How to expunge your DUI record

Most people just don't realize that they can clear their DUI record completely. Moreover, even if some states won't allow formal expungement of your DUI record, you still could keep it from showing up on background check reports from every single state.

I gonna recommend you a wonderful resource to learn some little known things about the DUI penalties and DUI laws in your State. This information will be interesting both in case you've already got a DUI record you'd like to expunge or if you were just arrested for DUI. There exists an immediate action pattern you must take, if you wish to save your driver license and then reduce the damage that might affect your personal life and career so that you'd eventually could clear the DUI from your car driving record completely. It's extremely important for everyone in distress to adopt the right attitude and focus on getting done with the distressing situation and proceed effectively protecting your record.

Have a recent DUI or drunk driving offense citation?
If you've just been pulled over it's absolutely critical that you get informed on how to protect both your freedom and your privilege of driving that involves your employment opportunities, auto insurance payments and let you escape from getting a serious criminal record.

Need assistance in handling your old DUI conviction record?
If you are a driver who has been having a DUI record for some time, then it means you already aware of the full scope of harm the incident of the sort can do to your personal life. It's like having you blacklisted for your entire life unless it is erased.

Yes, you still can minimize the damage DUI record causes to your social position, and there's no reason why you wouldn't fight to correct the situation so you could go ahead and stop being constantly frustrated by that old, but still recurring problem.

Read carefully the suggested summary to learn how the DUI Process Manual can save you from frustration, improve your life dramatically. Most importantly if can help you save huge sums of money during the DUI Process.

Just a little of what the step-by-step Guide to DUI record expungement tells:

• It offers a simple to follow plan ensuring you would pass the strictest pre-employment background check, should you be not eligible for your DUI record expungement
  
• Learn legal ways of pay little to nothing on the outrageously expensive SR-22 requirement. This piece of information alone could literally save you 100-s of your hard earned dollars per month!
  
• Complete step-by-step Guide leading you through the entire process of clearing your DUI record that can be followed from every state
  

Follow the link to learn the details



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Virginia DMV Is To Implement Facial Recognition System

New measures are taken to fight identity theft and fraud while using driver licenses. According to Virginia DMV officials, the new system will work only if drivers's photos on driver licenses are made in conformity with certain standards. Specifically, while being photographed for driver license a person should maintain a neutral facial expression, which means no smiling, no frowning etc. - in general doing nothing that could distort normal look of your face. Determining what's wrong is automated, and an error message is displayed, if the facial expression doesn't mean neutrality standards. In fact, you may smile slightly provided you don't show your teeth.

As of this time, it is already 37 DMV agencies nationwide that already use some sort of facial recognition/identification technologies, and the Virginia DMV is to be one of the next to have it implemented too. The new improvement has brought along certain inconveniences for applicants for driver license. If previously if was issued the same day you visited the DMV, now the new licenses and identification cards need to be processed and verified before being approved at the central DMV office in Danville and then sent by mail to the driver's home address with a delay of couple days.

Virginia DMV News

Starting 1 July 2009, a new law came into effect in Virginia prohibiting drivers to text message and send e-mails while driving a car or any other motor vehicle. The law was developed in response to ever growing trend to send text messages via mobile phone by car drivers on the road. Texting while driving means driver getting distracted from the process of operating motor vehicle, which statistically has resulted in the worst car accidents with many terrible human victims. According to the Virginia DMV Highway Safety Office, last year's 28,395 motor vehicle car crashes in the state have been attributed to driver distractions like texting, resulting in the overall of 114 fatalities and 14,480 injuries. Now that Virginia has joined 13 other states legally banning using mobile phone to send text messages while driving, there's a hope this dreadful trend could be curbed, if not put the end to. The new safety driving law provides that texting while driving is punishable by a $20 fine for the first time offense and by a $50 fine for a second time offense. Virginia DMV officials explained that the law provides exceptions covering emergency vehicle operators and drivers reporting an emergency. And, of course, you are allowed to text message if your car is parked.

