Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

April 23, 2012

Probable Cause

Filed under: Criminal Law — Tags: , , — markj @ 7:00 am

The term “probable cause” is used in a variety of situations related to law enforcement and criminal procedure, from interviewing a subject who the police believe may have committed a crime to searching a subject’s car after making a routine traffic stop.  This article provides an overview of what probable cause is (and what it is not).

Definition of Probable Cause

Probable cause is when law enforcement has reason to believe that someone may have committed a crime and therefore they have the right to escalate their actions beyond what they normally have the right to do.  Probable cause stems from wording in the Fourth Amendment.  The Fourth Amendment reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourth Amendment gives people a certain amount of privacy.  But if a member of law enforcement has reason to believe a crime has been committed, the Fourth Amendment also gives them power to take steps to invade a person’s privacy to seize that person’s property or even arrest that person.

Probable cause is generally needed for law enforcement to obtain a warrant to execute a search or carry out an arrest.

Obtaining a Warrant

A warrant is written authorization by a judge for law enforcement to carry out certain actions they cannot perform normally.  A judge should only issue a warrant when law enforcement has demonstrated to the judge that they have sufficient reason to believe the action is justifiable.

Law enforcement generally needs a warrant in two primary situations:

Search Warrant.  When law enforcement believes evidence of a crime exists on someone’s private property, they generally need a search warrant in order for them to legally invade that person’s privacy to attempt to locate that evidence and seize it for future use in a trial.

A search warrant usually needs to describe the location being searched and the items being looked for.  When police are executing a search warrant, if they come across other illegal items or evidence, they can usually seize it as well, even if it is not the original item described in the search warrant.

Arrest Warrant.  When law enforcement believes there is sufficient evidence that someone committed a crime, they generally need to obtain a warrant in order to arrest that person.  The need for an arrest warrant occurs when law enforcement has not actually observed the commitment of a crime.

Legal Assistance

The information above should not be considered legal advice.  But if you believe you have been arrested or your private property has been searched without probable cause, you should seek the help of a criminal defense attorney.  A criminal defense attorney can review the facts of your case to determine if law enforcement has violated your Fourth Amendment rights, which could mean that evidence that could be used against you in court may be disallowed.

April 20, 2012

Illegal Search and Seizure

Filed under: Criminal Law — Tags: , , — markj @ 7:00 am

One of the Amendments to the United States Constitution that is commonly referenced in criminal law today is the Fourth Amendment.  The following blog explains more about what the Fourth Amendment means and how it applies today.

Definition

The Fourth Amendment protects people against illegal search and seizure.  The Fourth Amendment reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

There are several key points about the Fourth Amendment worth considering separately to understand how it applies today:

  • A search must occur.  For the Fourth Amendment to protect against illegal search and seizure, a search must actually occur.  A search occurs when a person expects that something is private and society in general agrees that thing is private, but law enforcement seeks to view that private something.
  • A seizure must occur.  Likewise, for the Fourth Amendment to apply, law enforcement must seize a person or a person’s property.

Legal Search and Seizure

Given the above, a legal search and seizure occurs when a search by law enforcement occurs when there is no general sense of privacy.  Privacy is a subjective topic, so there are no hard and fast rules as to what is and is not private.  Following is a general overview of how privacy may be viewed for different items and locations:

  • Automobile.  Generally, when something is in your automobile, it is not considered private.  This is in large part because there is established precedent that if the police observe anything suspicious in your behavior or items they view in plain sight in your car, it gives them probably cause to search the rest of your car without obtaining your permission or a search warrant.
  • Bags.  If you carry something in a bag, purse, wallet, or other container, it is generally considered private.  However, if you are arrested, this right to privacy generally goes away, as the police an inventory your possessions and anything illegal they discover can be used in charges against you.
  • Home.  If something is in your home, it is generally considered private.

