe at. Nobody ever looked for her there. Cold wind and snow were hitting her face as she was getting higher.
Shouting in the house let her know she will be spanked or worse when they find her. But any punishment is fine as long as you face it with full stomach, that’s what she learned. Yelling, beating, the ugly fat fuck and his whips, none of that hurt as bad as starving.
Feeling like a winner she reached the top of the house. Warm feeling in her chest, happy she got away with it again. She wasn’t good for nothing spawn, she could take care of herself!
Master stood there, waiting with cold stare in her brown eyes. Her short black hair showed first signs of grey and that made her look even more strict. The girl froze, her throat stiffened, the fear ran through her spine. Feeling of victory was gone.
“Unbelievable,” said the master in calm voice that she used before punishments. “You are stupider than I thought, girl.”
Master kicked the girl in the face.
The cold surface of roof slipped through girl’s fingers.
Miranda was falling.
She woke up with a scream and loud crack noise in her ears.
You cannot fight memories, you just have to let them weaken. The impact will disappear in time. A question still hoovered over her. How was it so significant that it made her doubt? Just because of this memory she hurt again. Not only herself but also Jonathan. She had ton of memories that shook her bones even awake. Why the fall?
“Stupid girl can’t figure it out, as I expected,” she heard voice of master in her head.
“I would love it if you shut the fuck up,” Miranda answered.
“What?” asked Terry.
Miranda sighed annoyed over herself. “Sorry, just arguing with the voices in my head.”
Terry shook their head. They got used to Miranda’s occasional weird behaviour. She always talked to herself when she thought nobody is looking and sometimes it slipped in front of other people. “Have you considered shrink, boss?” Terry suggested while putting stuffed bears into the shelf.
“Yes.”
“I mean normal one, not your boyfriend.”
“You are on thin ice, Terry.”
“Sorry, just looking after you.”
Miranda stayed quiet, she didn’t want to snap at Terry. After the rough start they got along well. Terry relaxed a bit, Miranda even invited them for dinner at her place. That turned out to be horrible idea, because Jonathan used it as an excuse to interrogate Terry. Person tries to kill you once and he won’t let it go!
“Just poke me when I get lost in thoughts again,” Miranda said.
“Can do. Hey, boss. Would you mind if I took Saturday off?”
Miranda frowned. “Why?”
“I might have a date, if you let me.”
Saturday was the worst possible day. Miranda needed to be someplace else. “Can’t you do Friday?”
“No, sorry.”
Miranda sighed and waved her hand. “But you have to work twice as much today, get it?”
“Thanks, boss!”
“And give me their name so I can make sure they are good for you.”
“No way,” smiled Terry and Miranda relaxed a bit. World was running as it should have. Her stupid nightmares cannot ruin what she built. There is nothing to fear but fear itself, that’s what Jonathan taught her. Saturday was far  enough, she will figure something out.
Now she just has to focus on her evening.
***
“Remember, just a bodyguard,” Jonathan reminded her as they were getting ready to go for the big meeting. Miranda made sure her weapons were well conceived. Getting accused of potentially trying to kill your co-workers was not on the list tonight.
“You say it like last time it was my fault. It takes two to rodeo, you know,” she replied.
“Therefore, I expect you will be the reasonable one today.”
Miranda grinned. Sky will fall before Jonathan accepts any mistake. Even though – could they call it a mistake? Embarrassment for sure, but nothing bad happened!
“I doubt Legion of Doom meeting will have alcohol.”
“Can we not discuss this now?”
Jonathan was awkward about it while Miranda thought it was hilarious. Long story short, two weeks ago there was a party at Iceberg Lounge. Even there Miranda went as a bodyguard. This created one big gossip – Jonathan was always a solo player and now he needs a bodyguard? The worst was Edward Nygma, or, as Gotham called him, the Riddler. The whole evening he walked around Jonathan with stupid comments.
