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  • Speeding Tickets and The S.T.O.P. Class

    9/21/20114:46:11 PM Link 0 comments | Add comment

    attorney, Auto, criminal, criminal defense, Criminal Defense Lawyer, DMV, license, speeding, STOP class, ticket

     

     

    STOP Class.  Pretty much everyone has heard of STOP class.  You take it if you receive a traffic ticket and are eligible, and completion of the class keeps the ticket off of your driving record.  STOP class is a good idea when available because not only does it end up in dismissal of your ticket, it keeps points off of your driver's license.  Every traffic offense results in a specified amount of points on your license (i.e. a DUI conviction is 6, speeding tickets are usually 1-3, etc.).  If you receive 12 or more points in a two-year time frame, your license gets revoked by the DMV.  What many people don't realize is that STOP class can be given as part of your sentence by the judge regardless of whether you have recently taken it or not.  And, anytime you take the class, the points from the traffic infraction are not assessed on your license.  If you are someone who has a terrible driving record and is at risk of accumulating 12 or more points, you should speak to your attorney about the STOP class as an option at sentencing.

     

  • I Received a DUI. How Will My Insurance Rates be Affected?

    7/26/201110:31:49 PM Link 0 comments | Add comment

    attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI, insurance

     

    The short answer is your rates will go up.  When your insurance rates go up depends on when the insurance company finds out that you were arrested for Driving Under the Influence.  Most insurance companies run checks every so often, but even without the insurance company running a check on your driving record, they will often find out because you will be forced to tell them.  In Nebraska, once your license is revoked by the Court for a DUI conviction, you are required to obtain SR-22 insurance before you are eligible for reinstatement.  SR-22 insurance is actually not insurance, but rather a filing whereby your auto insurance carrier supplies the state with proof that you have insurance on your vehicle.  Following your DUI license revocation in Nebraska, you will typically be required to carry SR-22 insurance for three years following your license revocation.  If you have any questions about license revocations and SR-22 requirements ask your lawyer or contact the Department of Motor Vehicles.

  • I have been charged with Driving Under the Influence (DUI/DWI). What happens to my license? When will I be able to drive?—A brief review of Work Permits and the Interlock Device in Nebraska.

    12/25/20091:36:17 PM Link 0 comments | Add comment

    ALR, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI

    In a previous post, I discussed what happens when you have been charged with DUI and the general processes one goes through.  One of the previous things discussed was license revocations/suspensions.  Again, if you have been charged with DUI/DWI, the first thing you should do is speak to an attorney.  

    When you are convicted of DUI in Nebraska, either at trial or by pleading guilty, you are dealing with two separate license revocations/suspensions: (1) Administrative License Revocation (ALR) through the Nebraska Department of Motor Vehicles (DMV) and (2) license revocation, suspension or impoundment by the Court.  You are entitled to attorney representation throughout both of these processes.  Often times both license suspensions will run concurrent (at the same time).

    In Nebraska, there are basically two options for driving during your license suspension: (1) a Work Permit and (2) the Interlock Device.  Most lawyers/attorneys prefer their clients opt for the interlock device if they can afford it.  The reasons many attorneys, including myself, prefer the interlock device to the work permit are that the interlock device is much more flexible than the work permit, and the interlock device can keep points off of your drivers’ license.

    The interlock device provides much more flexibility than the work permit.  A work permit only allows a person to drive to and from work.  If a person has more than one place of employment, they must register a work permit with each and every employer.  Also, as mentioned above, the interlock device keeps points off of your drivers’ license.  If a person acquires twelve or more points on their license within any two-year time period, their license will be revoked by the DMV; use of the interlock device can keep these points off of your driving record.

    The work permit does, however, have some advantages to the interlock device for someone who is facing a DUI.  First, a person facing a DUI charge and serving an ALR suspension is eligible to receive a work permit before the person charged with DUI goes in front of a judge.  On a first offense DUI in Nebraska, the person cited can apply for a work permit once they have served the first thirty days of their ALR suspension with the Nebraska DMV, compared to the interlock device which must be ordered by the Court as a term of probation.  Second, a person charged with driving under the influence is only required to maintain SR-22 insurance during the duration of the work permit, whereas someone using the interlock device is required to keep an SR-22 certificate on file for three years.