Other queries: seatbelt law * identity theft * driver license virginia *

California's DUI Laws: ALS Process

The administrative license suspension process begins when a driver is cited for DUI. The driver license is taken on the spot by the arresting law enforcement officer if the driver:

* violates the civil per se laws (as shown in Table 1: .01% for drivers under 21; .08% for drivers 21 or over)
* refuses a chemical test requested by an officer

Licensed offenders are then served with a DMV order of suspension or revocation which serves as a 30-day license. The suspension or revocation takes effect in 30 days. Within 10 days from the citation date, drivers can request a DMV hearing. At the DMV hearing, only a limited number of issues may be considered. These are whether:

* the officer had reasonable cause to believe the driver was driving a vehicle with an illegally high BAC
* the driver was arrested (or "lawfully detained" if age 21 or less)
* the driver refused a chemical test or a preliminary alcohol screening (PAS) test
* the driver was informed that a refusal would result in suspension or revocation

ALS hearings are independent of criminal prosecutions. That is, proceedings and findings in one venue do not affect proceedings and findings in the other. For example, if a defendant's charges are dropped in court, this decision has no effect on the determination made at an ALS hearing. An important exception exists, however: a not guilty verdict in a criminal case overturns an ALS determination and its sanctions.

DUI Sanctions in California: Administrative License Suspension (ALS) System

ALS Sanctions

In addition to sanctions imposed as a result of a court conviction, DUI offenders face administrative license actions (suspensions and revocations) by the DMV. These actions are mandatory (the DMV must apply them on violators) and independent of any criminal penalties imposed by a court. Table 2 summarizes license suspensions and revocations imposed on DUI drivers.

DMV License Suspensions and Revocations

Nature of Offense	First	Second	Third (or more)
Driver Under 21, BAC .01% or more	1 year or more	1 year or more	1 year or more
Driver 21 and Over BAC .08% or more	1 year or more	1 year or more	1 year or more
Chemical Test Refusal	1 year	2 years* (Revocation)	3 years* (Revocation)

*This punishment for a second "test refusal" also applies
if prior offenses were for DUI or were DUI-related.

DUI Sanctions in California : Ignition Interlock Device; Probation

Ignition Interlock Device

For first-time offenders, courts may choose to impose the installation and maintenance of a certified ignition interlock device (which prevents a vehicle from being started if the driver has alcohol in his or her system). For second and other repeat offenders, the device is mandatory. Courts require the device from one to three years once the driver license is restored.

Probation

Court-ordered probation for DUI offenders lasts three to five years. During probation, offenders must not:

* commit any criminal offense
* drive with any measurable alcohol in their blood
* refuse to submit to a chemical test upon request
* fail to pay a fine, assessment or restitution

DUI Sanctions in California : License Restriction, Suspension and Revocation

A driver license can be:

* Restricted - limiting when and under what circumstances drivers can use a vehicle. Restrictions typically include: driving only to and from work or treatment, and as required by work; maintaining financial responsibility (insurance)
* Suspended - withdrawn for a specified period or until some required condition (such as financial responsibility) is met
* Revoked - terminated, requiring drivers to reapply for a license after their revocation period.

Commercial vehicle operators convicted of DUI have their license "disqualified," that is, they are prohibited from operating commercial vehicles. A suspension or revocation of a commercial license also applies to the driver's non-commercial license.

Courts can postpone the start of a DUI offender's license suspension or revocation period until after imprisonment. Postponement is typically applied to repeat DUI offenses, DUI offenses involving multiple victims, and hit and run convictions.

Drivers under 21 convicted of DUI (or alcohol-related reckless driving) have their licenses suspended for an additional one-year period, over and above the license suspension they receive for DUI. Drivers under 18 convicted of adult-level DUI (.08% BAC or greater) have their licenses revoked for: one year; until they reach 18; or the period prescribed for the offense-whichever of these three is longest. License reinstatement costs $100 and requires proof of financial responsibility. Youths aged 13-20 convicted of any alcohol-related offense (even those not involving driving) have their first license delayed for a year.

A Guide To California's DUI Laws

DUI Sanctions in California : Vehicle Impoundment and Forfeiture

The court can order that the vehicle of a convicted DUI offender be impounded if the offender is its registered owner. A judge can order that an impounded vehicle be forfeited - declared a "nuisance" and sold. Impounds can also be imposed on vehicle owners under 21 (even if not in the vehicle) if a driver or passenger of his or her vehicle is under 21 and illegally possesses alcohol.

DUI Sanctions in California : Fine, Penalty Assessment and Restitution; Treatment

Offenders are commonly ordered to pay three types of fines: an offense fine, a penalty assessment, and restitution.

* Misdemeanor offense fines range from $390 to $1,000; felony offense fines from $390 to $5000.
* Penalty Assessments are 170% of the offense fine, that is, $17 extra for each $10 of offense fine imposed
* Restitution fines compensate the injuries and losses of victims. Fines range from $100 to $10,000.

Treatment

Convicted DUI offenders may be ordered to attend and complete an alcohol and/or drug treatment program. Drivers suspended for a DUI conviction must complete a drinking driving treatment program prior to license reinstatement.