“Has Scarecrow kidnapped a girlfriend?” “Johnny Boy has to pay?” “That potato sack sure brings ladies in.” “Riddle me this, who is scary virgin?”
Miranda was ready to slice his throat, but Jonathan stopped her with the calmest look possible. “It’s okay. Edward stoops to insulting when he runs out of riddles a five-year-old could solve.”
That ended up with both men bickering like two little kids. And then drinking vodka as a peace offering, as they set their differences aside with: “I like your girlfriend,” and: “Your riddles aren’t stupid.” Miranda joined them during fifth or sixth shot, because they insisted the lady cannot fall behind. Arguably, she was the most sober one and she also remembered the most.
Long story shorter – Jonathan and Miranda got pissed drunk and ended up making out by the entrance to the Lounge so pretty much everyone saw them. That finished Jonathan’s tries to take it easy, stay secret, don’t embarrass each other in front of other rouges.
Good thing he didn’t remember the fact they hid in janitor’s closet for a quickie and when they left, Nygma was leaning on an ash tray by the toilets, shitfaced, clapping slowly.
At least he stopped joking around. Miranda wondered whether he remember more than Jonathan. Erasing all security cameras feed next day was the best thing she could do anyways.
So, yes, they should definitely avoid doing this at Legion of Doom meeting.
“Legion meets only so often. If someone needs professional help, a team of specialists. Anyone can find henchmen, but sometimes you need bigger guns. Not anyone can summon the meeting, just few members have that power,” Jonathan explained to her when he got the invitation.
“Do you?”
“Oh no, I am low level. B-list villain, if you will.”
“For me you will always be A league.”
She loved how he smirked at compliments.
So, today was the big day. As they rode in elevator, Miranda got a bit nervous. She’s heard a lot about Legion of Doom. They were villains allied against Justice League. When they did something, it was huge. Who will they meet there? Joker? Luthor? Some other cool guy?
The elevator door opened into a small conference room. Miranda lost her breath. She expected big but not this big.
At the table sit giant man covered in scales. His face was deformed, jaws with sharp teeth covered in blood as if he just returned from lunch and the lunch was live chicken.
Jonathan paid no attention to that abomination. He sat at the table. Miranda followed his example and she stood beside him scanning the rest of the room. Except for giant… crocodile?... there were several of Gotham’s worst. She didn’t recognize everyone – there was Poison Ivy, she looked as if she didn’t want to be here. And Edward Nygma, he smiled and winked at Jonathan when they entered, but he didn’t say a word. The rest of people she didn’t know. There was this small guy in a top hat whose eyes frantically looked around the room. Another one was very plain woman – something Miranda aimed to be, invisible for naked eye. Uninteresting. Maybe they were unknown bodyguard and henchmen like she was. Or they didn’t cause mayhem while she lived in Gotham. Miranda wasn’t here long enough to read about every B-list jerk.
They all sat there in silence for good twenty minutes. Finally, Nygma couldn’t take it anymore.
“Does anyone know who summoned us here?” he said in annoyed tone of voice. “I have more important matters than to sit here.”
“No,” answered Poison Ivy. “Invitation came in normally.”
“Do friends want some tea?” asked the top hat man.
“I don’t have time for this,” grumbled the crocodile man. “I’m hungry!”
“Biscuits?”
“I will bite your head off!”
“Calm down, Waylon. Let’s give it five more minutes,” decided Jonathan.
“In five minutes I will eat your face, crow man!”
“I want to see you try, Croc. I will make you shake and cry like a toddler.”
“Everybody just wait it out,” the uninteresting woman said. “Waiting is part of the big play, to see if we are worth it.”
“Screw that,” Nygma smirked.
Do you see that, Miranda? That’s why bad guys work alone. Only crazy people would force them to cooperate. Jonathan is not insane, if something stupid is suggested, he won’t take it, right? She couldn’t imagine working with neither of these. Maybe Poison Ivy, but her hate towards humans would make the cooperation impossible. She just sat there, arms folded, didn’t join the arguing. Miranda would love to have her indifference right now. Legion of Doom seemed more like Legion of Fools.
