Driving license in the United States not only gives you rights and permissions to drive motor vehicle but also acts as personal identity card like the Social Security Number. It can be used as a form of identification for several purposes like opening bank accounts, traveling within the country, and as proof of legal age to buy alcohol and tobacco.
US federal government does not issue national driver licenses. All the 50 US states issue driving licenses separately and they can be used anywhere in America, Canada, and even abroad in certain countries. Every state has its own requirements and application procedures for driving license to the citizens as well as immigrants.
However, in all states you have to appear in a written test, road test and vision test. Some of the states allow foreign license as a proof of one's ability to operate a motor vehicle, thus if you have one they may not ask you to give a road test again. There are also different classes of licenses depending on the type of vehicle you will drive.
If you have not taken the US citizenship, you have to show the proof of your Immigration status for applying for a driving license from any state. This was added by the federal government after 9/11 as an extra security measures when obtaining a driving license. Driver licenses that do not meet these requirements are not accepted as legal identification to get entry into a federal building or to board an airplane in the country.
There is a US government website (www.dmv.org) that provides information on driving license. The site has all the details – how you can apply, what are the procedures and requirements for a driving license. It has a map of the US and by clicking on the state where you want to apply you can get the information and the procedures.
If you are planning to go to the US, besides American visa and driving license there are many things you should know about. Visit http://www.myusgreencard.com which specializes in filling in the forms of US green card lottery in a complete and accurate manner ensuring that your form for the lottery is complete in all respects. You can get information about social security card, diversity lottery, US citizenship, etc. at the portal.
Source
Monday, August 17, 2009
Monday, August 3, 2009
How drunk or high does someone have to be before he can be convicted of driving under the influence?
In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned." States vary as to the blood alcohol content (BAC) level that constitutes a DUI (driving under the influence) or DWI (driving while intoxicated).
On the other hand, these days it's hard to "win" a drunk driving case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). And the punishments for DUI are pretty standard. If you were truly guilty, it's unlikely that a lawyer could get you any better of a deal or plea bargain than you can get for yourself.
Source
How can the police find out whether a driver is under the influence?
Police typically use three methods of determining whether a driver has had too much to be driving:- Observation. A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
- Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
- Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood, or urine test -- others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.
Do I have to take a blood, breath, or urine test if asked to do so by the police?
You may refuse to take a chemical test (blood, breath, or urine), but almost every state has a so-called "implied consent" law, and, under such laws, a refusal can result in suspension of your driver's license from anywhere between three to 12 months. (This is true even if you're eventually found not guilty of the current drunk driving charge.) Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned.If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide which chemical test to take?
The answer depends on where you live. In California, for example, you don't have the right to speak with an attorney first. But some states, including Arizona, allow you to talk to your lawyer before you take a chemical test.If I'm stopped for driving under the influence, can a police officer ask me questions without reading me my rights?
Sometimes. The answer depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.I've been charged with drunk driving. Should I get a lawyer?
Defending against a charge of drunk driving is a tricky business. Defenders need to understand scientific and medical concepts, and must be able to question tough witnesses, including scientists and police officers. If you want to fight your drunk driving charge, you're well advised to hire an attorney who specializes in these types of cases.On the other hand, these days it's hard to "win" a drunk driving case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). And the punishments for DUI are pretty standard. If you were truly guilty, it's unlikely that a lawyer could get you any better of a deal or plea bargain than you can get for yourself.
I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?
Yes, as long as the police use a neutral policy when stopping cars (such as stopping all cars or stopping every third car) and they minimize any inconvenience to you and the other drivers. The police can't single out your car at a roadblock unless they have good reason to believe that you've broken the law.Source
Monday, July 6, 2009
A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future
As promised, our weekly "Attorney Sam's Take" discussion completes our examination of how involvement in the criminal justice system effects students.
We have discussed how, beyond the obvious, the arrest of a juvenile student in Massachusetts can seriously effect that student’s future plans. We have also mentioned how the earliest consultation with an experienced criminal defense attorney is vital in order to best attempt to prevent, or at least minimize, damage.
Of course, not all students are juveniles. Some are already adults. There are a few big differences. Remember how I wrote about the Juvenile System’s concerns being primarily rehabilitative? Well, such is not the case with adults. Further, while a juvenile’s prior record is often disregarded…no such luck for the adult.
The result of these differences?
Harsher realities.
Let’s take an example.
Last Thursday, 18-year-old Kyle R. (hereinafter, the “Defendant”) had a bit of trouble with the Taunton police. It seems he is being accused of driving drunk (aka OUI). Well, maybe a little more. He also faces charges of driving so as to endanger, carrying a dangerous weapon, (a spring-loaded folding knife) and violating the terms of a juvenile operator's driving license.