Repeat offenders granted probation must complete a program for a specified number of months.

Offenders receive no credit for program activities prior to the current violation.

California's DUI Laws: Jail and Prison Criminal Sanctions

A DUI conviction in California typically results in a mandatory sentence ranging from 48 hours in jail to four years in prison. The sole exception is for a misdemeanor first offense, where a judge can substitute a fine, require a treatment program and levy a 90-day license restriction.

Jail and prison sentences are extended for certain "enhancing" circumstances. (See Section IV for length of enhanced sentences.) Enhancing circumstances are:

JAIL

* driving at "excessive speed" (30 mph above the lawful freeway speed or 20 mph above the lawful speed on other roadways)
* refusing to take a chemical test
* driving with a minor passenger (under age 14) in the vehicle. (Applies to misdemeanor DUI offenses only.)

PRISON

* multiple victims (other than the driver). Sentences are enhanced by one year for each victim (up to three)
* hit and run, if fleeing the scene after vehicular manslaughter.

California's DUI Laws: Criminal Sanctions

Drivers convicted of misdemeanor or felony DUI in California can receive:

• County jail or state prison
• Fine, penalty assessment and restitution
• Drinking and driving treatment
• Vehicle impoundment or forfeiture
• License restriction, suspension or revocation
• Ignition interlock device requirement
• Probation

California's DUI Laws: Mandated Penalties and Judicial Discretion

State law mandates most minimum DUI offender sanctions. Judges have discretion, however, over whether to apply sanctions other than those mandated in the chart or increase offenders sanctions to the maximum allowed in each category.

For example, for first offense misdemeanor DUI, judges have the discretion to sentence offenders to jail or grant probation. As the chart shows, if the judge decides to impose a 48-hour jail sentence, probation must also be used. Additionally, the judge must impose at least the minimum listed offense fine, penalty assessment, restitution, license suspension period and treatment program duration. Vehicle impoundment and ignition interlock installation are not mandated, although they can be imposed by judicial order.

California's DUI Laws: Mandated Penalties and Judicial Discretion

The chart in Section IV lists state-mandated criminal penalties. State law mandates most minimum DUI offender sanctions. Judges have discretion, however, over whether to apply sanctions other than those mandated in the chart or increase offenders sanctions to the maximum allowed in each category.

For example, for first offense misdemeanor DUI, judges have the discretion to sentence offenders to jail or grant probation. As the chart shows, if the judge decides to impose a 48-hour jail sentence, probation must also be used. Additionally, the judge must impose at least the minimum listed offense fine, penalty assessment, restitution, license suspension period and treatment program duration. Vehicle impoundment and ignition interlock installation are not mandated, although they can be imposed by judicial order.

Court-Imposed DUI Penalties In California

Court-imposed DUI penalties in California vary in some important ways:

• Misdemeanor offenses are punished less severely than felonies.
  
  Misdemeanor DUI offenses (California Vehicle Code [CVC] section 23152) typically do not involve injuries; felony DUI offenses (CVC 23153) typically do. In a felony DUI, someone other than the driver was injured or killed as a result of the offense. Offenders convicted of a misdemeanor can be sentenced to jail (but not prison) and fined up to $1,000; offenders convicted of a felony can be sentenced to prison and fined more than $1,000.
  
  
• Subsequent offenses are punished more severely than previous offenses.
  
  A second, third or subsequent offense is one that occurs within seven years of a prior DUI offense - or ten years if the prior was a felony. A prior alcohol-involved reckless driving guilty plea is counted as a prior DUI conviction when the court determines punishments.

A Guide To California's DUI Laws

California has some of the nation's strictest laws for driving under the influence (DUI). The DUI laws punish offenders for operating a motor vehicle while under the influence of alcohol, other drugs or a combination of alcohol and other drugs. Implementing California's laws has contributed significantly to the state's sharp declines in drinking and driving crashes.

An outgrowth of the continued toughening of California's DUI laws is that they have become increasingly complex.

The DUI Offense

A DUI offense is both a criminal and civil matter.

Drivers caught with illegally high alcohol levels in their blood or breath or who refuse to take (and complete) a chemical test are dealt with in two ways. They are:

• prosecuted in court for the criminal offense of DUI or refusal. Criminal penalties imposed include jail and prison, fines, treatment, probation and license suspension.
• subject to licensing action by the DMV (as part of the state's ALS system) for the civil offenses of driving in excess of the fixed "per se" (see below) alcohol limit or refusing a chemical test.