The clock was ticking, and it already seemed like they will just give up and leave, when the elevator dinged, and the door opened.
Miranda nearly screamed. It took every muscle and brain cell to force herself to stay calm. Don’t run! Don’t move a fucking muscle, Miranda! shouted voice in her head.
Aaaaaaaaaaaaaaaa! shouted the other voice.
And between them the master chuckled like some sort of Bond villain.
A man walked in the room. The bickering stopped and everyone was watching him. He stood at the table and looked at every attendant there. Miranda stopped breathing when their eyes met. I will die!
But he continued looking around as if Miranda was just regular part of the room. Just another piece of furniture. Boring.
Calm down, Miranda. He has no idea who you are.
She knew exactly who he was though.
Ra’s al Ghul. The Demon’s head. The leader of the League of assassins.
Miranda looked at Jonathan. He didn’t seem phased by the entrance of one of the most dangerous men alive at all. Frankly, she never told him what organization she used to be part of, but he should also freak out. Everyone should cry for mercy! How are they so calm?
“Finally,” said Edward. “I thought we will die here of boredom.”
What the fuck, Nygma!? Do you want to die!? You should kneel and hope he will not chop your head off!
Calm your tits, Miranda!
Aaaaaaaaaaaaaaaaaaa!
“I apologize for the lateness. Gotham traffic is disgusting, just like this city,” said the Demon’s head. “I will not hold you much longer. I have a job for each of you.”
“Is this job worth calling Legion of Doom meeting?” questioned the plain lady.
“It requires work of you all. It will move the foundation of the city itself. Of course, you will be rewarded if glory and change isn’t on your bucket list. If you mind.” He handed out envelopes to each of them. Jonathan opened his. Miranda felt the need to look over his shoulder. Just a bodyguard! She didn’t do it.
Nygma chuckled. “How do you want to compensate us for this?” he waved the paper. “I’m not your soldier, I am not suicidal.”
“Read it all before asking any questions,” said Ra’s.
With shit-eating grin Nygma read the rest of the letter. His eyes followed the lines of text and lower he got, the more shocked his expression grew.
“What is this shit?” growled Waylon.
“Your task and your reward,” Ra’s stated the obvious. “I am sure you all know what I am offering. No secret stays safe in Gotham. I need your answer now.”
“I’m in,” said Jonathan without a second to think about it. Miranda bit her lip under the mask. In!? He will cooperate with the Demon’s head!? Is he really insane!?
Aaaaaaaaaaaaaaa!
“Me too,” agreed Nygma. “I will show him for the last time.”
One after one the rogues agreed to help Ra’s al Ghul. Even the giant crocodile grinned big, his teeth slimy like a fish. “I like easy jobs.”
And Miranda stood there not ready to die.
***
The world was in mist. Miranda’s mind blank. She had no idea how they left the lair or how she got to Jonathan’s place. As if the body wasn’t hers and some outside force was leading her steps.
“So, what do you think about the Legion? Did it fulfil your expectations?”
Miranda blinked.
And ran to the bathroom to throw up
Next chapter
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aretia · 5 years
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Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
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With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
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Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
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Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Source: https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
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advertphoto · 5 years
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Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
youtube
With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
youtube
Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
youtube
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Child Support And Imputed Income
Real Estate Lawyer Morgan Utah
Tax Forms Law
Custody Arrangements
Criminal Defense Lawyer Midvale Utah
Can I Contest My Father’s Will?
Source: https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
0 notes
asafeatherwould · 5 years
Text
Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
youtube
With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
youtube
Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
youtube
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Child Support And Imputed Income
Real Estate Lawyer Morgan Utah
Tax Forms Law
Custody Arrangements
Criminal Defense Lawyer Midvale Utah
Can I Contest My Father’s Will?
