DUI Charges and DMV Hearings

When you are facing charges after a DUI arrest, you first need to worry about the DMV hearing. At the DMV hearing, a hearing officer determines whether you can keep your driver's license, even before you are convicted of DUI. In fact, you could lose your license at the hearing, and later be acquitted of the DUI.

At a DMV hearing, the hearing officer will hear testimony from the officer who arrested you to determine whether you should lose your license, based on his or her determination of whether there was evidence that you were driving under the influence. This is a critical stage in a DUI case and one that many overlook.

Once you have been arrested for driving under the influence, you only have a limited time to request a hearing. Many people do not read the small print in their citation, and miss the deadline. If you do not request a hearing, your license may be suspended without you ever getting a chance to challenge the grounds for the suspension.

Hiring a lawyer to assist you with the DMV hearing is an important first step in your defense. Not only can the attorney ensure you don't miss your deadline, and that you get your hearing, the lawyer can also cross examine the officer, and get a feeling for what his testimony would be if your case went to trial. Because county attorneys and district attorneys do not attend these hearings, this gives your attorney an advantage at your DUI trial, and further allows your lawyer to impeach the officer with any testimony that is inconsistent from the hearing.

Another important reason to request a hearing is that it is your best opportunity to keep your drivers license pending the outcome of your DUI case. The DMV hearing officer is the one who subpoenas the officer. If the officer is busy and doesn't show up, then the hearing officer will rule in your favor, and you get to keep your license pending the outcome of your DUI case.

Dealing With An Unfavorable DMV Decision

The decision after a DMV hearing following a DUI arrest can be either a set aside or an uphold of the suspension.  When the decision is unfavorable to the driver the next step can be either to appeal the finding or move on.  For first offenders who took a test the suspension period of four months typically does not justify a decision to appeal the hearing officer's decision.  The driver can usually get a restricted license after waiting 30 days.  Foe second offenders an appeal may be more tenable given the one year
 re-issue date.  In either event the decision must be one that takes into account the costs and benefits of the entire situation.  The alternative to a full scale appeal can be something called a Departmental Review, more information about this approach will be discussed in a future post.

How a Person's Core Body Temperature Can Skew Breath Test Results

Breath testing in DUI cases relies on the presumption that every subject has a "normal" body temperature.  But what if a subject has a fever? One study (Fox & Hayward, 1989) did reveal problems with DUI breath tests for those with higher than normal body temperature levels.  For example, when the core temp was elevated one degree Celsius, the corresponding breath test for alcohol increased by nearly 9 percent. This means that if a person had an elevated body temp and was stopped for drunk driving, his breath test would falsely inflate his true blood alcohol level by almost 10%.  For a .10 level, this would drop him to a .09 and if he blew a .08, his true BAC would actually be .07.

 For more information on this issue, contact DUI Attorney Matthew Ruff who practices in the state of California.

A Bakersfield Speeding Ticket Attorney Explains Trials by Written Declaration

In California, as in many states, a defendant may elect to have a trial by written declaration on any Vehicle Code infraction or speeding ticket. If the clerk  receives from the defendant a written request for a trial by written declaration on or before the appearance date indicated on the notice to appear, the clerk must, within 15 calendar days of receiving the request,extend the appearance date 25 calendar days, and must give or mail the defendant notice of the extended due date on a Request for Trial by Written Declaration with a copy of the Instructions to Defendant and any other required forms. The defendant must file the Request for Trial by Written Declaration with the clerk on or before the appearance date indicated on the notice to appear (or any extended appearance date). This form must be filed in addition to the defendant’s written request for a trial by written declaration, unless that request was made on this form. A defendant who makes this election must submit bail in the amount established in the Uniform Traffic Bail and Penalty Schedule under Veh C§40310 at the time of submitting the declaration.  If the defendant is found not guilty or the charges are otherwise dismissed, the amount of the bail mustbe promptly refunded to the defendant.

On receiving the defendant’s Request for Trial by Written Declaration and bail by the due date, the clerk must deliver or mail to the arresting officer’s agency a Notice and Instructions to Arresting Officer and Officer’s Declaration, with a copy of the notice to appear and a specified return date for receiving the officer’s declaration. On receipt of the officer’s declaration or the close of the return date, the clerk must submit the case file to the court for decision with all declarations and other evidence received.  According to one Bakersfield Speeding Ticket Attorney, testimony and other relevant evidence may be introduced in the form of the notice to appear, a business record or receipt, and the sworn declarations of the arresting officer and of the defendant. After the court decides the case and returns the file and decision, the clerk must immediately mail the Decision and Notice of Decision to the defendant and arresting agency. The defendant may request a trial de novo by filing a Request for New Trial Form within 20 calendar days after the date on which the decision was mailed. The Court clerk must set a trial date within 45 calendar days of receipt of the defendant’s request and deliver or mail to the defendant and to the arresting officer’s agency the Order and Notice to the violator.

The case is closed if the defendant fails to make a timely request for a trial de novo. Although the rules state that a new trial must be set within 45 days of the receipt of the request, the remedy for failure to set within 45 days is not automatic dismissal. For example in one case, a trial was set 57 days after receipt of notice. The court may deny a trial by written declaration to a defendant who does not file a Request for Trial by Written Declaration or deposit bail with the clerk within the specified time limits.  The Judge is not limited to imposing a monetary penalty in the amount of the bail the defendant has deposited with the clerk, unless this amount is the maximum and the only lawful penalty. A person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration on any alleged Vehicle Code infraction. Relevant evidence may be introduced in the form of a notice to appear, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant. 

Bruce Blythe is a Bakersfield Speeding Ticket Lawyer who practices throughout Kern County and beyond for all criminal, DUI and traffic cases.

Hematocrit Defense in DUI Cases

 Hematocrit represents the fraction of whole blood composed of red blood cells and is correlated with the aqueous content of the blood.  The higher the hematocrit, the lower the concentration of water in the blood and vice versa, according to California DUI Attorney Matthew Ruff.  How does this issue play into a DUI case you may ask?  Put simply, the higher a hematocrit level, the higher a person's blood alcohol concentration.  With breath tests, the normal variation in the hematocrits of test subjects "can produce errors in ...results in the 10-14% range", according to some scientific studies.  When facing a DUI charge, it may be useful to have a test done to determine if this may be an issue. The hematocrit issue can vary the amount of alcohol present in the blood and not all humans are the same.  The breath machines do not factor in this variability.

What is the penalty for a refusal in California?

There are a number of penalties or consequences for DUI charges in California.  Perhaps the most severe of all penalties is that for a refusal to take a chemical test, breath or blood.  In addition to the Court consequences, the DMV will impose harsh sanctions if the driver is found to have refused a breath or blood test after having been arrested for drunk driving

The following are the administrative penalties for a DUI refusal

1. A First refusal within 10 years carries a one year drivers license suspension
2. A second refusal after a DUI conviction, wet reckless or admin per se suspension within 10 years is a 2 year license revocation.
3. A third refusal within 10 years is a 3 year revocation of your driving privilege.

In light of the very severe refusal penalties in California, it is advisable to seek legal representation for any refusal case.

The Dream Act, Reward for iIlegal Conduct?

The government lawmakers this week shot down the "dream act"  effectively denying young children of illegal immigrants the opportunity to become citizens and finally be a part of the United States as legal citizens.  Many believe this act was a reward to those that entered the US illegally, others say it rewards those who had no say in where they grew up and did the right thing by going to school and staying out of criminal trouble.  Time will tell which side eventually prevails.

Ticket Myths

There are few things that evoke more fear or loathing than getting stopped and ticketed by a law enforcement officer.  The legal process that follows can be quite daunting from the standpoint of mounting a defense or dealing with the problem.  One Lamont Speeding Ticket Attorney has assembled a list of common myths and half truths related to traffic tickets, it's worth taking a look at.

DUI While Parked

Penal Laws in the state of California define DUI as driving at a time when your mental or physical faculties are impaired to such a degree that you cannot operate a motor vehicle with the caution characteristic of a sober person. The interrogatory is frequently asked if a person can be arrested and charged with a DUI while they are parked in their driveway. The answer to this question depends on whether the police can establish actual driving. Obviously,  the law does not require that the police officer actually see the person driving, this element can be proven using circumstantial evidence. So, if the governmental officer sees the person pull into his own driveway and he is under the influence, game over. Further, if another witness sees the driving, same conclusion. Also, if evidence can be obtained to infer recent driving, IE. warm engine, admissions to recent drinking at the bar prior to arriving home, slumped over wheel while engine running, etc, all can be used to come to a rational conclusion that the person was driving. If other evidence, FST's breath tests and other evidence established that the person was impaired at the time of driving, a DUI case can be established.

DUI Law in the New Millennium

It is indeed axiomatic that as civilizations evolve there is a corresponding increase in new laws and regulations designed to conform the society to a given paradigm.  Criminal laws are no different.  In our current civil structure we have experienced this upward pressure particularly in the category of rules governing the use of motor vehicles, aka automobiles.  It is evident that the legislative bodies have concluded we are unable to think for ourselves and conform our behavior to basic common sense.  A good example of this is the criminalization of the use of cellular phones while driving and the use of active restraints such as seat belts.  DUI laws are also on the agenda and we will see an increase in legislative interaction into how we govern those that use alcohol and drive.

