Friday, October 29, 2010

Plano DUI attorney – Myths and Facts about DUI


There are so many myths about a DUI violation; if you have any questions about the legal ramification of a Texas DUI violation, it’s best to contact your Plano DUI attorney. If you get stopped while you are driving and an office stamps a DUI violation, you can be assured that it is serious. However, there are numerous misconceptions about what could or could not happen.

If you’re under the impression that it’s just another violation or a minor offense, you better think again because the legal penalties for DUI entail fines, jail terms, vehicle impounds, loss of license, and even career damage. There are some laughable myths about the difference between drunk driving, DUI and DWI. You’ll have to understand that all three violations are the same and point out to the fact that you have been driving around in an automobile after drinking.

People have been known to say that you can get a temporary driving license even if your license was canceled because of the violation, but it has to be clearly understood that no state in the US allows this, and once your license has been canceled for a specific term, you’re not allowed to drive. There is a common myth that plea bargains get a lesser charge and there are jury trials for this charge, but you’ll have to realize that even though lesser charge has been awarded for a few cases in different states, you can’t really count on it. As for jury trials for DUI charges, they don’t exist.

You can’t evade the law and escape the charges even if you’re from a different state because the state which has charged you hands you over to your home state and you’ll be facing charges there. However, it is possible to defend a DWI accusation with the help of a competent Plano DUI attorney.

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Monday, October 25, 2010

McKinney Defense Attorney – What can you get a MIP ticket for?

Irrespective of the situation for which you receive a minor in possession ticket for, it is best to hire the services of your McKinney defense attorney to deal with the charge. Due to intense peer pressure, teenagers sometimes find it impossible to avoid drinking or smoking in high school and college. If you’re in a party that requires you to drink and the police break up the show and ticket you, you’ll have to understand what you got this ticket for.

It is common knowledge that the US sets 21 as the legal drinking age and people who decide to break the law with the thought that they don’t need to wait that long, find themselves in trouble. If you have contact with any kind of alcoholic beverage, the police will ticket you. Texas has a no tolerance policy to minor in possession violation, and it’s important to abide by the rules. Even if you are found throwing a beer or wine glass into the trashcan, you can still get ticketed for it. Your presence in an alcoholic party could warrant a ticket too because the rules are stringent.
Mckinney, Texas water towerImage via Wikipedia
If you’re sitting a table and there’s a bottle of alcohol on top of the table, you’re liable to get a ticket. You might not be drinking any of them but you’ll get a ticket anyway, just because you were present in the scene with unattended cups of alcohol around you. The ticket basically has a date of hearing within the next 30 days before which you’ll have to decide if you want to contest the MIP or not. If you do decide to contest, you’ll have to understand what the MIP entails – the fine is usually around $500, and your license will be suspended till you turn 21. Several hours of community service follows, and the number of hours will be based on your past record. A McKinney defense attorney may be able to help you in reduction of sentence.
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Thursday, October 21, 2010

Frisco Criminal Lawyer – Authorized possession of controlled substances

A Frisco criminal lawyer would be able to tell you the difference between authorized possession of controlled substances and unauthorized possession of controlled substances. Texas Controlled Substance Act lays down a list of chemicals that are deemed as controlled substances because the renewed use of these substances could cause addiction and physical dependency.
It’s important to understand that there are five schedules of controlled substances; the use of three of those schedules is completely banned, while the remaining two are restricted because they are being used as anesthetics and pain killers in mainstream medicine.
A Cannabis sativa leaf.Image via Wikipedia
The ground lines for the authorized possession of controlled substances are these:

• Only people for whom the use of a controlled substance has been prescribed may possess it, and only in the container in which it was delivered. Unless he shows proof of being the owner, he’s committing a crime.
• No person is allowed to obtain a controlled substance by fraud, deceit, or subterfuge. Use of a false name and address entails punishment.
• The controlled substance can be used only for medical purposes and can be procured lawfully with the help of a prescription.
• A person who falsely poses as a manufacturer, distributor, practitioner, or any other person who can get access to a controlled substance is punishable by law.
• Anybody who forges a prescription or makes one of his own accord is punishable by law.
• The container in which the controlled substance is delivered has to carry the original labels. Under no circumstances can the container be falsely labeled or forged.

These basic rules are important and they should be kept in mind before you try to acquire a controlled substance container. If ever you are charged with unlawful possession of controlled substances, get in touch with your Frisco criminal lawyer.

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