DUI drivers can be prosecuted for violating either the state's "per se" or "presumptive" alcohol limit or both limits.

• Drivers who exceed the per se breath or blood alcohol content (BAC) limit are prosecuted solely for having an amount of alcohol in their system greater than that permitted by law. The driver's level of impairment is not at issue. Drivers are guilty of DUI simply for having violated the per se ("in and of itself") BAC limit. California's per se BAC limits (see Table 1) vary depending on the driver's age, whether he or she is a commercial driver, and whether the case is adjudicated in a court (criminally) or by the DMV (civilly).

Table 1: California's Per Se BAC Limits

Characteristic	Criminal Offenses	Civil Offenses
Driver's Age
Under 21	.05%	.01%
21 and Over	.08%	.08%
Commercial Driver	.04%	.08%

• Drivers who exceed the presumptive BAC limit are presumed to have been under the influence of alcohol when driving, that is, it is assumed their faculties for driving were impaired. California's presumptive BAC limit is .08% (about four drinks in an hour for a 160-pound male). BAC levels are established from results of law enforcement officers' chemical tests. Drivers exceeding this presumptive limit are presumed to have been under the influence. Still, they can attempt to prove in court that - despite having had an incriminating BAC - they were not physically impaired when driving.
• Drivers whose BAC does not exceed the presumptive BAC limits can still be convicted of DUI if other evidence shows their abilities were impaired.
• Courts frequently prosecute arrestees for violating both the per se and presumptive statutes. If evidence from the BAC test is strong, it promotes conviction on the less complex per se charge; if BAC test evidence is not strong, prosecutors will still attempt to use sobriety test evidence to prove that the defendant was physically impaired, and guilty of the presumptive DUI charge.
• Defendants convicted of both a presumptive and per se charge are punished for only one of these charges.

Drivers who refuse to take (and complete) a chemical test for DUI still receive severe punishment.

Legal sanctions for drivers refusing chemical test in California

According to California's Implied Consent law, drivers are required to submit to and complete a chemical test when requested to by a law enforcement officer. Consequences of refusing the chemical test are severe, including:

• receiving license sanctions more harsh than for those convicted of DUI. Even those found not guilty of DUI in court receive a license suspension through the state's ALS system
  
• facing the likelihood of convictions for both DUI and the test refusal. Those who refuse a chemical test and are later convicted of DUI are further punished by:
  
  
  
  • receiving all standard DUI penalties
    
  • losing the possibility of a judge ordering probation as a substitute for jail
    
  • receiving longer jail sentences
    
  
  

6 Helpful Steps to Take After an Automobile Accident in Virginia

All accidents leave the victims in a state of shock. Senses are numbed and you simply cannot think straight. But if you can keep your cool and follow some immediate action steps, you can be saved from a lot of legal and insurance related hassles in the future.

The first and most natural reaction after an automobile accident is to panic-DON'T!

Though it is difficult to keep a cool head when you are involved in a mishap, collecting your senses and acting wisely could save you lots of time, money and legal issues.

Try to remember the following action steps, so that you not only manage the situation better at that point in time, but are saved from additional stressors down the road.

• The first thing you ought to remember when involved in a road accident is not to flee from the accident site. Leaving the scene of an accident, even when you are innocent, can get you entangled in a lot of legal problems later.
  
  
• The next thing to remember is to not move your vehicle or change the accident scene until the authorities have arrived.
  
  
• Attend to other victims, but only after you have made sure that you are ok. However, take care not to move injured persons, unless there is fire (or some other type of emergent circumstance) or you are a qualified medical professional.
  
  
• Either contact the police yourself or get someone to call them. Police can play an important role, as they have to create and file accident reports, especially if someone is hurt or property damage to the vehicles exceeds $1000. All such official information will be helpful in the future as you deal with insurance companies and if you have to go to Court for a traffic charge (like failure to yield the right of way, disregarding a stop sign, speeding, etc.).
  
  
• After the accident try to collect as much information as possible about other drivers. Information like phone numbers, addresses, license plate numbers and insurance policy numbers can be of great assistance to you in future, as you file your claims for injuries and property damages. In cases where there are witnesses to the accident, try to gather their contact information as well.
  
  
• If you collided with a stationary vehicle or other property, the onus lies with you to locate the owner of the vehicle or other item into which you crashed. In case you are unable to find the owner, leave a note on the car, with your name, address, contact number, license plate number, time and date when the accident happened and the estimated damage. You may also notify the police regarding the accident within 24 hours. Finally, if you have a camera (digital, phone, Polaroid, etc.), then take pictures of the resulting damage to rebut any later inflated claim by the owner of the damaged property.