Another Good Reason Not to Take a PAS Test

We know that California law allows motorists over 21 and not on probation to refuse a roadside breath test known as a PAS.  The test however is usually a bad idea inasmuch as it provides additional evidence of intoxication relating to DUI that can be used against you in Court.  A recent case reiterates another good reason to refuse taking the test.

Defendant Thomas was stopped for traffic violations. His eyes were bloodshot and watery. Defendant performed sobriety tests and consented to a PAS breath test that required him to place his mouth over the plastic tip of the PAS device and blow into it. Defendant was let go after passing all tests, but instead of discarding the mouthpiece of the PAS device, the police preserved it for DNA testing. The DNA profile derived from the mouthpiece linked defendant to two burglaries. A DNA sample obtained after defendant’s arrest matched genetic material recovered from five of the burglaries. Additional evidence implicating defendant in the burglaries was found when police searched his home pursuant to a warrant after his arrest.

Defendant appealed his convictions of the crimes arguing that testing the mouthpiece of the PAS device for DNA was a search that could not be conducted without a warrant under the Fourth Amendment to the United States Constitution. The appellate court however disagreed holding that the DNA test was not a search because defendant abandoned any privacy right he had in the saliva he deposited on the police device.  The Court ruled that the Fourth Amendment protects against unreasonable governmental searches and seizures. A search occurs only when a government activity intrudes on an individual’s reasonable expectation of privacy, measured by the individual’s subjective expectation of privacy in the item searched and society’s objective recognition of the reasonableness of the individual’s subjective expectation of privacy.  People of California vs. Thomas.

"Over the Influence" commercials send the right message to our youth

Recently, I have seen the new television commercials that espouse abstinence from alcohol and drugs, targeted mainly to young people. These messages need to be played more frequently to buffer then constant onslaught of ads that encourage getting drunk and being under the influence, great work whoever put these together.

Why Hire a DUI Lawyer?

A DUI arrest is a serious charge which could result in the loss of your driver's license, thousands of dollars in court fines, the loss of your job, time in jail or even prison. A DUI conviction also acts as a prior, meaning that if you get a second or third DUI conviction, the penalties are drastically worse.

Despite these serious consequences, I am surprised on how many people try to represent themselves in court to save the costs of attorney's fees. In so doing, they often miss the deadlines to request a DMV driver's license hearing, lose their license, and then get the standard DUI punishment, even when a reduced punishment could have been negotiated.

If you are arrested for a DUI, you need a lawyer! A lawyer will help you schedule a timely DMV hearing which could help you keep your license. If a charge is filed against you in court, your lawyer's knowledge of the law could help you get your case dismissed, even if there is sufficient evidence for a conviction. For example, if the evidence in your case was obtained illegally, a lawyer can get it suppressed, which will usually result in the case being dismissed. Only someone well versed in the law, however, could recognize those types of errors.

In some cases, a lawyer is able to negotiate the DUI to a lesser offense that can save your license and have reduced penalties. If your case goes to trial, a lawyer can cross examine the prosecution's police and expert witnesses and point out limitations on the evidence.

I have been able to help my clients avoid the consequences of DUI, even when their cases seemed initially hopeless. For example, I had a client who refused to take an alcohol test at the police station. Normally, such a refusal results in the automatic suspension of a driver's license for an extensive period of time. I represented her at the DMV hearing, and she was able to keep her driver's license.

In court, I had a client who had multiple prior DUI's, and was looking at harsh penalties on the new DUI I was representing him on. Due to mistakes made by the police, however, I was able to get the entire case dismissed.

If you have been arrested for DUI, you need a lawyer as quickly as possible.

DUI Lawyer/ Hire a DUI Lawyer

Correlation Between DUI and Domestic Violence?

Many social scientists believe that domestic violence goes hand in hand with alcohol consumption and as the economy gets worse alcohol abuse is on the rise. DUI comes into play, according to one Long Beach Domestic Violence Attorney, when the misuse of alcohol becomes intertwined with Domestic Violence. As the situation escalates, often the abuser will find him or herself pushing the limits of societal norms and find themselves drinking and driving which may lead to DUI. The studies are awaiting peer review on this one, stay tuned.

The Right to an Independent Test in California

All states require a suspect in a drunk driving case to submit to a chemical test, breath blood or urine. In California if the arrestee chooses a breath test he also has the right to a second independent test of blood or urine in order to save a sample for retesting if he chooses. the test will be at the person's expense and is only permitted when breath is the first test. the rationale is that the breath cannot be saved and therefore if a sample is desired for retesting then a bllod or urine can be requested.

What is Retrograde Extrapolation?

In some cases a person's blood alcohol level may not be high enough to attempt to punish him or her for driving with a proscribed level. In these cases the prosecutor will try an "relate back" the BAC to the time of driving in an effort to show the BAC was higher at the time of drving versus the time the test was administered. Some believe that this is nothing more than an educated guestimate. To do this the DA will use an expert to use various "known" facts and assume the other unknowns. This practice is frowned upon by many DUI scientists yet many Judges will allow the evidence despite crticism by those in the scientific community.

How to Get Your License Back After an Under 21 DUI

A DUI arrest for an under 21 driver has serious consequences.  In California, anyone under 21 years old who has been convicted of driving while intoxicated/driving under the influence (DWI/DUI) or who has been found to have been driving with a .01% or more of alcohol in their blood will have his or her driver's license suspended for at least a year. If the individual does not live near adequate public transportation, must work to support the family or is responsible for the medical care of another family member, the court may issue a restricted license because of "critical need."  A mandatory 30-day suspension is required before filing the application. 

Here is the 5 step process to apply for the under 21 restriction.

First, Determine whether you meet the criteria to be considered for a critical need driver's license. If you were under 21 years old when you were arrested, tested positive for a 0.01 percent blood alcohol concentration and had your driver's license suspended, you may be eligible for a critical need license. One of the conditions for obtaining a restricted license is that you did not refuse to take the blood or breath test required by a peace officer to determine your alcohol level at the time of your arrest.

Second, Ensure that you meet critical need criteria. You are eligible for a restricted hardship license if the California Department of Motor Vehicles (DMV) determines that public transportation is inadequate and that you must operate the vehicle to transport a family member to and from the doctor's office or other medical facility, to travel to and from school, to go to and from work or to tend to some other family business for the purpose of acquiring income. Further, you must be legally present in California to qualify for a restricted hardship license

Third, Download the DS 694 application form titled "Application for Critical Need Restriction".  You must first check one or more of the reasons you need a restricted hardship license. These include "For Family Illness," "To and From School," "To and From Work" and "For Family Enterprise." Be sure to include your name, driver's license number, address, and other pertinent personal information. Next, describe your transportation needs, the distance the destination is from your residence and the route you drive to the destination. Include the other drivers in your household, their driver's licenses and the reasons they are unable to provide transportation

Fourth, Request the following individuals complete the Statement of Facts section on the application. If you are requesting a critical need restriction to transport a family member to receive medical care, have the physician state that your family member is unable to drive to and from her office and requires your help. If you are requesting a critical need restriction in order to drive to and from school, ask your school principal or dean to fill out the pertinent information on the application. Finally, if you are requesting this hardship restriction for employment purposes, ask your employer to complete this section on the application

Fifth, Complete the form and mail it to the address on the form. You may also attache other relevent documents such as enrollment in DUI education classes and the like, DMV will review the application and notify you within 10 working days whether or not your application is approved. If DMV approves your application, you must go to a DMV field office to complete the final section of the application, pay a $100 reissue fee and submit proof of insurance, which you must maintain for three years.

Drunk Driver Crashes into Another Drunk Driver

A 23-year-old suspected drunken driver from california nearly ran over CHP officers who were investigating a fatal wreck – also believed to involve alcohol -- this morning along Interstate 15 in Hesperia, according to CHP investigators and jail records.
The defendant was arrested this morning along Interstate 15 near Main Street and booked for investigation of drunken driving, jail records show. He was released after promising to appear in court to answer any charges that may be filed.

Officers caught the suspect driving a 2012 Honda Civic that traveled through a traffic cone-and-flare pattern that was supposed to keep motorists out of an accident scene that killed a driver at 1:05 a.m. today along the freeway’s southbound lanes near Bear Valley Road, investigators said in a written statement. The victim in that DUI accident was a man believed to be about 35 years old, CHP Officer Jaci Parent said early today from the traffic management center in San Bernardino. San Bernardino County coroner’s officials have released no information about that man or the incident.

The victim died instantly when the 2002 Lincoln LS he was driving changed lanes at high speed and hit the trailer of a 1999 Freightliner big rig.

“Alcohol is considered to be a factor in this collision,” according to the CHP statement.