Source: https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
0 notes
melissawalker01 · 5 years
Text
Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
youtube
With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
youtube
Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
youtube
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Child Support And Imputed Income
Real Estate Lawyer Morgan Utah
Tax Forms Law
Custody Arrangements
Criminal Defense Lawyer Midvale Utah
Can I Contest My Father’s Will?
from Michael Anderson https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/189676000135
0 notes
michaeljames1221 · 5 years
Text
Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
youtube
With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
youtube
Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
youtube
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Child Support And Imputed Income
Real Estate Lawyer Morgan Utah
Tax Forms Law
Custody Arrangements
Criminal Defense Lawyer Midvale Utah
Can I Contest My Father’s Will?
from Michael Anderson https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/12/15/can-a-first-offense-dui-be-dismissed/
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Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
youtube
With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
youtube
Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
youtube
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Child Support And Imputed Income
Real Estate Lawyer Morgan Utah
Tax Forms Law
Custody Arrangements
Criminal Defense Lawyer Midvale Utah
Can I Contest My Father’s Will?
Source: https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
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mayarosa47 · 5 years
Text
Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Child Support And Imputed Income
Real Estate Lawyer Morgan Utah
Tax Forms Law
Custody Arrangements
Criminal Defense Lawyer Midvale Utah
Can I Contest My Father’s Will?
from https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/can-a-first-offense-dui-be-dismissed
0 notes
coming-from-hell · 5 years
Text
Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
youtube
With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
youtube
Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
youtube
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Source: https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
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Can A First Offense DUI Be Dismissed?
I have been arrested for a DUI should I hire a DUI Defense Attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as a result of this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a DUI defense attorney.
Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.
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With a few exceptions, all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a DUI Defense Attorney who specializes in this type of case and knows the ins and outs of your state’s laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.
No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Utah DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Utah Law
The state of Utah has specific laws concerning a first-time offense for Driving under the Influence. According to Utah State Law, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Utah is .05 percent.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the soberest drivers. The officer may also give a Breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station. Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
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Also, at this point, your license will be suspended temporarily. You will have 10 days from the time of the arrest to request an administrative hearing with the Utah Department of Highway Safety and Motor Vehicles (DMV). Failure to meet this requirement will potentially lead to a one-year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions, and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period of probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Utah gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:
1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course, you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
youtube
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence. With thousands of travelers visiting Utah for vacations and even more residents, Utah laws contain harsh penalties for anyone caught driving under the influence of alcohol or drugs on roads and highways throughout the state. In the event that a blood, urine, or breath analysis reveals that a driver’s blood alcohol content (BAC) is over.08, the individual will be arrested on a DUI charge, sometimes known as DWI. The majority of offenders charged with DUI are facing their first offense, but the consequences for even a singular DUI charge are very serious.
Any drunk driving arrest will immediately suspend the driving privileges of the alleged offender. This suspension is an administrative process through the DMV and is separate from the criminal proceedings. The outcome of the criminal trial could lead to an extension of this suspension, but offenders can request a hearing to have their driving ability re-instated while awaiting their court date.
Offenders also face the real potential for time in prison. Even a first DUI conviction could result in up to 6 months of jail time, although a BAC of.016 could increase this sentence to 9 months. A probation sentence may be assigned in lieu of or in conjunction with a prison sentence. If no jail time is assigned, the offender typically will face 12 months of probation, with a possibility of early dismissal or probation after 6 months if certain conditions are met. An attorney can be key in negotiating the terms of prison or probation for defendants, as these arrangements vary between cases.
Community service is also a mandatory factor in sentencing DUI charges. For a first drunk driving conviction, the offender must serve at least 50 hours of community service, or the hours can be bought out for $10 each. Buying out hours typically may only be applied to half of the sentenced hours in Utah courts, however.
In many situations, the offender’s vehicle will be immobilized or impounded for at least 10 days. This amount cannot be served concurrently with jail time, meaning that if you serve a sentence and are then released, you will then be unable to drive your vehicle for 10 days.