Remember the information above is a generality.  Depending on the individual circumstances, an expectation to privacy may not exist.  For example, while law enforcement must usually obtain a search warrant in order to search your home, if they believe a person is in danger or evidence may be destroyed, they may be able to enter your home without a search warrant and use any evidence they find in support of criminal charges filed against you.

In addition, remember that protection against illegal search and seizure only applies to law enforcement or other governmental agencies.  If you are in a public location where private security guards are present, these private security personnel may have the right to search your possessions.  And if the private security personnel find illegal materials, these materials can be provided to law enforcement and used to support criminal charges against you.

Public

It is also worth noting that anything that is public has no protection against illegal search and seizure.  Items that have been ruled public include:

  • Garbage.  Courts have ruled that anything a person throws away, even if it is sealed in a garbage bag and placed in a garbage receptacle for collection by a sanitation crew, such materials are now public and may be legally searched and seized by law enforcement.
  • Envelopes.  The courts have also ruled that anything in an envelope, even if sealed, can be opened and viewed by law enforcement.

Keep in mind the information above is general in nature and should not be considered legal advice.

Legal Assistance

If you believe that law enforcement has enacted an illegal search and seizure against you or your property, you should seek the council of a criminal defense attorney.  A criminal defense attorney will be able to evaluate the circumstances under which the search and seizure occurred, and if the search and seizure was in fact illegal, the criminal defense attorney can likely have any evidence of crime obtained as a part of the illegal search and seizure removed from consideration in any criminal charges against you.

April 17, 2012

Medical Marijuana and Legal Use

Filed under: Criminal Law — Tags: , , , — markj @ 7:00 am

“Medical marijuana” is a term that refers to the use of marijuana for medical purposes, rather than as an abused drug that is considered a crime.  Medical marijuana can refer to either the cannabis herb grown for medical use or synthetic forms of cannabis that produce the same effect as the cannabis herb when consumed.

What conditions can medical marijuana treat?

The smoking of marijuana has been shown in at least limited medical studies to have a beneficial effect in treating the following conditions:

Glaucoma.  Medical marijuana has been shown to provide a short-term reduction in intra-ocular pressure (IOP) commonly associated with glaucoma.

Cancer.  Medical marijuana has been shown to stop if not reverse tumor growth in cases and prevent the metastasizing of cancer into other parts of the body.

HIV.  Marijuana has resulted in a reduction in pain related to HIV.

Alzheimer’s and ALS.  Medical marijuana has proven to slow the onset of symptoms related to Alzheimer’s disease and ALS.

The above is only a partial list of the most commonly discussed conditions that medical marijuana may be used to treat.  Medical marijuana may be used for treating other conditions as well.

But the use of marijuana for treating medical conditions is not supported by many in part because it has proven beneficial in only limited medical studies and has only a relatively short-term effect, often requiring consumption every two to three hours.  Others support use of the drug because it is generally considered not to have any serious side effects.

Is use of medical marijuana legal?

The legality of medical marijuana is hotly debated.  “Medical marijuana” is no different than the commonly abused drug marijuana.  The Controlled Substances Act passed in 1970 classifies marijuana as a Schedule I controlled substance, which means it has a high potential for abuse, no formally accepted medical use for treatment of conditions in the United States, and a lack of safety procedures accompanying use of the drug.

However, several states—14 in total, with California being the first—have legalized the production of marijuana for medical use and the prescription of marijuana by doctors for treatment of specific medical conditions.

Therefore, in the majority of states, the use of marijuana, even for the treatment of medical conditions, is illegal.  Even in states where use of marijuana has been legalized for the treatment of medical conditions, people can be subject to criminal charges if they possess too much of the drug or sell or distribute the drug to others.

Depending on the circumstances, marijuana-related offenses can be misdemeanors or felony crimes, resulting in fines or jail time.

What if I have been arrested and charged with a crime when using marijuana for medical purposes?