A Quick Primer on the Two DUI Crimes in California

In California, lawmakers have enacted two distinct crimes relating to DUI. One, VC 23152(a) requires proof of actual impairment.  Section 23152(b), added in 1981, made it unlawful for a person to drive with a blood-alcohol level of 0.10 percent or more, by weight, and specified that, “percent, by weight, of alcohol shall be based upon grams of alcohol per 100 milliliters of blood.”   To secure a conviction for this new “per se DUI” offense, the prosecution no longer had to prove the accused driver was actually impaired at the time of the offense, but only that heor she drove with a blood-alcohol level at or exceeding 0.10 percent.    In 1989, the California Legislature further strengthened our state‟s DUI laws by lowering the punishable blood-alcohol threshold from 0.10 percent to 0.08 percent.  This is the proscribed level today

 Therefore, after 1981 there were two parallel statutes making it a crime to drive while intoxicated.  The generic DUI provision (§ 23152(a)) retained the historical approach, requiring proof that the defendant was actually impaired by his drinking.  The per se DUI statute (Vehicle Code 23152(b)) simply required proof that the defendant had been driving with a blood-alcohol level over the legal limit.  If the limit was exceeded, the statute was violated, and no additional proof of the defendant‟s impairment was required. The interplay between the two statutes can often be confusing for laymen, an attorney should be consulted to explain the interaction of the two offenses in your case.

New Law Seeks to End Impound Abuse

Police agencies in California will no longer be able to freely impound cars from sober but unlicensed drivers who are stopped at drunk-driving checkpoints under legislation signed Sunday by Gov. Jerry Brown.  Under the new law written by Assemblyman Gil Cedillo (D-Los Angeles), if a sober driver is caught at a DUI checkpoint without a valid license, law enforcement officers must release the car to a qualified driver representing the registered owner. In cases where a legal driver is not readily available, AB 353 says, the vehicle is to be released to one later at the impound yard.

Some CA lawmakers have alleged that sobriety checkpoints have been misused by some cities to unfairly target illegal immigrants who do not have a driver’s license. Because cities can hold cars taken from unlicensed drivers for 30 days, the accumulated impound fees can turn out to be more than the car is worth, resulting in some drivers losing their cars.

Step by Step Process to Get Your Drivers License After a DUI in CA

The purpose of this article is to explain the process to obtain your drivers license following the Court disposition of your case. You will likely receive a letter from the California  DMV that explains your license is suspended as a result of the Court conviction, however if you read the letter carefully it explains that you may immediately obtain a restricted license. The following is what you must do:

1. Obtain proof of insurance by way of an SR-22 that must be filed with the DMV. This is done electronically directly from the company to the DMV.  It is best to do this as soon as possible.

2. Get enrolled in the Court ordered alcohol education program. The program will file the enrollment with the DMV, confirm with them that they have done so.

3. If the offense occurred in Los Angeles, get an Ignition Interlock installed in your car, for help with this contact an IID provider, let him know an attorney represented you and you will receive a discount off the normal fee.

4. Pay the re-issue fees to the DMV at any field office. Usually there a two fees, one for the Court reinstatement and one for the APS reinstatement.

5. Lastly, you must wait the mandatory period of time following the imposition of the “APS” suspension following the DMV hearing, APS order. This is no longer than 30 days, however, the period of time can be shorter if the hearing officer grants our request for a “back credit”. To determine this time period look at the start date of the suspension on the DMV decision, it is 30 days after that “start date”. In some cases the DMV hearing decision will have not yet been mailed by the time the Court case is resolved, in these cases you must wait for the outcome of the DMV hearing before your license will be returned.

DUI Convictions and the Suspended Drivers License

Of all the consequences that come with a DUI conviction, the harshest consequence of all is the drivers license suspension.  If you are convicted of a DUI, your driving privilege will be suspended for at least one year.  This suspension can impact your entire life, and may dramatically change your ability to go to work and go to school.  There are no exceptions.

If you live and work in a place with public transportation, or your work and/or school is close to where you live, this may be a minor inconvenience.  I have had clients who live in rural areas, but who commute to the city for work, and as a result of a suspension, they lose their jobs.

There are ways around the license suspension, but they are fact specific to each case.  For example, on a first time DUI, I have been able to negotiate an alcohol impaired driving charge instead of the full DUI.  Drivers License Division doesn't suspend a license for a first time alcohol impaired driving.  A second alcohol impaired driving, however, will result in a suspension, so if you are lucky enough to dodge a suspension the first time, learn your lesson. 

If you are being charged with a DUI, call me.  I will work hard to protect your driving privileges.

How Will a DUI Conviction Effect My Record?

  Many of my clients are anxious to know how a DUI will effect them, and for how long. The concern is that a DUI conviction: limits your ability to drive, impact your employment opportunities, effects insurance rates, carries with it a social stigma, gives you a criminal record, and acts as a prior for future DUI's .

 In Utah, a DUI conviction will stay on your record for 10 years. A second DUI within that 10 years period dramatically increases the penalties you face if convicted again, and a third DUI within the 10 year period is a felony, punishable by up to 5 years in the State Prison.

Once ten years have passed, you will be eligible to expunge your DUI conviction, and it will no longer be used as a prior conviction. This ten year waiting period for expungement is the longest for any type of crime in Utah. For example, felonies can be expunged after seven years, and some misdemeanors can be expunged after three years, but any alcohol related driving offense must wait the full ten years.

I have been successful in negotiating with prosecutors to reduce a DUI charge to an alcohol impaired driving charge or even a non-alcohol related reckless driving, under certain circumstances. A reduction to straight reckless driving is not always possible, depending on the fact of the case, but when it happens, it reduces the time the conviction is on a client's record by more than half. A reduction to alcohol impaired driving can help you keep your drivers license, and lessen the impact on your insurance, but it acts as a prior conviction for future DUI charges, and cannot be expunged until after the ten year waiting period.

 If you want to avoid having a DUI on your record for ten years, call me to schedule an appointment. I will review the facts of the case and see what if any negotiations can be done to reduce your conviction. The best advice I have is not to drink and drive.

California DUI Laws

No area of the law has undergone such a significant change over the last 20 years than that of California DUI Law. Indeed, the legislature has tinkered and toyed with various aspects of the criminal drunk driving laws such as sentencing, enhancing sentences through new statutes that impose more severe jail requirements under certain factual circumstances such as speeding, having children in the car and having elevated blood alcohol levels. The state has shortened the time period that a DUI prior can be used in the current case. An increase in the length of DUI schools, adding three additional programs. All of these changes just in the last decade or so. What changes will we see in the coming years? Time will tell.

The Intoxilyzer

In the past, someone arrested for driving under the influence of alcohol (DUI) used to be given a choice of three tests to verify the amount of alcohol in their system: a blood, breath, or urine test.  Since then, urine tests have been found to be unreliable for concentration amounts.  Blood tests are invasive and involve a needle.  Because of this, a breath test has been the preferred choice by law enforcement and the accused.

To take a breath test, a person blows into a machine, called an intoxilyzer, and the machine figures out how much alcohol is in their blood.  If the result is a .08% blood alcohol content (BAC) or higher, then the person is deemed intoxicated and not safe to operate a vehicle.  A result lower than a .08% infers that the person may be safe to drive, but that can be challenged by the person's driving pattern and other factors.

An intoxilyzer is a machine, and is subject to problems, like any other machine.  Sometimes the results are not accurate, the machine may need calibration, and there is an expected variation in results.  Also, the operator must be trained and certified, and needs to keep the certification current.  There are also rules governing an observation period prior to administering the test to make sure that there is no alcohol in the test subjects mouth from burping or regurgitation that could effect the validity of the test.

If you have been arrested for DUI, and had to take a breath test, this fact will be explored in both the Drivers License Hearing and the prosecution of the criminal DUI charges.  I have successfully represented clients in challenging the validity of the intoxilyzer test results based on the problems with the technology, the failure of  a police officer to follow the mandatory protocols, and the failure of the officer to keep his certification current.  As a result, I have been able to help my client's keep their drivers licenses, and avoid criminal convictions.

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New york Bankruptcy LawyerThe length After Chapter 7 Bankruptcy How do i Apply for a Mortgage

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For anyone needing to request another mortgage, ask your New york las vegas bankruptcy laywer ways to complete the work. Must i wait eight years before I am just permitted to get rid of another mortgage?


Perhaps you might or probably won't know, having a chapter 7 bankruptcy you get discharged from all your debt. This would therefore become the good reason why you might think which you could get a mortgage quite soon. It would be best if you consult with your New york bankruptcy attorney if the tone is the outcome.

What Your New york Bankruptcy Lawyer Will say

Your lawyer believe that you will want to wait at a minimum 2 years prior to being in a position to try for an FHA loan. There's obviously the off chance that you might be eligible for a mortgage loan loan prior to an two years time are up. However, this can not necessarily an FHA loan.

Your New york las vegas bankruptcy laywer will tell you that you'll require these in order to are eligble for a home loan:

l Discharge under Chapter 7

l Make sure that you have a very good credit

l Some form of down payment should be applied

l Savings needed to pay 10 or 15 percent documented on your personal property

Also keep in mind that would be may just be challenging to get a home as the crisis from just greater than couple of years ago. Particularly if you had any Thirty day late payments on record within 2 years prior in keeping the mortgage.

Your New york bankruptcy lawyer will tell you that when you've been granted chapter 7 bankruptcy, try to be completely current from that point on in regularly paying all bills you will have, for you to are eligble for a home loan.

Rebuilding Your Credit Score

We would like to discuss easy ways learn how to rebuild good credit. It's among the requirements to help you make application for a property finance loan. It sure puts yourself on the method to ownership for a second time. The advantage we want to give you advice to bear in mind, is opening a secured credit card with all your bank by supplying them collateral in it will a burglar alarm deposit of either $250 or $500.