As you can see, there are lots of action steps after an automobile accident in Virginia which you can take, instead of just panicking. All the information and facts which you gather are for your own good and will help you in the future if you are entangled in any legal hassle or insurance claim.

So keep your cool and act wisely!

About the author: James Parrish is a former insurance defense lawyer who now represents injured persons against the insurance industry. He uses the "Inside Information" he learned while defending insurance companies to the advantage of his clients and has recovered millions of dollars in judgments and settlements for them. Learn more at http://accidents.theparrishlawfirm.com.

Accident Lawyers in NJ See Causes of Concern By Distracted Drivers

More than 1.1 million people die yearly as a result of traffic accidents, and that number is predicted to rise more than 60% by the year 2020 as the world’s population increases. Out of that 1.1 million, New Jersey alone contributed to more than 700 of those deaths. This makes New Jersey one of the top places for a driver to be killed in a traffic accident. To make this statistic even worse, when New Jersey drivers were surveyed about how often they thought people were killed in traffic accidents almost half of the people surveyed severely underestimated the figure. This just goes to show that many drivers don’t know how dangerous their roads are and don’t know the inevitable danger of driving on New Jersey roads.

Distracted drivers, according to accident lawyers in NJ, cause an overwhelming majority of traffic accidents in the United States, causing anywhere between 30-50% of traffic accidents in the US. Distracted driving can be caused by a variety of things, with the most common being rubbernecking. Rubbernecking is caused when a driver takes their eyes off the road to look at something else. According to accident lawyers in NJ rubbernecking normally occurs when there is a traffic accident and other drivers slow down to look at the accident, which is deemed "rubbernecking." This causes motorists take their eyes off the road in front of them, and as a result of that they will often drive right into the car in front of them. Besides rubbernecking, other common distractions while driving are talking on the phone, changing a CD or radio station, or even reading a map when driving.

Accident Lawyers in NJ have dealt with many cases where innocent drivers have been injured as a result of other drivers being distracted. One way that you can keep you and your family safe while on the road is by using a hands free device when using your cell phone. This will allow you to keep both hands on the wheel and focus on driving. Also, distracted driving accidents are often caused when drivers are looking at maps. This can be avoided by using a Global Positioning System in your car. Using a Global Positioning System can be a huge advantage when you are going on long trips, or traveling to new locations. GPS systems, also known as Global Positioning Systems, allow the driver to insert a destination address and the GPS will use satellite information to orally direct you to the location. By using a GPS you will be able to keep your eyes on the road because the directions are given orally. One final way that a driver can cut down on the number of distractions while driving is by pulling over if they have to calm down a child in the backseat or change a CD. Why risk getting into an accident if you can just as easily pull over and deal with the situation? If you have been involved in a traffic accident with a distracted driver, contact accident lawyers in NJ to file a lawsuit.

About the author: Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as Medical malpractice, automobile accidents. To know more about Accident lawyer New York, bronx car accident lawyer, accident lawyer in NJ and car accident lawyer Brooklyn visit www.nbraccidentlawyer.com

Defensive Driving In New Jersey

New Jersey drivers can take defensive driving course online. One od such courses if being offered by the New Jersey Driving University that can be completed online at just $US 47. The course is totally approved by the New Jersey Motor Vehicle Commission. For a small postage fee you will be mailed your defensive driving course certificate as soon as you have passed an interactive online exam. Plenty of defensive safe driving videos and lots of instructional materials in form of questions and answers guarantee successful completion of the course even if your current level of driving leaves much to be desired. New Jersey Motor Vehicle Commission (NJ MVC) will be notified you completed the course. By taking the said traffic safety course in the state of New Jersy, a driver may become eligible for removal of a traffic ticket or reduction of a court-imposed fine once you produce defensive driving course certificate to the court. Such certificate also makes driver eligible for 2 point reduction on the driver's driving record by the NJ MVC.

Defensive Driving

Defensive driving is advanced driving training for motor vehicle drivers that takes them beyond mastering road safety rules and basics of driving. Defensive driving school offers courses capable of reducing driver's risk by learning to anticipate potentially risky and dangerous situations even under adverse conditions like stress, fear, lack of knowledge, adequate training or such that can be caused by other mistakes or lack of skills. Defensive driving school offering defensive driving courses should be recognized by the state it operates in. The applicants have right to ask for proof of the defensive driving course content approval provided by a particular driving school or recognition (certification, licensing) by the state government agency like DUI/DMV/DMW.