If you reside in a state that has approved the use of marijuana for the treatment of certain medical conditions, you have such a condition, and you possess marijuana with a prescription from a physican, but you have been arrested and charged with a crime related to the marijuana, you should speak with a criminal defense attorney.  The laws related to the use of marijuana for medical purposes can be confusing and may not be applied correctly, since law enforcement has for so long considered any use of marijuana to be illegal.  A criminal defense attorney will understand the laws related to use of marijuana in your state and how they apply to your situation, to help you mount the best defense against any criminal charges.

April 15, 2012

Disturbing the Peace

Filed under: Criminal Law — Tags: — markj @ 7:00 am

Disturbing the peace is a crime that occurs when someone performs actions or uses language that infringes on the peace or tranquility of others or may cause them harm.  Disturbing the peace can include but may not be limited to the following actions or types of language:

  • Fighting or attempting to fight someone while in public
  • Actions or language at a school that is considered bullying
  • Using words or language that is offense in such a manner as to instigate a riot
  • Using words or language to incite others to commit an unlawful act
  • Knocking loudly on hotel walls or doors with the intention of disturbing other guests
  • Playing loud music at night in a residential neighborhood, especially if the person has been asked to stop or receive warnings from the authorities
  • Allowing a dog to continually bark in a residential neighborhood, especially if the owner has been warned about the disturbance previously

In general, actions that are considered disturbing the peace have to be intentional and for the purpose of causing harm.  Given this distinction, disturbing the peace typically does not include the following actions:

  • Fighting in self-defense of yourself or others
  • Any action that is considered to simply be horseplay with friends or others
  • Causing someone simple embarrassment or annoyance
  • Running into someone by accident
  • Making an obscene gesture toward someone

Purpose

The goal of disturbing the peace ordinances is to maintain a certain level of order within society.  People in general have the right to go about their daily lives without having their safety or health threatened or otherwise living under fear that harm may occur to them.

Protecting Your Rights

If you believe are the victim of behavior that would be considered disturbing the peace or that is causing you harm, you can and should take action to protect your rights.  These actions may include the following:

  • Request that the behavior stop.  If you believe you can ask the person to stop the behavior without escalating the situation, you should do so.  However, if you believe such an attempt could threaten your safety or your request for the behavior to stop does result in you believing your safety is in danger, you should remove yourself from the situation.
  • Contact the police.  The police can be called to request that the behavior be stopped.  It may at times be necessary for the police to issue a warning to someone before repeated behavior can be considered disturbing the peace and result in formal charges for a crime.
  • Contact an attorney.  An attorney may be able to send a formal request that the action causing you harm be stopped or file a lawsuit against the person depending on the laws of the state where the action is occurring.

Punishment

Disturbing the peace is considered a misdemeanor.  Although the punishment for disturbing the peace varies from state to state, punishment can typically include jail time of up to three months, a fine that usually does not exceed $500, or both.

Legal Assistance

If you have been charged with disturbing the peace, you should obtain the help of a criminal defense attorney.  Although disturbing the peace is only a misdemeanor, it can result in jail time depending on whether it is your first criminal offense or you have an existing criminal record.  Therefore, you should speak with a criminal defense attorney who can evaluate your individual circumstances based on the laws of your state.

April 12, 2012

Alcohol Related Crimes, Part 4 – Minor in Possession

Filed under: Criminal Law — Tags: , , — markj @ 7:00 am

This blog is the fourth and final in a series on alcohol related crimes.  This blog is specifically on the topic of a minor in possession of alcohol or drugs.

Minor in Possession

Minor in possession laws are aimed at curbing the possession or use of drugs or alcohol by “minors.”  Although a minor is actually anyone under the age of 18, minor in possession laws are largely concerned with those under the age of 21 (or whatever the legal drinking age is where the person is located) who possesses alcohol, since 21 is the legal drinking age in most states.