Another option is always to reaffirm an auto loan looking for chapter 7 bankruptcy. You have to accept continue paying of the debt. It is actually essential to pay all your accounts on-time each month first rebuilding your credit ranking. Also keep your New york bankruptcy attorney is aware your plans. The lawyer gives you some sound advice here.

Again, visit your qualified New york bankruptcy attorney in addressing all of your questions in regards to what you are allowed to do. The lawyer regularly practices bankruptcy law, and you will be your choice in furnishing you with the appropriate answers.

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Contact a Bankruptcy lawyer in NYC

Bankruptcy is a daunting and terrifying word and in obvious doubtless not what one ever want to think in their life. If somebody wants to spend his or her life in a peaceful way and manner, one always run away from the Bankruptcy, which is a dreadful thing. But sometimes, in real life, some situation such unwanted condition arises, life takes detours and due to many reasons, an individual is behind to pay bills and loans but certainly look for a better solution to get rid of it. In some conditions, the situation gets so worse that one has to opt for a choice to look for Bankruptcy lawyer. People might have heard about the Bankruptcy and Bankruptcy lawyers on television, radios and read about them on various papers, for the filing a case against such situation and to get over form it. New York City providing many options of Bankruptcy lawyer NY, who always helps and fight over the people suffering from Bankruptcy. The Bankruptcy lawyer NY can help out or lend a hand to ease and lessen down the violation and collision on the business and fight back to get improved and enhanced what someone has lost. The Bankruptcy NY (New York) breach lawyer keep up a correspondence to persons and businesses troubled in business court case measures arising out of contract influences. The Bankruptcy lawyer NY carries approximately more than 30 years of trial experience put into practice and knowledge. The Bankruptcy lawyer NY has good history of positive cases, in helping customers.

The somekeyword are an expert, experienced, educated and a practiced commercial law attorney who counsels and guarantees their customers from beginning to end on all the points linking parties, alternate disagreement statement meetings and further on to the state and central judges people. The Bankruptcy lawyers NY offer skilled, effective and practically priced lawful demonstration devoid of giving up personal consciousness to each client.


The somekeyword are positioned in Manhattan for a case estimation and re-evaluation of people's cases. The Bankruptcy lawyers NY are basically money owing relief agencies; they assist people to file against Bankruptcy below the Bankruptcy Code. The Bankruptcy lawyers NY have very good and successful past performance which always guarantees for the positive future results. There are many Blogs and Website are available by the Bankruptcy lawyers NY. With the use of such blogs and websites one can realize that there is no attorney client association between an individual and the Blog and Website publisher but always ready to help people for the Bankruptcy matters.

The New York Philharmonic Joins Hands with Andrea Bocelli

The standard summer season concerts that New York Town residents and site visitors are applied to will now be scheduled for the spring. The New York Philharmonic will reserve their fantastic performances for September. The exciting news about this year's spring performances is that the philharmonic will be carrying out with the popular tenor Andrea Bocelli.
Exploited his Area of interest
Andrea Bocelli is a person of the most popular Italian tenors and crossover artists in the final decade. He was born with undesirable sight but was fully blinded in a childhood football incident. Even so, he has turned into a popular musician and a millionaire, numerous times about. Needless to say, he will never require somekeyword. At minimum if he remains fiscally sound and logical.
Prosperity and Art

While, not everyone is fortunate to make funds from their enthusiasm. Generally, performing in an opera or currently being a tenor requires numerous years of practice and expertise. Work is not constantly that easy to come by and neither is fame. Bocelli might in no way go broke, but absolutely, there are quite a few singers out there who may have essential somekeyword. Certainly in these making an attempt times which seem to march on permanently. y.


Bocelli Followed by Watson

Just two days immediately after the transient union of The New York Philharmonic and Andrea Bocelli, NYC residents will be fortunate to witness another superb effectiveness. Willi Watson's Henry V notes will be carried out in the town as well. The efficiency will contain a Christopher Plummer narration and Shakespearean-era melodies. Initially, the Willi Watson was not planned for the spring. Even so, as luck would have it, NYC will get to witness two maestros, pretty much back again-to-back. Needless to say, Willi Watson will in no way require somekeyword. He is among the fortunate, productive artists too! And looks to have a grip on his money and expenditures.

Which Bankruptcy Filing Fits Your Needs

Pantano & Gupta, Bankruptcy Attorneys NYC can help you keep your home when you file for bankruptcy. In New York you can file for two different types of bankruptcy and still maintain possession of your home if you qualify. Pantano & Gupta, Bankruptcy Attorneys NYC have been successful at protecting their client's homes.

Pantano & Gupta, Bankruptcy Attorneys NYC can help you file both types of Bankruptcy. The first, which Pantano & Gupta, Bankruptcy Attorneys NYC have extensive experience in Chapter 7 bankruptcy. A Chapter 7 Bankruptcy, results in a discharge of most,if not all, of your debt. Pantano & Gupta, Bankruptcy Attorneys NYC also have substantial experience in Chapter 13 bankruptcy. A Chapter 13 Bankruptcy provides you the opportunity to pay off most of your debt, if not all your debt. In both types of cases, the law allows you the ability to keep your home.


Pantano & Gupta, Bankruptcy Attorney NYC can help you navigate the Bankruptcy code with these easy steps:


1)Select the type of bankruptcy that makes the most sense for your financial situation.Pantano & Gupta, LLC, NYC Bankruptcy Attorneys provide a free consultation by phone or in person to determine which Bankruptcy will work best for you.


2)Each type of Bankruptcy has specific forms. Pantano & Gupta, Bankruptcy Attorneys NYC will make sure that you file the appropriate forms.


3)Pantano & Gupta, somekeyword will complete the bankruptcy petition forms for you. Pantano & Gupta, Bankruptcy Attorneys NYC will make sure that the information included on these forms such as your house and mortgage loan are listed as one of your debts. Pantano & Gupta, Bankruptcy Attorney NYC will include a statement that you intend to keep your house.


4)Pantano & Gupta, LLC, NYC Bankruptcy Attorney will advise the bankruptcy court trustee that you desire to pay the mortgage loan through a repayment plan. Including the mortgage loan in the repayment plan permits you to keep your house. Pantano & Gupta,Bankruptcy Attorney NYC has experience representing clients at the 341 meeting with the Trustee.


Bankruptcy can be a great option for many clients where potential to repay their particular debts is significantly reduced by lack of employment, illness or similar factors.Filing for bankruptcy can provide you with the opportunity to start over and help you start rebuilding your credit score.


Bankruptcy, it's not the end of the world!


Visit Pantano & Gupta, LLC (Bankruptcy Attorneys NYC) at www.pantanogupta.com for more information regarding bankruptcy or other legal matters. We are here to help!


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Trends in Bankruptcy and the Economy

Where is the US market going? Beliefs vary from doomsday prophecies to cautious expectations. However, even as an election year approaches and information "spin" begins to ramp up from news agencies, it's clear that the economy remains to be not doing well. I consulted an experienced somekeyword and this is what I found.

Surprisingly, bankruptcies are lowering nationwide. Signaling what could be a nationwide trend, the U.S. Bankruptcy Court for the Western District of New York reported a 17.5 percent drop in bankruptcy filings in Buffalo and Rochester. While numbers for Manhattan and Suffolk counties haven't been cited yet, the National Bankruptcy Research Center and American Banking institute announced a nationwide drop nearing 8 percent during the first half of 2011.


What exactly does all this mean? Is the economy really getting better? Must we be hopeful? If the credit crunch and nationwide debt are taking such a toll nationwide, why aren't bankruptcies skyrocketing?

The typical opinion, however, is that recent downward trends in bankruptcy aren't a signal of a strengthening economy. Foreclosures in the US have slowed down to a crawl: new regulations designed to curtail foreclosure-happy banks have terrified lenders. The majority of citizens that choose bankruptcy do so to protect a home. Also, there's an general decline in credit creation: because the economy's in such bad shape, Americans want to spend less money. Finally, the cost of going bankrupt is prohibitive, forcing most Americans to find other means to survive financially.

Even the Federal Government is getting in on the fact that a large number of banks violated the law during the homeowner credit crisis. As the government rose to defend the rights of homeowners, regulations were developed to protect them: and they worked. Banks have become not only terrified to lend, they're terrified to foreclose. It's become an unfortunate catch-22 for those who wish to purchase property. In addition, the situation has lowered foreclosures, and lowered the desire for Americans to file for for bankruptcy to protect their home.

Americans are spending less. Overall, consumers have wised up, and are enduring the economic chaos by not spending as much. Less homes, fewer boats, fewer cars, fewer motorcycles, fewer flat-screen TVs--fewer overall big-ticket credit items are being obtained nationwide. Consequently, Americans have less in the way of assets to protect, making Chapter 7 a less inviting answer for financial debt problems.

The government has made it harder to declare bankruptcy. The means test is a difficult task to accomplish without a lawyer.

Property You Can Keep in Texas and New York Bankruptcies

Property You Can Keep in Texas and New York Bankruptcies

It will be taken by their court-appointed trustee and sold to make money to pay their creditors.