    The bottom line is there often are available options for driving during portions, if not all, of your license suspension/revocation.  What options are available to you depends on the facts surrounding your situation.  After you have been cited for DUI, speak to an attorney as soon as possible to discuss what is best for you.

  • Nebraska DUI/DWI Overview--I been charged with Driving Under the Influence. What happens now?

    12/8/20099:41:59 PM Link 0 comments | Add comment

    ALR, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI

    When you receive a DUI/DWI in Nebraska you are dealing with two separate processes: (1) the Department of Motor Vehicles (DMV) Administrative Loss Hearing (ALR) and (2) the State of Nebraska criminal justice system.

    First, let’s discuss the process of dealing with the DMV.  Whenever you have been cited for Driving Under the Influence, you face the possibility of the DMV suspending your license.  The time period for suspension depends on whether your license has previously been suspended by the DMV under the ALR process.  DMV license suspensions for first offenses are ninety days.  

    When you have been given a citation or arrested for DUI in Nebraska, you will be given at least three things: (1) copy of your citation or booking sheet from the jail, (2) thirty-day temporary license/notice/sworn report (typically yellow in color) and (3) request for ALR hearing form.  You only have ten days from the alleged date of the offense to request an ALR hearing by sending in the proper form.  If you do not request a hearing within the ten-day time period you waive your right to hearing on the matter, and your license will be automatically suspended for the requisite time period determined by the DMV.   The thirty-day temporary license form serves as your license for the thirty days immediately following your citation.  If you lose your ALR hearing with the DMV, your ninety-day license suspension will begin at the expiration of your thirty-day temporary license; if you win the ALR hearing you may continue to drive unless or until a judge orders your license suspended, revoked or impounded.  ALR hearings are held telephonically and only address the issue of whether probable cause existed that the person cited for DUI was in operation of a motor vehicle while under the influence of alcohol or drugs.

    Second, let’s discuss the criminal justice system.  When you are cited or arrested on charges of Driving Under the Influence, you will also face criminal penalties in state court. The criminal penalties you will face can be broken down into four basic categories: fines and costs; jail time; probation; and license suspension, revocation or impoundment.  What penalties you are facing depends on whether you have had any prior convictions for DUI and what your blood alcohol level was at the time of the offense.

    In Nebraska, the limit for alcohol in your system while operating a motor vehicle is .08.  If your blood alcohol level is .08 or greater, you will likely be cited for Driving Under the Influence; if your blood alcohol level is .15 or greater, you will likely be cited for what is called an aggravated DUI offense.  Aggravated DUI offenses carry greater criminal punishments than non-aggravated offenses.  In Nebraska, the punishment for a first offense DUI non-aggravated is either: (1) probation, $400.00 fine and sixty-day license revocation or impoundment; or (2) seven to sixty days in jail, $400.00 to $500.00 fine and six month license revocation or impoundment.  The punishment for a first offense DUI aggravated is either: (1) probation, two days jail time or 120 hours of community service, $500.00 fine and one-year license revocation or impoundment; or (2) seven to sixty days in jail, $400.00-$500.00 fine and one-year license revocation or impoundment.   Typically, a judge will order that your court-ordered license revocation period run concurrently (at the same time) with your DMV ALR suspension.  This means if you are suspended for ninety days by the DMV and sixty days by the court, your total license suspension/revocation will be ninety days.

    Offenses for Driving Under the Influence are very serious.  The statutes and regulations governing DUI’s are constantly changing.  Nebraska’s current DUI laws were enacted as recently as 2006, and new statutes governing the use of the ignition interlock device went into effect earlier this year.  If you have been charged with Driving Under the Influence make sure to consult with a licensed attorney.

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