Minor in possession laws have two primary goals:

  • Inform those under the age of 21 about the dangers of alcohol and drugs, especially when consuming alcohol and operating a motor vehicle
  • Provide help to those under the age of 21 who may have addiction or abuse problems related to alcohol and drugs

Criteria

For someone to be charged with minor in possession, the person must be younger than the legal drinking age for the jurisdiction where the charge is issued.  In addition, one or more of the following must be true of the person at the time they are charged:

  • The person has alcohol in their possession, even if the alcohol containers are unopened
  • The person is purchasing or attempting to purchase alcohol
  • The person is consuming alcohol

As you can read from the points above, in order to be charged with minor in possession, the person does not have to be consuming alcohol or be performing some action (such as operating a motor vehicle) that is deemed to be dangerous because of alcohol consumption.

Penalties

As every state has the power to establish minor in possession laws, the penalties for minor in possession vary from state to state.  Typically, the penalties for possessing, consuming, or purchasing alcohol under the legal drinking age include but may not be limited to the following:

  • Fines ranging from several hundred to several thousand dollars
  • Probation
  • Community service
  • Enrollment in alcohol abuse programs
  • Jail time of several months or possibly up to one year
  • Losing your driver’s licenses for up to one year, or if you do not have a driver’s license yet, having the time when you can obtain your driver’s license delayed by up to one year

The punishment for being charged with minor in possession will also generally increase with multiple occurrences.

In some situations, the minor may be able to meet certain contains in order to reduce their sentence, such as entering into a rehabilitation or alcohol education program, performing community service, and maintaining a clean record.  However, certain states have no leeway when it comes to minor in possession, as they deem this crime to have serious implications that must be addressed firmly.

Legal Assistance

If you have been charged with minor in possession related to alcohol or drugs and you are under the legal drinking age, you should seek the help of a criminal defense attorney.  A criminal defense attorney will be familiar with the minor in possession laws of your state, the typical punishments you may be subject to, and how to best defend your situation in a court of law.

April 9, 2012

Alcohol Related Crimes, Part 3 – Open Container Laws

Filed under: Criminal Law — Tags: , , , — markj @ 7:00 am

This write-up is the third in a series on alcohol related criminal offenses.  This write-up is about open container laws.

Open Container Laws: A Definition

Open container laws are about limiting public locations where someone can consume alcoholic beverages.  These laws typically apply regardless of the type of alcoholic beverages being consumed—whether beer, wine, or other liquors—or the type of container being used—whether a cup, bottle, or other container.

When people hear the term “open container laws,” they generally think of having alcoholic beverages in a motor vehicle.  But open container laws often apply to consuming alcoholic beverages in any public location.

العربية: مجموعة مشروبات كحولية. Català: Divers...

Open Container Law Application and Goals

In general, open container laws exist for the following situations:

  • Limiting drinking in public near certain businesses and in certain communities
  • Preventing the consumption of alcoholic beverages in a vehicle, whether by the driver or a passenger

The goal of laws related to an open container of alcohol is to limit the increased risk to public safety that the consumption of alcohol may induce in certain situations, such as public locations where there are large numbers of people or where there is the operation of motor vehicles.

In addition, in 1998 Congress passed the Transportation Equity Act of the 21st Century.  The goal of this law was to limit the possession of open containers in motor vehicles by giving states financial incentives to pass open container laws.  States that have chosen not to enact open container laws lose a portion of federal highway maintenance and construction funds they would have otherwise received.

Each state and municipality has the power to establish open container laws.  Therefore, while many locations have open container laws, certain locations—especially those where the tourist industry is in part tied to the consumption of alcohol, for example—may not have open container laws.