Although this basic concept is correct, a trustee does sell estate assets to make money to pay creditors, there are certain types of personal property that a debtor will be allowed to keep and that will be exempt from the bankruptcy process. Items that can be protected against bankruptcy can range from something as simple as clothing to something as meaningful as a debtor's house. Bankruptcy exemption laws passed in each state will list exactly what items can be claimed as exempt. Wading through bankruptcy law can be extremely confusing for inexperienced people, however, and if someone is contemplating bankruptcy they should consult with a competent bankruptcy attorney who will assist them with completing and filing their bankruptcy petition and schedules.es.


The bankruptcy exemptions that can be claimed by debtors in Texas and New York are somewhat similar but each state does also have certain unique provisions that apply only to debtors filing in that state. To almost every debtor, the most important exemption will be the homestead exemption, which in layperson's terms is the debtor's house. In terms of the exemptions applicable in Texas, either 10 acres of land including the home on that land, or a specific amount of rural land, can be claimed as exempt. New York exemption rules, on the other hand, state that an individual debtor can protect up to $10,000 equity in his house and a couple filing jointly can exempt up to $20,000 equity.

The debtor's car is usually his next most important asset because it is essential to have transportation in today's society. In Texas the exemption law says that up to 100% of one vehicle can be exempted. New York exemption law says that up to $2,400 in value of one vehicle can be exempted. For those debtors who run their own business, there is the exemption that covers tools of the trade.

Under Texas law, a debtor's bankruptcy lawyers can claim as exempt trade tools to the value of $750 and, under New York law, they can claim as exempt tools to the value of $5,000. A debtor's clothing is also important and in Texas 100% of a debtor's interest in clothing and similar personal items can be claimed as exempt. In New York, clothing and personal heirlooms valued at up to $5,000 can be exempted. Other state-specific exemptions are in place to protect things like alimony, qualified retirement plans, life insurance proceeds and unemployment compensation benefits which proves that bankruptcy is not a way to eliminate property but rather to eliminate debt.

Bankruptcy is a legal process that permits the debtors who are unable to cope up their debts to develop a payment plan over a period of time and ensures fair distribution of debtor's assets between creditors. We could not deny the fact that bankruptcy has its negative implications. Filing for bankruptcy requires a lot of process and forms to be filled up that could really be intimidating. Expect loss of your properties, credit cards and investments. Considering these negative consequences, it could really make you feel like it's the end of the world but put in mind that your life doesn't end here.

New York Bankruptcy Attorney is a New York City law firm dedicated to advocating the rights of individuals and corporations as they file for Chapter 7, 11, or 13 bankruptcy protection in New York and New York City.

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New york Las vegas bankruptcy laywerThe amount of time After

New york Las vegas bankruptcy laywerThe amount of time After Chapter 7 Bankruptcy Am i able to Hav

New york Bankruptcy attorney:For how long After Chapter 7 Bankruptcy Am i allowed to Apply for a Mortgage

For anybody who is eager to sign up for another mortgage, ask your New york bankruptcy attorney the way to apply it. Do I have to wait eight years before We are capable of acquire another mortgage?


You may or would possibly not know, by having a chapter 7 bankruptcy you get discharged from the money you owe. This tends to therefore be the reason it may seem that one could obtain a mortgage quite soon. It would wise to seek advice from your New york bankruptcy lawyer should this be the way it is.

What Your New york Las vegas bankruptcy laywer Will show you

Your lawyer will say that you need to wait at the least 2 years before you are allowed to request for an FHA loan. You will find there's surely the off chance possibly be able to get a home financing loan until the eighteen months are up. However, this might cease an FHA loan.

Your New york bankruptcy attorney believe you may need here so that they can be eligible for home financing loan:

l Discharge under Chapter 7

l Its also wise to have a good credit

l A number of first payment is required

l Savings wanted to placed down 10 to 15 percent recorded on your residence

Don't forget which can be may very well be harder to get home financing since crisis from just well over a couple of years ago. The had any One month late payments on record all through the 2 yrs prior in buying the mortgage.

Your New york las vegas bankruptcy laywer believe that once you have been granted chapter 7 bankruptcy, you've got to be completely current in the future in regularly paying all bills you might have, so that you can be eligible for a home financing loan.

Rebuilding Your credit ranking

We want to discuss easy ways the way to rebuild a good credit score. That is one of the many requirements so that you can obtain a house loan. It sure puts your self the road to ownership just as before. The chance we wish to suggest to think about, is opening a secured credit card together with your bank by supplying them collateral in providing them with a security deposit of either $250 or $500.

Another choice might be to reaffirm car finance right after a chapter 7 bankruptcy. You will need to conform to continue paying the debt. It's vital that you pay each of your accounts when they're due month-to-month to get started rebuilding your credit history. Also make sure that your New york bankruptcy lawyer appreciates your plans. The lawyer will give you some sound advice here.

Again, see your qualified New york bankruptcy lawyer in addressing one of your questions in terms of just what you are ready to do. The lawyer regularly practices bankruptcy law, and will also be your the avenue for call in to provide the needed answers.

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New york Las vegas bankruptcy laywerHow many years After Chapter

New york Las vegas bankruptcy laywerHow many years After Chapter 7 Bankruptcy Should i Have a Mort

New york Las vegas bankruptcy laywer:The amount of time After Chapter 7 Bankruptcy Should i Apply for a Mortgage

When you're wanting to make application for another mortgage, ask your New york bankruptcy attorney the best way to achieve it. Must i wait eight years before My business is permitted eliminate another mortgage?


As you might or will not know, accompanied by a chapter 7 bankruptcy you get discharged from your finances. This could certainly therefore function as the good reason that you may be thinking you can make application for a mortgage quite soon. It'll be smart to talk with your New york bankruptcy attorney seems like so.

What Your New york Bankruptcy Lawyer Can tell you

Your lawyer believe you need to wait not less than 2 years prior to being permitted to go for an FHA loan. There will be undoubtedly the off chance that you could be qualify for a home loan prior to when the two yearsrrr time are up. However, this may stop being an FHA loan.

Your New york bankruptcy attorney will let you know you'll need these particular that allows you to be entitled to a home financing loan:

l Discharge under Chapter 7

l You must also have a good credit

l Various sign up is necessary

l Savings should put up 10 to 15 percent upon your private home

Also keep in mind which may be can be difficult to get home financing ever since the crisis from just beyond few years ago. Set you back had any Thirty day late payments on record through a couple of years prior in wedding users and attendents mortgage.

Your New york las vegas bankruptcy laywer will let you know that once you have been granted chapter 7 bankruptcy, you must be completely current from that point on in regularly paying all bills you might have, as a way to be eligible for home financing loan.

Rebuilding Your credit ranking

We would like to discuss easy ways how one can rebuild a favorable credit record. This is certainly one of the several requirements that will help obtain a mortgage. It sure puts you on the direction to ownership all over again. The right we wish to counsel you to take into account, is opening a secured credit card using your bank by supplying them collateral in going for a burglar deposit of either $250 or $500.

An alternative is almost always to reaffirm an auto loan following having a chapter 7 bankruptcy. You want to sign up for continue make payment on debt. It really is important to pay all of your accounts in a timely manner each to get started with rebuilding your credit history. Also ensure your New york bankruptcy lawyer is sure of your plans. The lawyer provides you with some sound advice here.

Again, schedulae an appoitment with your qualified New york bankruptcy attorney in addressing any of your questions regarding what you are actually capable of do. The lawyer regularly practices bankruptcy law, and will also be your choice in delivering the needed answers.

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New York Bankruptcy Lawyers of Robert Aronov & Associates

somekeyword of Robert Aronov & Associates, PC are highly qualified bankruptcy attorneys, assisting people to file for bankruptcy relief under the Bankruptcy Code. Mr. Robert Aronov is admitted to the Supreme Court of the United States, Bars of the States of New York, the United States District Courts for the Southern, and Eastern Districts of New York. Mr. Aronov appears in Stanford "Who's Who" Among Practicing Attorneys. With experience of several thousand successful bankruptcy transactions, Robert Aronov & Associates, PC is a debt relief agency which has grown into a dedicated team ready to service all your bankruptcy needs.
In the last five years, over 2 million individuals filed for bankruptcy. Millions more are in serious financial jeopardy. Economists estimate that for every family that declares bankruptcy, there are seven more that should based on their debt load. Credit card abuse, for the most part, is a myth perpetuated by the credit card companies. The truth is the majority of individuals and families in financial trouble can be directly linked to circumstances beyond their control: the loss of a job, a medical crisis, or a family crisis such as a death or divorce.
And while bankruptcy is one avenue for dealing with debt issues, there are other alternatives. Whatever you decide to do, DO NOT FALL for "consolidation" or "credit repair" schemes.
Generally, letting a property go into foreclosure or conducting a 'short-sale' are both ineffective and potentially destructive choices to your credit when considering your property status.
Bankruptcy Practice of Robert Aronov, Esq. has experienced great success, with closing over several thousand transactions. Robert Aronov & Associates, P.C. counsels clients in all areas of bankruptcy law.

Free Consultation.
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Robert Aronov & Associates, P.C. attorneys offer a free consultation in which your financial situation will be analyzed and your options discussed.

Friendly, Experienced Staff: You will find their bankruptcy lawyers and legal staff friendly, experienced, and professional. They will treat you with respect and dignity, and really listen to help you accomplish your individual goals.