“What brought the lad to the attention of the law?”, you ask.
Well, the police say it was his driving his car into a speed limit sign and a fire hydrant just after 1:00 a.m.
We have discussed how, beyond the obvious, the arrest of a juvenile student in Massachusetts can seriously effect that student’s future plans. We have also mentioned how the earliest consultation with an experienced criminal defense attorney is vital in order to best attempt to prevent, or at least minimize, damage.
Of course, not all students are juveniles. Some are already adults. There are a few big differences. Remember how I wrote about the Juvenile System’s concerns being primarily rehabilitative? Well, such is not the case with adults. Further, while a juvenile’s prior record is often disregarded…no such luck for the adult.
The result of these differences?
Harsher realities.
Let’s take an example.
Last Thursday, 18-year-old Kyle R. (hereinafter, the “Defendant”) had a bit of trouble with the Taunton police. It seems he is being accused of driving drunk (aka OUI). Well, maybe a little more. He also faces charges of driving so as to endanger, carrying a dangerous weapon, (a spring-loaded folding knife) and violating the terms of a juvenile operator's driving license.
“What brought the lad to the attention of the law?”, you ask.
Well, the police say it was his driving his car into a speed limit sign and a fire hydrant just after 1:00 a.m.
Now, we know that The Defendant, now an adult in terms of being prosecuted, is in trouble...as any person so charged would be.
But, let’s move him from Taunton and place him right in one of the many educational institutions in the Boston area. Of course, where we put his automobile accident will effect things right off.
If the accident took place on campus, the results to his status on campus would absolutely be effected. There would be some kind of hearing at the school and, very likely, he would be told he could not be on campus anymore because of the threat he presents to the school community. You see, schools tend to take things like drunk driving, illegal driving and the carrying of weapons quite seriously…especially when these things are done on the actual campus.
In other words, suspension or even expulsion could be the result even long before the criminal justice system has determined guilt or innocence. This is because, in the school setting, the accused does not possess as many rights as he does in the criminal justice system. Sometimes, the school will wait to see what the courts do. Often, they do not. In cases where a school does wait, then the determination in court will almost dictate what the school will do.
Keep in mind that, like other such entities, schools do not like to get sued. Therefore, the omnipresent concern we often hear from law enforcement, “What if he goes out and kills somebody?”, is also alive and well in the school administration.
But, there is more to be worried about if you are the Defendant and a student, isn’t there?
The Defendant is an adult now. It will be harder to seal this record and, as you know if you are a regular reader to this daily blog, expunging the record is simply not going to happen. If convicted, the Defendant will have to wait years before being able to even try to seal his record. Yes, many more years than he has before applying to graduate schools and/or his first employment.
In fact, any future plans he has will now have to be adjusted for the fact that he has the criminal conviction(s). This will include continuing his education, military service and most places of employment. It will also have to be dealt with, should he get past the continuing education issue, when facing any licensing boards that might be necessary in a chosen profession, such as law, medicine, accounting and the like, not to mention any job that requires a security clearance.
Again, if the Defendant were a juvenile, this record would not come up so easily and would not have to be addressed in all applications because of protections we give to juveniles. Part of that protection is that, except in certain circumstances (such as homicides), the finding against a juvenile is “delinquency”, not “guilty”. That will change the answer to questions like “have you ever been convicted of a crime.”
Many of the same concerns that we examined in Part One of this Attorney Sam’s Take discussion involving juveniles are even greater in terms of a student who is not a juvenile.
For example, let’s take the example of a student who is convicted of a sex offense. While even a juvenile may be forced to register with the Sex Offender Registry, such registration is not always the result. However, for an adult convicted of a sex crime, registration is an absolute reality, the only question being what level.
Other ramifications are greater for the adult student than for the juvenile. For example, guilty findings for adults also effect actions by other agencies from national agencies controlling immigration to more local agencies such as the Department of Motor Vehicles. Clearly, in this matter, should convictions result, there will be a loss of license for a certain time.
There is one final difference between the effect on an adult student as opposed to that of a juvenile student that I need to address. Namely, jurisdiction of the legal body which oversees the Defendant.
For example, the worst the Justice System is likely to find against the juvenile is a finding of “Delinquency”, as noted above, and any resulting probationary or Department of Youth Services oversight of the Defendant ends when he is no longer a juvenile.
This is not the case with the adult. The adult’s probation will extend for as long as the court says it will extend. While a juvenile must be released from DYS custody upon becoming an adult, the sentenced adult will have to serve whatever term the court has imposed.
Therefore, the more direct gifts of conviction are longer lasting and can be more pervasive for the adult. For example, the juvenile offender who attains adulthood no longer has to consult a probation officer before applying to and attending schools (whether in or out of state). Not so with the adult offender.