Even for locations that do not have laws related to an open container of alcohol, there are generally other laws in place to protect people in public places from inappropriate behavior that may increase with the consumption of alcohol, including prohibitions against but not limited to the following:

  • Loud or disorderly behavior
  • Destruction of property
  • Disobeying orders from a police officer
  • Driving under the influence of alcohol

Public Locations

What is considered a public location for open container laws will vary by location.  But it is not unusual for public locations to include one or more of the following:

  • Sidewalks, parking lots, and public streets
  • Neighborhoods and parks
  • Schools, churches, and playgrounds
  • Residential neighborhoods and apartment building common areas

Punishment

Laws against having an open container are misdemeanors.  The punishment for violating open container laws varies by jurisdiction.  However, the punishments typically include fines of several hundred dollars and jail time of possibly 30 to 90 days.  The punishment may be more severe if you have a prior criminal record or if other crimes were committed in relation to the open container law violation.

Legal Aid

The information above about open container laws is general in nature.  If you have been arrested for violating an open container law, you should seek the help of a criminal defense attorney and not rely on the information above as legal advice.  A criminal defense attorney can review the open container laws where you were arrested, evaluate how the law was applied to your actions, and take the appropriate steps to defend you from the criminal charges.

April 6, 2012

Alcohol Related Crimes, Part 2 – Public Intoxication

Filed under: Criminal Law — Tags: , , — markj @ 7:00 am

This article is the second in a series on alcohol related criminal offenses.  This article is about arrest for public intoxication.

Public Intoxication

Public intoxication is a crime related to being visibly under the influence of a controlled substance or alcohol in a public setting.  Public intoxication is often called “drunk and disorderly” because the commitment of the crime and arrest does not necessarily have to relate to alcohol, although the consumption of alcohol is the most common cause of public intoxication and arrest.

Tipsy? (#147/365)

Elements

The standard for public intoxication generally includes three elements that can have a broad standard of interpretation depending on the circumstances and the viewpoint of the officer observing the behavior.  These elements include:

  1. You are exhibiting behavior that appears to be a symptom of
  2. Being drunk or under the influence of other drugs while
  3. You are in a public place.

While actually being drunk or under the influence of a controlled substance may increase the likelihood that you act in a manner that could lead to a public intoxication charge, being drunk is not legally a requirements for a public intoxication arrest to occur.

Behavior that can indicate someone is under the influence of alcohol or drugs can include but may not be limited to the following:

  • Speaking in a loud manner when unnecessary
  • Using coarse or threatening language or an abundant amount of swear words
  • Having difficulty standing or walking

What constitutes a public setting does not necessarily have a clear-cut definition.  If you are in your home or apartment out of the view of others, this would obviously not be a public setting.  However, if you are in a place that is commonly frequented by other people—a restaurant, bar, shopping center or mall, or a sports stadium, for example—then it is very likely a public setting.

Punishment

Public intoxication is typically a misdemeanor, with the main goal of the charges to get the individual out of the public place where they are very likely disturbing others or could possibly be a danger to others.

While many locations have public intoxication laws, the exact wording of the law and typical punishment varies by state and by location within a given state.  Typically, if there are no additional circumstances or crimes at the time of the public intoxication arrest, an individual may be placed in jail or a holding facility where they must stay until they are deemed to no longer be intoxicated or under the influence of drugs.  However, the punishment may include a jail sentence of roughly 30 to 180 days and a fine of up to $1,000.

Legal Assistance

Remember the information above is general in nature and should not be considered legal advice, as the exact treatment of public intoxication varies by state and the individual circumstances.  If you have been arrested for public intoxication, you should seek the help of a criminal defense attorney.  A criminal defense attorney who is familiar with the laws related to drunk or disorderly conduct in public will be able to help explain to you the implications of the charges filed against you and what options you have in presenting a defense based on the circumstances.

April 3, 2012

Alcohol Related Crimes, Part 1 – DUI

Filed under: Criminal Law — Tags: , , — markj @ 7:00 am

Along with water, tea, and coffee, various forms of alcohol account for a significant portion of the liquids consumed in the United States.  But unlike those others drinks, alcohol can have a significant role in criminal offenses.  There are specific alcohol related crimes that the law recognizes.