Affordable

Robert Aronov & Associates, P.C. consider themselves to be an "affordable law firm" for their area of practice. In most cases, attorney fees in a Chapter 7 Bankruptcy start at $750.00.
Attorney fees will be quoted during your free consultation. Contact one of their somekeyword today for further information or for a free initial consultation.

New york Bankruptcy attorneyYou should consider The certainty concerning Bankruptcy

New york Bankruptcy attorneyYou should consider The certainty concerning Bankruptcy

Many Americans in New york really should use a services on the New york bankruptcy attorney for your purposed of bankruptcy. Is declaring bankruptcy using choose individuals who are in debt? Would they truly benefit in declaring bankruptcy?

We are able to honestly state that you need to comprehend real truth bankruptcy. Understanding the info about bankruptcy will assist you in getting a whole understanding what is involved, and in case it is usually right for you. Your lawyer are the best person to go into the finer information on exactly what is all relating to filing for bankruptcy.


What you should Be aware of Bankruptcy

It does not always benefit everybody who are indebted. You will appreciate that you will find number of misconceptions about bankruptcy that goes around. Men and women will inform you that you certainly will lose most, it not exclusively, from your possessions similar to the home, the car you use, investment accounts, etc. It's also possible to be told that your particular credit are affected, and you will be unable to buy a job, get yourself a home ever again or maybe another car.

This may not really more mistaken. That you're indeed allowed to prevent your car, your residence, life's savings as well as other assets when bankruptcy options. Your New york las vegas bankruptcy laywer can help you understand much. Did you know bankruptcy can boost your credit score. You may be capable of be taught choosing a car immediately following you filed bankruptcy. Other truth your not told, is that you could get hold of a house two yearsrrr time in case you filed bankruptcy.

What Personal bankruptcy Does Available for you

This is the great and powerful tool which means that your New york bankruptcy lawyer will tell you. Particularly when used correctly. Look for that large corporations use bankruptcy at their advantage, and they also do so on a regular basis.

I mean techniques. We would like to list them to suit your needs here:

l Do not take debt anymore l That dream home is often saved for l The opportunity to fund your child's education l Putting away towards your retirement l Saving for that 10 to 15% down payment on another car l Getting an innovative bank loan twenty-four when you finally filed bankruptcy.

What is important to bear in mind is absolutely not to try and do this on your own. Call your New york bankruptcy attorney. In this manner you will discover from the lawyer, after careful assessment, whether bankruptcy is best for you. Any time it can be found bankruptcy is absolutely not best for you, your New york las vegas bankruptcy laywer must provide you with alternative non bankruptcy options that you will find.

You can expect to are in possession of the electricity in knowing whether bankruptcy meets your requirements or not. This truth are going to be told by the one and only your Las vegas bankruptcy laywer. They have got residence electricity bill to know what you are entitled to accomplish this is during line together with the law.

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New york Bankruptcy attorneyYou need to understand The real truth

New york Bankruptcy attorneyYou need to understand The real truth about Bankruptcy

Many Americans in New york may choose to work with the services of any New york bankruptcy attorney for that purposed of bankruptcy. Is declaring bankruptcy methods to go for people who find themselves owing money? Would they truly benefit in your bankruptcy filing?

We can honestly say that to consider the truth on bankruptcy. Understanding the details of bankruptcy will assist you in getting the complete being aware is involved, in case it is usually right for you. Your lawyer are the best person to go into the finer information on what the heck is all relating to bankruptcy.


What you ought to Be familiar with Bankruptcy

It does not always benefit everybody which were in debt. You will appreciate that you will find number of misconceptions about bankruptcy that goes around. Men and women will inform you of that you are likely to lose most, it not exclusively, from your possessions similar to the home, the car you possess, investment accounts, etc. It's also possible to be told that your particular credit will suffer, and you will be unable to buy a job, get yourself a home ever again or perhaps another car.

This may end more mistaken. That you're indeed permitted maintain the car, your household, current account and even other assets when declaring bankruptcy. Your New york las vegas bankruptcy laywer can help you understand much. Were you aware that bankruptcy can boost your credit score. You may have the ability to be taught getting a car as soon as you filed bankruptcy. Additional truth your not told, that you may get hold of a house two year period as you filed bankruptcy.

What Personal bankruptcy Is capable of In your case

This is the great and powerful tool which means that your New york bankruptcy lawyer will tell you. Particularly when used correctly. Look for that large corporations use bankruptcy at their advantage, and so they do so on a regular basis.

I mean techniques. We would like to list them for you personally here:

l Do not maintain debt anymore l That dream home is usually saved for l The opportunity to fund your child's education l Putting away towards your retirement l Saving for that 10 to 15% money on another car l Taking out the latest bank loan two yearsrrr time when you finally filed bankruptcy.

What is important to not overlook is absolutely not you need to do this on your own. Call your New york bankruptcy attorney. In this manner you will discover from the lawyer, after careful assessment, whether bankruptcy is best for you. In the instance that it can be found bankruptcy is absolutely not best for you, your New york las vegas bankruptcy laywer must give you alternative non bankruptcy options that you will find.

You can expect to now have the energy in knowing whether bankruptcy meets your requirements or not. This truth are going to be told by none other than your Las vegas bankruptcy laywer. They have got residence electricity bill to know what you are entitled to achieve that is during line together with the law.

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New york Bankruptcy Attorney The Benefits of Declaring Bankruptcy

New york Bankruptcy Attorney The Benefits of Declaring Bankruptcy

There comes a period for you once you could well be in desperate need of a New york Bankruptcy Attorney. Whenever you are not anymore in a position to repay what you owe and then your creditors are hounding you by making use of lenders. This is when you're certain you ought to do something regarding your dire situation.

You may very well consider that there is certainly hardly any answer for you. Well, it is not necessary to feel in this manner. The answer to the issue is a telephone call away. What you need to do could be to find your phone and call your Bankruptcy lawyer.


Why Consider Declaring bankruptcy

Particular person why you should consider declaring bankruptcy. Specifically for a while be ugh from your financial predicament. Utilizing a competent New york Bankruptcy Attorney provides you with the flexibility you have to lift get you started on your financial mess.

By doing this, it is possible to halt collectors from haggling together with you, prevent foreclosures, stop any repossessions of car, halt wage garnishment. Once you've got decided they would pursue the path of bankruptcy, you'll be able to go i'll carry on with your lifetime, unhindered by financial downfalls that have been the end result of unforeseen financial blows.

Heap why you need to seek bankruptcy relief , is that you will likely have the ability to participate in credit advice and management classes to instruct you to manage your finances better later on.With this you'll remain free from debt and understand how effectively to undertake your funds while rebuilding your credit track record.

Explanation why People Get Into Debt

Stress and anxiety are very known symptoms while you're relating to the brink of bankruptcy. All the more cause for people this predicament to employ the help of a New york Bankruptcy Attorney. Let's explore the various the reasons why people cannot help but to fall from the debt trap:

Job loss can be described as primary reason. Unexpected medical bills that no provision was made for. Falling straight into the trap of overspending resulting from not budgeting. Divorce can cripple anyone financial depending on outcome. People overusing credit cards to buy certain unforeseen expenses. Investments gone bad. Not being sure that there does exist sufficient emergency funds.

There are lots of more explanation why people get into debt in the first place, not mentioned over here,

Addressing Your Nightmares

It certainly will not be an aid to pretend you're an ostrich by putting bonce here and hoping your financial hassles might be away. To be honest, the sooner you face your problems and work with it, the simpler you can sleep in the dark. Why don't you take it together with New york Bankruptcy lawyer who's going to be adequately qualified when controling anyone situation you will probably find yourself to live in.

The bankruptcy lawyer arranges for any free consultation where your whole questions will be answered with your particular finances are going to be processed within a professional and courteous way. It would find that you're able to breathe again, when you've taken the step to get hold of your New york Bankruptcy lawyer.

If you're looking for a New york Bankruptcy lawyer you will not find somekeyword that's much better than Jeffry Peltz.of Brooklyn, New york.

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Chapter 13 Bankruptcy Attorney

Awareness of Chapter 13 rules is vital for anyone considering this type of bankruptcy protection as it requires repaying most of their debts, particularly certain priority claims including child support. A fundamental bankruptcy case invariably does not need a lawyer, though it is highly suggested while trying to save the property by filing bankruptcy under Chapter 13. Rules have since changed during 2005, but are virtually accessible to any resolute consumer.

Financial distress happens due to many reasons such as medical bills for uninsured illnesses, job loss, and physical disabilities among other reasons. In most cases in Plainview, these are out of the debtors' control. Under the provisions of Chapter 13 it is implied that one has a steady and sufficient income to repay the debts after taking care of one's basic living expenses. One may have to completely clear up one's debts through Chapter 7 bankruptcy if there is lack of enough stable income to satisfy the court's requirements.


Most repayment plans must be completed within three to five years, as per latest provisions of Chapter 13. Without judicial consent, one cannot get any new credit under Chapter 13 rules during the pendency of court-approved bankruptcy repayment plan.

Unlike total bankruptcy, rules of Chapter 13 allow consumers to include debts incurred like credit card/cash advances prior to filing the paperwork for debt relief. Under its proviso, a bankruptcy petition stays on consumer's credit report for seven years which is three years less than that in Chapter 7 cases. If one has unsecured debts like credit cards and personal loans for $300,000 or more, rules of Chapter 13 will not be beneficial and one has to pursue alternative bankruptcy petition.

