Wednesday, February 27, 2008

Why do some people go to jail when they get their first DUI and some people don’t?

This depends on a number of factors. Technically the charge carries a max of 12 months in jail. Which means it is up to the jurisdiction and judge. Each jurisdiction has it’s own policies. For example; a DUI first offense in Chesterfield County, would normally not require any active jail time, however a DUI in Richmond will typically land you in jail for one day. There are also mandatory minimums for blood alcohol levels that are over a certain point. Anything over .15 will get you a mandatory 5 days in jail. Also, there are increased penalties for other instances like, having children in the car at the time. Just because your friend or someone you heard of didn’t go to jail for a first offense DUI, doesn’t mean you won’t. Hire an attorney!

Roger Clemens denial of steroid use warrants further investigation

Roger Clemens denial of steroid use warrants further investigation, Congress said Wednesday in asking the Justice Department to determine whether the star pitcher lied under oath in testimony to a House committee. House Oversight and Government Reform Committee chairman Henry Waxman and ranking Republican Tom Davis sent a letter to Attorney General Michael Mukasey, urging more scrutiny of Clemens' statements in a Feb. 5 sworn deposition and at a Feb. 13 public hearing where he said he "never used anabolic steroids or human growth hormone."


What is perjury?

Perjury is lying while under oath from a qualified official.


How do they prove perjury?

One must be found beyond a reasonable doubt that they lied. This can be proven by a conglomeration of contradictory statements, other testimony, physical and circumstantial evidence.


Is lying to the police Perjury?

No, however it may be obstruction of justice or making a false report.


Is lying to a magistrate Perjury?

Only if you were under oath at the time.

Thursday, February 14, 2008

Traffic Fees, for DUI, Reckless, Driving on Suspended Licences

Finally the legislature has decided on the exuberant traffic fees, for dui, reckless, driving on suspended, etc. They decided to repeal them as soon as possible and make refunds to those who have paid them already.

The original law, which went into effect on July 1, 2007, imposes fees of between $750 and $3,000 for serious traffic offenses. It was enacted to help finance a transportation bill approved by the General Assembly as an alternative to raising taxes.

If the bill repealing the civil remedial fines is successful, the state comptroller will have to issue refunds to drivers who have been previously assessed fines. Individuals would have to return to the court where they were convicted and simply fill out a form requesting the judge to clear their name.

The civil remedial fines have been criticized as “unconstitutional" by an Arlington County District Court Judge. Judge Dorothy Clarke ruled in July of 2007 that the fees violated guarantees of equal protection because they only apply to state residents.

Check back for udates on how to receive your refund.