This article is the first in a series on alcohol related crimes.  This article is on the topic of DUI.

DUI

DUI, or driving under the influence, is operating a motor vehicle while impaired.  While a DUI can be related to the consumption of any drug that impairs your ability to drive, DUI most commonly stems from consuming alcoholic beverages.

Also known as a DWI, or driving while intoxicated, the specific laws related to DUI vary from state to state.  But a DUI is illegal in all 50 states of the United States.

Field Sobriety Tests

Whether someone is impaired while driving is often based initially on observation by a police officer.  This observation can be of actual driving activities such as unusual weaving or an inability to maintain the vehicle in the lane, but it can also be actual behavior of the driver when they are stopped for another reason that might not be obviously related to DUI.

If a police officer believes someone may be impaired, the officer can administer a field sobriety test.  Field sobriety tests initially involve the driver performing various physical activities such as touching their nose with their finger, walking a straight line, and saying the alphabet backward.

The officer can also administer a chemical test as part of the field sobriety tests using a breathalyzer to measure the actual blood alcohol content (BAC) of the driver.  A BAC of .08 or hire is considered impaired in all 50 states.

Punishment

Although the punishment for DUI varies from state to state, punishments for the DUI itself can include but may not be limited to the following:

  • Drivers license suspension
  • Alcohol education and treatment
  • Motor vehicle confiscation
  • Installation of an ignition lock

The punishment in a given state usually escalates with each DUI offense and other factors can result in additional punishments, including fines, community service, and jail time.  Other factors that can affect the punishment given for a DUI offense include if you are operating a commercial vehicle, if there is an accident or property damage, or if other people were injured or killed.

In addition, every state has implied consent laws related to suspect DUI.  Implied consent laws mean that when you choose to drive a motor vehicle, a police officer can assume that you are willing to consent to field sobriety tests.  If you refuse to submit to field sobriety tests, you will likely lose your drivers license.

Legal Assistance

If you have been arrest for a DUI, you should speak with a criminal defense attorney.  A criminal defense attorney will be familiar with the laws in the jurisdiction where your arrest occurred and be able to advise you on how the law treats DUI in your jurisdiction, what you can expect next, and possible defenses you can use.

Police Arrest Gunmen After Shooting, Killing Seven

Filed under: Criminal News — Tags: , , — markj @ 6:43 am

One L. Goh, a 43-year-old former student at Oikos University in California, was arrested Monday at a local shopping mall about an hour after allegedly shooting and killing seven people and wounding a number of others.

Oakland, California Police patch. Made with Ph...

Police received the first 911 call shortly after 10:30 a.m. on Monday that a woman was injured at the small Christian university in Oakland.  When the first officer arrived on the scene, it became apparent the woman was suffering from a gunshot wound.

Police officers believed initially the suspect may have still been on the school campus, so as additional officers arrived on the scene, they formed a perimeter around the school.

Oakland Police Chief Howard Jordan addressed the media after the incident.  Jordan indicated that although police had not recovered the weapon used in the shooting initially, police did recover ballistics evidence showing that a handgun was used in the shooting.  Jordan also said that police do not have Goh’s motive for the shooting at this time.

Jordan said, “It’s going to take us a few days to put the pieces together,” Jordan said.  “This unprecedented tragedy was shocking and senseless.”

A female victim who was shot in the arm told authorities she saw the gunman shoot two of the victims, one in the chest and the other in the head.

Officials and students from Oikos Univeristy were able to identify Goh as the shooter, indicating he was a former nursing student at the school.  The school provides classes to a predominantly Korean student body on a variety of subjects.

Dawinder Kaur, who was being treated at Highland Hospital for a gunshot wound to her elbow, reported that Goh was a student in her nursing class but that he had been absent for a number of weeks before he arrived on campus on Monday.