In any event, the fact that a defendant is a student is not often a huge help in facing criminal justice anymore. While court's like to see a defendant with a future (who will hopefully not become a repeat offender), the addage of "Boys will be boys" is not longer an active principle in the criminal justice system.
Of course, every case is different to some degree, and it is impossible to render an exhaustive treatise on the subject in this short blog. The advice, however, remains the same.
If you or a loved one find themselves in the wrong end of the government’s finger of blame, it is vital that you consult an experienced defense attorney to advise as to options from the onset. That way, as you are driven through the myriad of corridors of the criminal justice maze, you can best make informed decisions, be defendant and actually have a road map.
Source
But, let’s move him from Taunton and place him right in one of the many educational institutions in the Boston area. Of course, where we put his automobile accident will effect things right off.
If the accident took place on campus, the results to his status on campus would absolutely be effected. There would be some kind of hearing at the school and, very likely, he would be told he could not be on campus anymore because of the threat he presents to the school community. You see, schools tend to take things like drunk driving, illegal driving and the carrying of weapons quite seriously…especially when these things are done on the actual campus.
In other words, suspension or even expulsion could be the result even long before the criminal justice system has determined guilt or innocence. This is because, in the school setting, the accused does not possess as many rights as he does in the criminal justice system. Sometimes, the school will wait to see what the courts do. Often, they do not. In cases where a school does wait, then the determination in court will almost dictate what the school will do.
Keep in mind that, like other such entities, schools do not like to get sued. Therefore, the omnipresent concern we often hear from law enforcement, “What if he goes out and kills somebody?”, is also alive and well in the school administration.
But, there is more to be worried about if you are the Defendant and a student, isn’t there?
The Defendant is an adult now. It will be harder to seal this record and, as you know if you are a regular reader to this daily blog, expunging the record is simply not going to happen. If convicted, the Defendant will have to wait years before being able to even try to seal his record. Yes, many more years than he has before applying to graduate schools and/or his first employment.
In fact, any future plans he has will now have to be adjusted for the fact that he has the criminal conviction(s). This will include continuing his education, military service and most places of employment. It will also have to be dealt with, should he get past the continuing education issue, when facing any licensing boards that might be necessary in a chosen profession, such as law, medicine, accounting and the like, not to mention any job that requires a security clearance.
Again, if the Defendant were a juvenile, this record would not come up so easily and would not have to be addressed in all applications because of protections we give to juveniles. Part of that protection is that, except in certain circumstances (such as homicides), the finding against a juvenile is “delinquency”, not “guilty”. That will change the answer to questions like “have you ever been convicted of a crime.”
Many of the same concerns that we examined in Part One of this Attorney Sam’s Take discussion involving juveniles are even greater in terms of a student who is not a juvenile.
For example, let’s take the example of a student who is convicted of a sex offense. While even a juvenile may be forced to register with the Sex Offender Registry, such registration is not always the result. However, for an adult convicted of a sex crime, registration is an absolute reality, the only question being what level.
Other ramifications are greater for the adult student than for the juvenile. For example, guilty findings for adults also effect actions by other agencies from national agencies controlling immigration to more local agencies such as the Department of Motor Vehicles. Clearly, in this matter, should convictions result, there will be a loss of license for a certain time.
There is one final difference between the effect on an adult student as opposed to that of a juvenile student that I need to address. Namely, jurisdiction of the legal body which oversees the Defendant.
For example, the worst the Justice System is likely to find against the juvenile is a finding of “Delinquency”, as noted above, and any resulting probationary or Department of Youth Services oversight of the Defendant ends when he is no longer a juvenile.
This is not the case with the adult. The adult’s probation will extend for as long as the court says it will extend. While a juvenile must be released from DYS custody upon becoming an adult, the sentenced adult will have to serve whatever term the court has imposed.
Therefore, the more direct gifts of conviction are longer lasting and can be more pervasive for the adult. For example, the juvenile offender who attains adulthood no longer has to consult a probation officer before applying to and attending schools (whether in or out of state). Not so with the adult offender.
In any event, the fact that a defendant is a student is not often a huge help in facing criminal justice anymore. While court's like to see a defendant with a future (who will hopefully not become a repeat offender), the addage of "Boys will be boys" is not longer an active principle in the criminal justice system.
Of course, every case is different to some degree, and it is impossible to render an exhaustive treatise on the subject in this short blog. The advice, however, remains the same.
If you or a loved one find themselves in the wrong end of the government’s finger of blame, it is vital that you consult an experienced defense attorney to advise as to options from the onset. That way, as you are driven through the myriad of corridors of the criminal justice maze, you can best make informed decisions, be defendant and actually have a road map.
Source
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