A mandatory term of license suspension also applies to DUI charges. For the first offense in Utah, this suspension may last from 6 to 12 months. Some individuals may be eligible for a hardship license, which allows driving abilities for those in certain situations after completing DUI School and an alcohol treatment program.
With so many potential penalties on the line, it is easy to see that even a first DUI offense can greatly disrupt any person’s life. These consequences become even more severe for subsequent offenses, but Utah law is meant to deter both citizens and visitors from driving under the influence of alcohol even once. No matter how inconvenient it may seem to avoid driving after a drinking situation, it is worth it to avoid the risk of harming others and the potential threats to your future.
Utah DUI Lawyer Free Consultation
When you need a Criminal Lawyer for a DUI case in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with Driving Under the Influence cases; fraud cases; drug crimes and much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
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Tax Forms Law
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Can I Contest My Father’s Will?
from Michael Anderson https://www.ascentlawfirm.com/can-a-first-offense-dui-be-dismissed/
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How Cynthia Nixon Changed the New York Cannabis Game
Tricia Romano of Leafly Reports:
On a balmy summer night in late June, the lobby of Galvanize, a chic urban workspace in New York City’s SoHo neighborhood, was filled with young, fashionable women, many donning high heels, sharp dresses, and clutching stylish purses. They were there for a fundraising event for Cynthia Nixon, hosted by a group of cannabis industry leaders in New York City.
'I am Cynthia Nixon,” said the actress-turned-politician, 'and I am the cannabis candidate for New York governor.'
If you squinted, it looked like the kind of crowd that Miranda, her character in Sex and the City, would have hung out with. In reality, though, it was the kind of a celebratory meeting of two rising forces in New York: the city’s hip, young cannabis entrepreneurs; and the television star who suddenly became a serious candidate for governor of New York.
Stars of the industry circulated around the buzzing loft-like space: Lynsey Ayala, creator of the Brooklyn craft botanical line BreadxButta; Marta Freedman and Charlotte Palermino, founders of the cannabis media startup Nice Paper; Mae Karwowski, founder of the marketing tech firm Obviously; and Women Grow pioneer and former CEO Jazmin Hupp.
Unlike some of the other “Cynthia for New York” events I’d attended over the past few months, the crowd had a real energy and excitement to it. Many of the organizers and attendees were women, and there was an upbeat buzz about a female candidate on the side of the cannabis industry. If there was any doubt about that, Nixon erased it with her opening line.
“I am Cynthia Nixon,” she said, taking the microphone to raucous cheers, “and I am the cannabis candidate for New York governor.”
That’s something her opponent, two-term Gov. Andrew Cuomo, has never said. It is a phrase that has likely never crossed the lips of any serious candidate for governor in the 230-year history of the Empire State.
She may not beat Cuomo in the Democratic primary on Sept. 12, but Cynthia Nixon has changed New York.
Four years ago an obscure law professor and political activist named Zephyr Teachout challenged Gov. Andrew Cuomo in New York’s Democratic primary. She had a surprising modicum of success, garnering 34 percent of the vote.
Teachout’s performance opened a wormhole in progressive circles in New York. If a no-name (if oddly named) challenger could cut into the base of a powerhouse like Cuomo, who many regarded as being too satisfied with the status quo, maybe a well-liked celebrity with rich friends could do her one better.
Using celebrity to get past the gates is a move straight from Donald Trump’s playbook, of course. But instead of using her star power to inflate her ego, Nixon has used it to illuminate causes that many traditional politicos would not touch.
High on that list is the legalization of cannabis. Though New York state passed a highly restrictive medical marijuana law in 2014, it has yet to go the Full Monte and legalize it for adult use. When asked why the famously liberal state lagged on the issue, most observers pointed to one person: Andrew Cuomo.
The Gov’s Old-School Thinking
An old-school Democratic tough-on-crimer out of the Clinton mold, Cuomo has long been an icon of past-generation liberal thinking on cannabis. New York’s voters and state legislators had to drag him kicking and screaming to allow an ultra-strict medical marijuana system. He didn’t like it, he doesn’t want it, he barely tolerates it. Adult-use legalization? Fuhgettaboutit.