Since there are a number of bankruptcy chapters, wage earner bankruptcy is merely a different way of referring to a Chapter 13 bankruptcy, otherwise known as reorganization bankruptcy and refers to a type of bankruptcy as explained in Chapter 13 of the United States Bankruptcy Code applicable in New York, New Jersey, Nassau County and Suffolk County.

Since a wage earner bankruptcy is a financial relief program to help debtors to revert on their feet, its most vital aspect is building a repayment plan to pay back the creditors over time. The support to repayment plan is provided by Debtor's income or wages, which clarifies the term wage earner bankruptcy wherein the debtor himself/ herself proposes a repayment plan based on his/her income to the court along with the rest of his/her wage earner bankruptcy.

The wage earner bankruptcy rules also include restructuring the debtor's assets, a list of exempted assets besides any relevant information about money owed to the creditor. If the debtor is married, all appropriate information about the spouse's financial status will be required forming part of the Chapter 13 bankruptcy petitions. The court will review the bankruptcy petition and appoint a trustee to manage the entire different processes involved in the wage earner bankruptcy.

In any form of bankruptcy, the trustee is, in fact, a court-appointed representative of the creditors. The role of the trustee in a rule under Chapter 13 is to ensure that the entire information in the Chapter 13 bankruptcy petition is correct and complete, and to supervise the reimbursement to the creditors by first reorganizing the debtor's assets and then the repayment plan. If one is in deep debt but having a monthly income, one is best advised to seek the legal advice of a Chapter 13 bankruptcy lawyer. He/she will be able to appraise one's financial and legal standings and advise whether one is eligible for wage earner bankruptcy or if another form of debt relief is appropriate.

Few words about Bankruptcy Attorney Scott-Schneider

The Legal Offices of Scott R. Schneider is a complete-service law firm to deal with bankruptcy besides real estate disputes. The firm provides premier legal assistance in discharging their credit card debt and affording them with a fresh lease of life and besides saving their homes from facing foreclosure. Many people are hesitant to call or seek help for their financial problems arising out of inability to pay their debts or unexpected foreclosure of their homes to save from embarrassment among relatives, friends and ultimately feel guilty or think they can somehow get the same resolved on their own.

The Legal Offices of Scott R. Schneider assists people in resolving their debt and create a plan for reverting to normal life. Attorney Schneider can assist with finding a suitable solution for resolving any matter pertaining to debtor-creditor relations particularly under Chapter 13 reorganization apart from others. For further information, visit somekeyword

Public Defender vs. Private Attorney

Should I hire a private lawyer or just go with a public defender?  What's the difference between the two?  What advantage would a private attorney give me over a public defender?   These are important questions to ask yourself when charged with a crime.  Naturally you would want the best representation possible.  But is it worth paying thousands of dollars to a private attorney when a public defender is free?

To begin with, let's define the two.  In Utah, counties and cities open a bidding process to fill the position of Public Defender.  Bids come in from various attorneys with different levels of experience and expertise.  The Public Defender contract is usually given to the lowest bid, sometimes with no regard for experience.  Once the public defender is selected he or she is inundated with cases, appointed by the court, for defendants who qualify for free representation.  The case load is always very large, and very limited of time is given to each case because of the volume of cases.

Public defenders work with the city and county prosecutors to resolve each case as quickly as possible.  Because of the huge demand on the public defenders, defendants do not always get the best representation or defense in their cases.  I have heard many defendants upset and frustrated that their public defender has no time to return phone calls, refuse to prepare a suppression  motion, do a preliminary hearing, or take their case to trial, because they don' have the time.

A Private Attorney is a lawyer who is hired by a defendant to represent them in court.  Private attorney's have much small case loads, thus they have more time to work on a case, interview witnesses, investigate and meet with the client, even return phone calls.

Hiring a private attorney allows you to shop around, get referrals, research which lawyer has experience in criminal law, and which one is a general attorney, knowing a little bit about a lot of different areas.  Most private attorneys will allow you to come into their office for a free initial consultation.  This way, you can find out how experienced the attorney is, his or her feelings about your case, and the fee you would be charged.

The saying "You get what you pay for" is often very true when hiring an attorney.  The more experience, the better the representation and defense.  If you are charged with a crime, give me a call.  You don't want to chance your future with anyone else.

HOW CHAPER 7 BANKRUPTCY IS FILED IN NEW YORK

Chapter 7 bankruptcy starts when the debtor or his New York bankruptcy attorney files a petition with the New York Bankruptcy Court. In addition to the petition, the debtor or his bankruptcy lawyer must also file the following documents: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement of financial affairs; (4) a schedule of executory contracts and unexpired leases; (5) a copy of the tax return. Those with predominantly consumer debt must also file a certificate of credit counseling as well as a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Other documents that will likely be needed: 1. A list of all creditors and the amount and nature of their claims; 2. The source, amount, and frequency of the debtor's income; 3. A list of all of the debtor's property; and 4. A detailed list of the debtor's monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc. Married persons must provide information for their spouse even if they are filing separate individual petitions or if only one spouse is filing. In chapter 7 bankruptcy cases, the income and expenses of the non-filing spouse is required at the time of the evaluation of the household's financial position. B. EXEMPT PROPERTY One bankruptcy schedule that is filed is that of "exempt" property. Bankruptcy Courts allow an individual debtor to protect some property from being confiscated when declaring a Chapter 7 bankruptcy. The United States Bankruptcy Code that permits each state, including New York, to implement its own exemption law in place of the federal exemptions. In many cases it is possible to keep your house, car and other property from being seized by creditors. C. STOPPING COLLECTIONS AND LAWSUITS Once a chapter 7 bankruptcy petition is filed, it automatically "stays" (legalese for "stops") most collection actions. Though there are some exceptions (e.g., school loans), for a large majority of debtors, lawsuits, wage garnishment and collection calls will stop. D. BANKRUPTCY COURT FEES Bankruptcy Courts charge a $245 filing fee, a $39 administrative fee and a $15 trustee surcharge. The fees must be paid to the clerk of the court upon filing, though the court may sometimes allow people to pay in installments. With the court's permission, however, individual debtors may pay in up to four installments over up to 120 days. Again, for good cause, the court may extend the number of days to 180, though it is rare. In even rarer situations, if the filer's income is less than 150% of the poverty level and he/she is unable to pay the bankruptcy court fees even in installments, the court may waive the requirement. That said, people must understand that everyone filing for bankruptcy is, by definition, undergoing serious economic troubles, so merely citing low income or high expenses will not differentiate them from all other bankruptcy filers. E. MEANS TEST The Chapter 7 bankruptcy means test is a formula applied to determine whether the debtor has enough moneye to make payments to the creditors in order to make sure that Chapter 7 is available only to those who are truly unable to pay off their debt. The means tests compares the debtor's income to the median in his or her state. It then calculates disposable income and unsecured debt. F. MEETING WITH TRUSTEE After the bankruptcy petition is filed in court, the debtor will be required to meet with the trustee, who will decide whether to approve the bankruptcy. At the meeting, the debtor will be under oath, and the trustee as well as the creditors may ask questions regarding the debtor's financial affairs and property. It is critical for the filer of the bankruptcy to be ready to answer questions properly and to provide all the necessary documents. G. APPROVAL OF CHAPTER 7 BANKRUPTCY After the bankruptcy petition and the necessary documents are reviewed, and questions are posed to the debtor, a decision will be made whether to approve Chapter 7 bankruptcy. In those cases where it will not be approved, the U.S. Bankruptcy Code allows the debtor to convert a chapter 7 bankruptcy into a chapter 11, 12 or 13, if otherwise eligible under the new chapter. An exception to this rule is where the chapter 7 was itself converted from another type of bankruptcy

Services Offered By The Law Office Of Michael Levitis

With recession hitting the US, we can say that almost fifty percent of the country was neck deep in debt. Trust me being in a situation where debt terrorises you can be quite a difficult situation to handle. The situation automatically worsens when you are living in the most demanding and intimidating city of the world, New York. Are you wondering what a common man can do or should do under such circumstances in order to get back his life on track? Employ services from Law Office of Michael Levitis. It is one of the most reputed and leading law firms that have been providing affordable bankruptcy attorney services in NYC for more than a decade now. The firm takes care of all the needs of the clients related to bankruptcy and debt settlement.

Whether you need any kind of advice on your financial matters, intend to file a bankruptcy or want to settle the amount of debt with your creditors, the lawyers at the Law Office of Michael Levitis are more than happy to offer their services and do everything it takes to make sure that you live your life again with dignity. The first consultation at the Law Office of Michael Levitis is completely free of cost, so you can visit their office without any hesitation. Only if you think that you can benefit from their services you can visit them again.

All their bankruptcy lawyers in New York are thoroughly experienced and take complete responsibility of your case once you have decided to join hands with them. Only after thoroughly studying your case and accessing your situation the lawyers come to a conclusion that is the best keeping in mind the present circumstances. Whatever your financial situation may be, the lawyers at Law Office of Michael Levitis try to avoid bankruptcy, until and unless it is the last option available.