Based on witness reports, when Goh entered the school, he initially shot a woman at the front desk.  Goh then proceeded to attempt to enter various class rooms, seemingly shooting people at random.  Goh entered one classroom where he ordered the students to line up against the wall, and when he pulled out a gun and began shooting, students ran.  At least one other classroom was able to lock the door, preventing Goh from entering.

About an hour after the shooting, a security guard at a supermarket a few miles from the school noticed a man acting unusual.  When the guard approached the man, he told the guard that he had just shot people and needed to speak to the police.  The security guard then called the authorities.

Goh had apparently also contacted his father shortly after the shooting, confessing to him what he had done.  Goh’s father also called authorities to report the incident.

A witness of the arrest of Goh at the supermarket said, “He didn’t look like he had a sign of relief on him.  He didn’t look like he had much of any emotion on his face.”

Sergeant Su Wan Ko, the brother of Goh, died in a car accident on March 8, 2011, while on active duty with the United States Army in Virginia.  Goh attended his brother’s funeral.

April 1, 2012

Traffic Violations and Points Systems

Filed under: Criminal Defense,Criminal Law — Tags: , , — markj @ 7:00 am

Traffic violations are the most commonly penalized crime in the United States.  And it likely comes as no surprise to hear that all traffic violations are not considered equal.  While certain traffic violations are relatively minor and therefore carry relatively small penalties, other traffic violations are much more serious and can carry relatively serious penalties.

While all states have systems in place to keep track of the types and severity of traffic violations, the most common method that is used by many of the states is a points system.

Example variable speed limit sign in the Unite...

A Definition

Points systems are exactly that: systems that assign points of varying amounts to a person’s driving record based on the specific traffic violations that person commits.  In general, less serious offenses are assigned lower point values—perhaps only one or two points—whereas more serious offenses are assigned higher point values—perhaps as many as five or six points.

As an individual commits traffic violations, points are attached to their driving record.  As time passes, points on the individual’s driving record age off.

States with points systems will have defined limits as to the number of points a person can receive during a set timeframe.  If the person accumulates enough points to reach the limit, their license may be suspended or revoked.

Examples

There are a wide variety of traffic violations for which you can receive a ticket and therefore have points attached to your driving record.  These traffic violations include but may not be limited to the following:

  • Driving no more than ten miles per hour above the speed limit
  • Refusing to allow a police officer to administer a breathalyzer or other test for blood alcohol when under 21 years of age
  • Running a red light or stop sign
  • Passing illegally
  • Driving between 10 and 15 miles per hour above the speed limit
  • Failing to stop for a school bus when it is dropping off or picking up children
  • Driving under the influence of controlled substances when under 21 years of age
  • Driving between 16 and 20 miles per hour above the speed limit
  • Failing to yield to an ambulance, fire truck, or other emergency vehicle
  • Committing a felony while driving
  • Driving under the influence of controlled substances when over 21 years of age
  • Leaving the scene of an accident
  • Reckless driving
  • Refusing to allow a police officer to administer a breathalyzer or other test for blood alcohol when over 21 years of age
  • Fleeing from a police officer

In general the points noted above are listed for least severe to most severe, but the exact point values assigned to a given traffic violation will vary from state to state.

Insurance

Insurance companies generally have information to points systems.  Based on the points a person has accumulated, an automobile insurance company may raise the insurance rates of that person, as points may be considered an indication of someone who is driving in an unsafe manner and there the insurance company must charge a higher rate to address the increased risk.

Legal Aid

Remember the information above is general in nature and should not be considered legal advice.  If you have received a ticket for one or more traffic violations and you want to understand your options outside of just paying the fine or how they will affect your driving record, you can speak with a criminal defense attorney who specializes in traffic violations.  A criminal defense attorney who specializes in traffic violations will understand the traffic laws in your state and can advise you as to your options based on those laws and the tickets you have received.

 

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