Then, in March of this year, Nixon announced her candidacy. Almost from the beginning, she hammered away at the injustice and nonsense of New York State’s cannabis laws. “I’m absolutely for the legalization of marijuana,” Nixon told Wendy Williamson April 11. “Let’s capture some of that revenue.” When she got knocked for advocating on fiscal grounds alone, she posted a YouTube video to clarify her position:
‘Stop Putting People of Color in Jail’
“There are a lot of good reasons for legalizing marijuana, but for me, it comes down to this: we have to stop putting people of color in jail for something that white people do with impunity,” Nixon said.
“Eighty percent of the New Yorkers who are arrested for marijuana are black or Latino despite the fact that whites and people of color use marijuana and roughly the same rates. The consequences follow people for the rest of their lives making it harder for them to get jobs or housing and for non-citizens putting them directly in the crosshairs for deportation,” she said, pivoting and putting Cuomo in the crosshairs.
“If there was more political courage coming out of Albany we would have done this a long time ago. The simple truth is for white people the use of marijuana has effectively been legal for a long time isn’t it time we legalized it for everybody else.”
In response, Cuomo said—and did—nothing.
Who’s the Progressive Champion?
In April, New York Magazine put Nixon on its cover, declaring that “Cynthia Nixon Has Already Won.”
She repeated the line that would become etched as a campaign mantra: Cuomo “presents himself as a progressive champion, but really nothing could be farther from the truth.”
Nixon continued to hit Cuomo on the issue, on Twitter and in the media. As late as 2017, Cuomo proclaimed cannabis a “gateway drug,” even as more states proved out the success of legalization—and more than 20,000 New York State residents suffered arrest and incarceration due to prohibition. In early 2018, Cuomo signed off on a Department of Health study of legalization, due at the end of the year. “It is a hotly debated topic, pardon the pun,” he said, despite the absence of a pun, “and it would be nice to have some facts in the middle of the debate.”
Nixon preferred straight talk.
“Most Americans now agree: the war on drugs is racist and expensive. If we can admit that, then we can admit that it’s on our government to repair the damage done to communities of color across our country,” she wrote on May 7.
Cynthia Nixon✔@CynthiaNixon
 · May 7, 2018
Hey, @thereval. I hear you. Let me share my thoughts on the issue. https://twitter.com/TheRevAl/status/993481594198519808 …
Cynthia Nixon✔@CynthiaNixon
There's no way legalizing marijuana would be a remedy for the legacy of slavery & Jim Crow. But when it comes to repairing the wrongs of a racist drug war, we've got to make sure black and Latino communities are prioritized in the new legalized industry. https://www.theguardian.com/us-news/2017/jun/15/legal-marijuana-industry-racism-portland-jesce-horton …
3:29 PM - May 7, 2018
 A billion-dollar industry, a racist legacy: being black and growing pot in America
What does it take to succeed as a young black entrepreneur in a sector largely dominated by white men seen as daring trailblazers?
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As governor, she vowed, it wouldn’t be just “rich white men who make billions off a product that sends thousands of black people to jail. We’re going to create jobs and opportunity in the communities most devastated by the racist War on Drugs.”
The Nixon Tour: Hit-n-Miss
Over the summer, I went to a number of “Cynthia for New York” events in New York: one in Bronx which was supposed to be a launch for her thousands of volunteers setting out to collect signatures; an unveiling of her education policy (24 pages long) at the Borough of Manhattan Community College; and a multi-group rally outside the New York Public Library advocating for affordable housing. Some of the events lacked the energy and buzz that would be expected from Nixon’s glowing press. At the event in the Bronx, which was, politely speaking, underattended, I asked a reporter if Nixon had grassroots support, and he replied… “—ish.”
