Things You Should Know About Open Container Law

Opened Container LawEverybody wants a decent society to live in. We crave clean streets, educated children and a secure ambiance, which is why such measures like Open Container Laws in the United States are conceived. In the U.S. the presence of open containers of alcohol in certain public places is prohibited.

The concept of a public place is defined as a social place, indoor or outdoor, generally open and accessible to people. In this context, public areas such as sidewalks, parks and vehicles restrict the active consumption of alcohol. As a rule, bars and restaurants  do not fit in this category.

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Has your child been accused of a crime? Find out what you should know about Juvenile Crimes

Juvenile delinquency known as juvenile offending or youth crime is participation in illegal behavior by minors.

Criminal defendants who haven’t quite reached the age of majority (18 in most states) go through a different criminal justice system than the one most people are familiar with.

juvenile (1)Let’s find out the differences between Juvenile Proceedings and Adult Criminal Proceedings:

Juveniles commit “delinquent acts” not “crimes,” and juvenile offenders have “adjudication hearings” not “trials.” The punishment of juvenile offenders also differs significantly from the punishment of adult criminals. The purpose of an adult sentence is to PUNISH, when the purpose of a juvenile sentence is primarily to REHABILITATE the juvenile so that he can go on to live a productive adult life.

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The juvenile justice system is much different than the adult system and you need a lawyer who can give your child the best chances of success throughout the complex legal process.

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How Does The Criminal Justice System Work?

Criminal justice system is meant to control crime and prosecute those who violate laws. Asking yourself how does the criminal system work? Well, a case begins with:

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  • investigation of the crime by the law enforcement officers
  • gathering evidence to identify the perpetrator and use it against them
  • making an arrest
  • examination of the evidences by the court and determining whether the defendant is guilty or not
  • if guilty, the convicted party will go to prison or receive probation.

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Marijuana Leads To Increase In DUI Charges In California

Having to go to court for a plant might seem a bit much, especially when the plant we are discussing is marijuana. Understanding the laws of this popular plant is so complicated that even local law enforcement in the state of California can’t seem to understand how to handle this decriminalized herb. Marijuana leading to increase in DUI charges in California has become an issue to the court system and to the individuals receiving the DUI.

Most DUI cases end up leaving the defendant in jail for approximately 3 days while the judge gets to hear the case and decide what the sentencing will be. Facing legal actions for being high on a plant that is known to ease tension should be a crime itself, due to the fact that more and more doctors are being summoned to court after dealing with patients all day to clarify that the defendant is in fact under the prescription of marijuana, and is allowed to smoke this non harmful plant. Driving under the influence of marijuana according to the State of Colorado and Washington is an acceptable thing, and although the Feds never really approved the use of marijuana, state law seems to be passing all kinds of legalities that tells the individual how to operate after smoking marijuana. However, given that the plant has not been fully legalized in California, it is leading to the increase in DUI arrests.

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Drug Use. Why is it Illegal to Escape the Reality?

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One of the most widely-spread problem in the whole world are illegal drugs. This refers also to United States. When people get tired or bored of what they have, they want changes, and the easiest way for it is to use drugs. In addition to possession, manufacture and distribution of illegal drugs, drug use is also a crime.

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It is illegal to use following substances unless they are legally prescribed by your doctor for health reasons:

  • depressants
  • hallucinogens
  • narcotics
  • steroids
  • chemicals that are used in production of drugs
  • prescription medicines

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Warning! Potential Killer on the Road!

Driving under the influence is one of the most common problems in U.S. This is like a contagious disease, more and more people suffer from it and get arrested because of it. It doesn’t seem to disappear in the nearest future. Drivers should be conscious about the dangers they might cause to themselves and to the others while driving drunk.

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Speaking about drunk driving it is important to mention such notions as DUI and DWI. DUI means driving under the influence of alcohol or other drugs. DWI refers to driving while intoxicated or while impaired. Both of them are considered criminal offences. Not sure what impaired means? Generally you are considered impaired if your ability to drive safe a car or a motor vehicle is affected because of consume of alcohol, illegal drugs, medications such as painkillers or overdose of other pills.

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Drunk Driving or Alcohol Behind the Steering Wheel

Have you been arrested for drunk driving? Well, your case is not the only one. In 2011 over 1.2 million drivers were arrested in U.S. for drunk driving.

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Drunk driving refers to the process of operating a motor vehicle while the driver is under the influence of alcohol. This is also known as driving under the influence (DUI) or driving while intoxicated (DWI). In order to prove that you are drunk the police officer can administrate you the Breathalyzer test, if you blood alcohol concentration (BAC) is over a set limit, you are charged with drunk driving. In most of the cases the BAC limit is 0.08%. Another drunk driving tests are blood test, urine test and field sobriety test. If a driver refuses to submit such testing, it may lead to enhancement of imposed penalties.

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Beware, drunk driving causes death!

Drunk driving or driving under influence is a really dangerous and irresponsible act that people perform. After-party high spirit and good mood can turn into a tragedy for you, your family, for other people and their families because drivers with high blood alcohol content or concentration (BAC) are at a great risk of car accidents, roadway injuries and vehicular deaths.

DUI is a traffic offense and violation of the traffic law. If you are caught committing such an offense you will face really severe penalties. You can pay a monetary fine or you can be imprisoned. The penalties depend on the complexity of your offense.

 

However, the penalties do not bring such a grief as the accidents that occur because of driving under influence. According to www.madd.org, every 53 minutes on average, someone is killed in a drunk driving crash (9,878 people in total in 2011). Every 90 seconds, someone is injured because of this crime.

Edgar Snyder & Associates, a law firm representing injured people, has collected the following statistics:

United States Drunk Driving Car Accident Statistics (2009)

  • Three in every ten Americans will be involved in an alcohol-related crash at some point in their lives.

  • Of fatal accidents in 2009, 32 percent involved alcohol-impaired drivers.

  • In 2009, all 50 states, the District of Columbia, and Puerto Rico made it illegal to drive with a BAC of .08 or higher. Of the 10,839 people who died in an alcohol-related crash, 7,281 (67 percent) had drivers with BACs above the legal limit.

  • For fatal crashes occuring from midnight to 3 a.m., 66 percent involved alcohol-impaired driving.  Continue reading