They completely understand that how filing bankruptcy can affect your credit score and insist on debt settlement as far as possible. These lawyers also take complete care of all the legal hassles and paperwork to avoid any kind of inconvenience to you. All these services are available extremely affordable rates, as the main motive of the lawyers at Law Office of Michael Levitis is to help you get another chance to start afresh with clean financial image.

Picking Between Different DWI Lawyers in Houston, TX

If the only trouble you've ever gotten into is getting a DWI in Texas, you're still potentially in a lot of trouble. There are people in Texas who have multiple offenses and who still drive because they were arrested before the laws were made stricter. The presence of these people, and the fact that they tend to reoffend, has resulted in very strict laws and very tough punishments. Even if it's your first offence, you're facing a much harsher environment in the Texas judicial system for anyone who happens to drive drunk.

What You Face


You may be looking at jail time if it's not your first offense. If you've committed your first DWI offense, however, you still might be looking at harsh punishments. Each of the punishments comes with complications and, because of that, you need to consider which DWI lawyers in Houston, TX could really help you and which ones could not.

If you end up with a license suspension, which is one of the milder forms of punishment, you're going to be looking at having trouble getting to work, getting groceries and taking care of other everyday tasks. Unless you happen to live somewhere in the city where you never have to drive, life is going to get complicated once you lose your license. Don't even think about driving without your license: it will make things even worse for you.

If jail time is an issue, you're going to be looking at a huge number of complications. Rent doesn't stop coming due while you're in jail, bills don't stop rolling in and your job may just decide they don't want you working for them anymore. Even a 30-day stint in jail can complicate your life a great deal.

If you're a repeat offender, you're probably looking at a lot of serious punishments. Here are some things to look for in DWI Houston lawyers when you're trying to find one to represent you.

Track Record

Don't just look for experience. You could find somekeyword who are very experienced and who tend to accomplish nothing for their clients. Ask the attorney how many of their clients they have helped by reducing sentences, reducing charges or even getting rid of charges.

Make sure you tell the attorney everything about your case from the start, as well. Deceiving your attorney will only create problems for you down the road. If you're not honest with them, you may ruin your whole defense.

Your attorney will be able to get access to all the relevant records and other documents detailing your case. If you have any other information that you feel might help them, be sure to let them know.

Look for an attorney who handles a lot of DWI cases. somekeyword, TX have to be up to date on the latest changes in the law and, in addition to that, they have to know how serious matters can get for their clients so that they always provide them with excellent representation.

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Houston Personal Injury Lawyer Marysville Purpose in DWI Situations

With all of the information punching the airwaves these days it truly is hard to imagine that a number of people still think they are able to drink and drive. The problem is that his or her judgment is impaired and they become any sort of accident waiting to happen. Individuals under the influence are apt to have slow reaction instances meaning that the prey of the crash gets full impact. Oftentimes involving DWI accidental injuries in Houston, the individual that was drinking seldom sustains life threatening injuries because of their relaxed condition. The other party that's impacted however usually experiences serious or perhaps fatal injuries.

If you're the recipient of an accident involving a Driving while intoxicated you need representation. Sad to say the other party's insurance firm tries to save prices by offering a settlement that is nowhere near what can that justifies your current injuries. Houston crash lawyers can help you battle DWI injuries and also receive the proper settlement you are due.


There are various things that must be part of a case against a drunk driver. Reimbursement can include but not end up being limited to: negligence, lost pay, pain and suffering and injury. The pain and suffering can also be extended to help immediate family members. That is a serious matter that must definitely be handled professionally from the start. A Houston car accident lawyer is well versed in these types of somekeyword and realizes the actual sensitivity that is required. Many people after such a horrific accident can't seem to get behind the tyre again. By using a Houston Personal Injury Lawyer Marysville you will know your case is being taken care of by top notch legal representatives who bring with these many years experience. They may deal with the insurance company and that means you do not have to.

The Dallas accident lawyer knows the importance of an only settlement. DWI scenarios are difficult to withstand with the personal feelings included. The other party had no regard for another man or woman once he placed the key in the key. Your Houston personal injury attorney will use this because leverage to obtain the very best settlement offer doable. You will find comfort in knowing that your case will be handled by somebody that will not settle for lower than fair.

Once your law firm has factored in every item and fixture relative to your situation he will present the offer to the insurance company's lawyer. There will be no strategies used against the Houston accident attorney at law to scare your pet into reducing his settlement offer. Your own lawyer has worked using the insurance companies many times prior to and cannot be intimidated by them, but rather he'll almost certainly likely intimidate the insurer by warning what may happen if the scenario goes to trial.

If yourrrve been injured by a Driving under the influence driver, first take care of yourself and look for the proper medical attention after that call a Houston accident lawyer to debate potential legal action. Certainly not speak with the insurance company yourself, or agree to anything at all. The insurance company is only interested in settling the case as quickly as possible, for as little as achievable. The insurance company is counting on you not being informed in your rights. They wish to offer you a settlement swiftly and close their file. Your Austin Personal Injury Lawyer Marysville does not need to in close proximity fast. If the settlement deal offer is not appropriate to you, your legal professional will proceed throughout taking the case to court.

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Houston Personal Injury Lawyer Marysville Part in DWI Instances

With all of the information hitting the airwaves these days it's hard to imagine that many people still think they're able to drink and drive. The problem is that their judgment is disadvantaged and they become a car accident waiting to happen. Men and women under the influence have slow reaction situations meaning that the target of the crash obtains full impact. On many occasions involving DWI traumas in Houston, the person who was drinking not often sustains life threatening accidental injuries because of their relaxed talk about. The other party which was impacted however typically experiences serious or maybe fatal injuries.

For anyone who is the recipient of a car accident involving a Dui you need representation. Sadly the other party's insurance carrier tries to save charges by offering a settlement which is nowhere near a sum that justifies your injuries. Houston incident lawyers can help you deal with DWI injuries and receive the proper compensation you are due.


There are lots of things that must be included in a case against any drunk driver. Payment can include but not always be limited to: negligence, lost wages, pain and suffering and tension. The pain and battling can also be extended in order to immediate family members. This can be a serious matter that needs to be handled professionally right from the start. A Houston incident lawyer is trained in in these types of somekeyword and realizes this sensitivity that is included. Many people after this kind of horrific accident cannot get behind the tire again. By using an Austin Personal Injury Lawyer Marysville you will know that a case is being treated by top notch legal professionals who bring with them many years experience. They are going to deal with the insurance company so you do not have to.

The Houston accident lawyer recognizes the importance of a simply settlement. DWI circumstances are difficult to withstand due to the personal feelings required. The other party didn't have regard for another person once he put the key in the key. Your Houston accident lawyer will use this while leverage to obtain the ideal settlement offer feasible. You will find comfort in realizing that your case is now being handled by someone that will not settle for a lot less than fair.

Once your attorney has factored in everything relative to your event he will present the sale to the insurance firm's lawyer. There will be no practices used against your Houston accident lawyer to scare them into reducing his / her settlement offer. Your current lawyer has worked while using insurance companies many times ahead of and cannot be afraid of them, but rather he'll likely intimidate the insurance company by warning just what may happen if the case goes to trial.

If you've been injured by a Dui driver, first manage yourself and find the proper medical attention and then call an Austin accident lawyer to discuss potential legal action. In no way speak with the insurance company by yourself, or agree to nearly anything. The insurance company is only enthusiastic about settling the case immediately, for as little as possible. The insurance company is depending upon you not being educated in your rights. They would like to offer you a settlement rapidly and close the file. Your Houston Personal Injury Lawyer Marysville does not need to close up fast. If the arrangement offer is not acceptable to you, your attorney will proceed inside taking the case to court.

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California Appeals Courts Start To Decide Cases on Illegal DUI Blood Draws

Earlier this year the US Supreme Court ruled that a DUI blood draw against a person's consent violates the Constitution. Recently, in seven separate cases, each defendant was charged with misdemeanor driving under the influence (Veh. Code, § 23152, subds. (a), (b)) and filed a motion to suppress evidence pursuant to section 1538.5, contending that the blood drawn from his person subsequent to arrest and pursuant to the implied consent law should be suppressed under Schmerber v. California because the blood draw was not performed in a constitutionally reasonable manner. In each case, the arresting officer transported the defendant to the jail (or in one case a hospital) where phlebotomists or other technicians drew the blood. The officers observed the blood draw and testified that each defendant agreed to the test, no defendant experienced undue pain, and the draw was performed in a sanitary manner. The motions to suppress were denied in six of the seven cases. The appellate division of the superior court agreed with the defendants that the evidence should have been suppressed. The California Court of Appeal transferred the cases from the appellate division and consolidated the cases for decision. The Courts Reversed. Finding that the means and procedures used to obtain a blood sample from an arrestee in a DUI case must be reasonable under the Fourth Amendment. If a physician does not draw an arrestee's blood in a hospital, courts evaluate whether the conditions of the blood draw created an undue risk of harm to the arrestee. Testimony from a police officer who witnessed the blood draw may properly be considered in evaluating whether the blood draw was conducted in a constitutionally reasonable manner—expert testimony is not required. Here, the officers' unrebutted testimony showed that the blood draw did not expose the defendant to an unjustified element of personal risk of infection or pain and was not performed in a manner which created any undue harm or risk. The blood draws were conducted in a constitutionally reasonable manner.