Nixon’s public events were tightly orchestrated by her handlers. Groups of people showed up more to see the TV star and hear what she had to say, and less to show their unabashed support. I didn’t get the feeling that New York loved the prospect of Cynthia Nixon as governor, so much as the state’s denizens were meh on Cuomo.
At the cannabis industry fundraiser in SoHo, many of the curious and the skeptical came away impressed.
When Tanya Osbourne, founder of CannaDiva and the New York market leader for Women Grow, said that when she heard Nixon was seriously running, “I had a little puzzle face on.” She had initially written off the former Sex and the City star as just another trying on a role in politics. But Osbourne got on board after hearing Nixon talk about cannabis.
Cannabis isn’t her only issue.
“What really struck me for her was her language,” Osbourne told me. “She was using language that other people weren’t using. It was just really forthright about the disparity between black people in the industry and non-black people in the industry,” which resonated with Osborne as a woman of color.
Nixon was “talking about how this market is going to be eaten up by the people who can afford it the most without saying the obvious.” The obvious being the fact that rich white men in legal states are now getting richer doing what poor black men have been arrested for doing since the late 1930s.
“She was just speaking the truth,” Osbourne added, “and I could get behind somebody who was actually using the language that is just the truth. Black people are underrepresented in the market and if you are rich white male you will probably be able to own a dispensary, have a billion companies—and then the people that are in jail look like me.”
Cannabis: Political, Not Personal
For Nixon, cannabis legalization isn’t a personal crusade.
She talks easily and openly about how she’s sampled it in the past. “I tried it twice when I was in college,” she told The Cut. “It wasn’t for me, but I promised a number of people that when we legalize it in New York, I will give it another shot.”
Instead, she works in the tradition of legalization advocates like Rep. Earl Blumenauer (D-OR) and Rep. Tom Garrett (R-VA), politicians who work to end prohibition based on a variety of principles including social justice concerns, libertarian values, fiscal responsibility, and just plain common sense.
Like Blumenauer, Nixon unabashedly embraces the cannabis connection. Earlier this year she showed up at a 4/20 parade on April 20, added a 4/20 button to her site, and even gave away a Broad City bong with the help of Ilana Wexler and Abbi Jacobson, the two stars of the show.
Cynthia Nixon✔@CynthiaNixon
Here’s a sentence I never thought I’d be typing: You could win a bong signed by @BroadCity's @abbijacobson and @ilazer! This may not be a serious contest, but legalizing weed is no joke. So enter now: http://bit.ly/BroadCity4Cynthia …
1:20 PM - Jul 8, 2018
Going Where Cuomo Wouldn’t
For those staking their money and their careers on the cannabis industry in a state where it’s still not fully legal, Nixon’s outspokenness is personal. It’s a vote of confidence from a public figure who created the role of a strong, bold character on TV—Miranda was in many ways the least retrograde and most relatable of the Sex and the City characters—and then embodied that courage and strength in real life.
In June, Nixon spent much of her time on the campaign trail listening to people of color speak.
And she’s campaigning in ways that always seem to highlight the divide between herself and Cuomo. She uses her white privilege to speak out on behalf of people whose voices are rarely heard.
In June, she spent much of her time on the campaign trail listening to people of color speak. At one event in Bushwick, Brooklyn, Nixon sat in on a roundtable featuring about a dozen high school age kids at The Center for Popular Democracy. Though there were more members of the press than participants (one reporter from The Root remarked that the scene reminded him of covering Trump), it was one of the more compelling campaign events that she held in those early summer weeks.
The kids were all mostly high school aged, a diverse bunch in terms of race and gender. A few identified as trans and went by “they,” their pronouns carefully marked on name tags. (“Cynthia, Her/She.”)
Kesi Foster, a coordinator at Urban Youth Collaborative opened the floor. “Our school systems have put in place policies and practices that criminalize the normal behavior of young people. And that results in young people losing hundreds of thousands of days of instructional time because they’re being suspended. In the most kind of visceral stark outcome, it literally results in young people being pulled out of a classroom and pulled into a courtroom or pulled into our jails and prisons across the state.”
He rattled off statistics—black students represent only about 17 percent of the students across New York state, but they represent 44 percent of students that are referred to law enforcement, and concludes, “We know that having police officers in schools, it makes it more likely that students are going to be referred to law enforcement for normal youthful behavior as disorderly conduct and other minor infractions.”
Real Life in School
One by one, the students told Nixon about how they have to go through metal detectors to get to class, how they have to wait 20 or 30 minutes to get inside, how once inside it feels like they are in a jail, because the police are inside, eyeballing their every move, how their belongings are searched, how they need permission for the smallest things, to get something from the car, for instance. They tell stories about how roughhousing can viewed as a criminal activity by the police and how demoralizing it school as a whole is.
The students' stories illustrate Nixon’s point: Being caught with cannabis as a person of color leads to a domino effect that can hurt for the rest of their lives.
One student explained the psychological effects of so much police presence.
“If your first interaction is a police officer yelling at you to remove things or yelling at you saying,’ you should know better,’ all the rest of your day and sometimes the rest of your week—there’s just a lot of trauma that you’re holding in your body all day long.”
Nixon, wearing a dress with a suit jacket over it, listened intently, and nodded her head earnestly.
Anooj Bhandari, who works with Make the Road New York as a Restorative Justice Coordinator, told a story about two students who were given summonses at school for marijuana possession. To fight the charges, they needed to be in court the same day as an exam required for graduation.
“When we think about the options that are given to young people in those moments, it’s choose: do you want to either have a warrant out for your arrest or do you want to try to move closer to graduation?” he said.  “If those are the options that we’re providing for young people, like we’re failing that as, as a system of education.”
It’s a concrete example of Nixon’s point about marijuana and legalization—how being caught with cannabis as a person of color leads to a domino effect that can hurt a person for the rest of their lives.
Optimism in the Air
At the SoHo party, which is more glitz and glamour than Social Justice Warrior, there’s a hum of optimism in the air. Yes, some of that optimism is due to dollar signs—if cannabis is fully legalized, there are a million potential avenues for revenue, new businesses and new technologies to be developed. But, the difference is that in a state like New York, that money, and all that possibility can actually go to the communities of color that Nixon has vowed won’t be left behind under her watch, should she be elected.
'Her vision for New York is beautiful.'
Lulu Tsui, Co-founder of cannatech company Revel
In many of the legal adult-use states, the majority of the population is heavily white. Washington and Oregon, for instance, have populations are more than 80 percent non-Latino white. In Colorado, white people comprise 69 percent of the population. But New York state and New York City, where many of the business owners in a legal market will be located, is much more diverse, with more than 64 percent of the population comprising of people of color —black, Asian, Latinx, and Hispanic.
It’s unlikely that Nixon will overcome her tremendous disadvantage in the polls, despite a scrappy debate against the governor last week. But in early summer, there was still a glimmer of hope in the crowd at Galvanize.
One of the hosts, Lulu Tsui, a cofounder of the cannatech company Revel, was impressed with Nixon’s solutions. Those included pushing for automatic expungement of cannabis arrests, for instance. “I think it was a really great first introduction to having a conversation about cannabis, “ Tsui said. “Just having that time and have her speak and tell us what she believes in, what she envisions.”
“And,” she says, “her vision for New York is beautiful.”
Tricia Romano is the former editor in chief of The Stranger. She previously worked as a staff writer at the Seattle Times, and has been published in the New York Times, Elle.com, Rolling Stone, the New York Post, New York magazine, Slate, Grantland, Spin, and Salon. She covered underground culture in New York City for the Village Voice for eight years in her column “Fly Life.”
TO READ MORE OF THIS ARTICLE ON LEAFLY, CLICK HERE.
https://www.leafly.com/news/politics/how-cynthia-nixon-changed-the-new-york-cannabis-game
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