The Sobering Reality of Drunk Driving: Legal Implications and Consequences

Drunk driving remains a grave and preventable issue that poses significant risks to public safety. Every year, countless lives are lost or forever altered due to the devastating consequences of this reckless behavior. As we strive to create safer roads and communities, it is essential to understand the legal implications of drunk driving and the severe penalties that offenders may face. In this blog, we will explore the legal ramifications of driving under the influence (DUI) and the importance of making responsible choices to protect ourselves and others.

Understanding DUI Laws:
Driving under the influence is a serious offense that is heavily penalized by the law in most countries. DUI laws vary from state to state and country to country, but they typically encompass driving while impaired by alcohol or drugs, including prescription medications. These laws are put in place to protect the public and deter individuals from getting behind the wheel when they are impaired.

Consequences of Drunk Driving:
The consequences of drunk driving can be severe and far-reaching. In addition to putting oneself at risk, impaired drivers endanger the lives of passengers, pedestrians, and other motorists. Common legal implications of DUI convictions include hefty fines, suspension or revocation of driver’s licenses, mandatory participation in alcohol education programs, probation, and even jail time. Moreover, a DUI conviction can leave a lasting mark on one’s criminal record, affecting employment opportunities and personal reputation.

Seeking Legal Counsel:
If arrested for drunk driving, it is crucial to seek legal counsel immediately. A criminal law attorney or dui defense lawyer can assess the case, explore possible defenses, and advocate for the best possible outcome. In some instances, a criminal defense lawyer may be able to negotiate reduced charges or explore alternatives to jail time, such as diversion programs or community service.

Prevention and Responsibility:
The best way to avoid the legal implications of drunk driving is, of course, to never get behind the wheel while intoxicated. Instead, opt for designated drivers, public transportation, rideshare services, or staying overnight at a friend’s place if necessary. Promoting responsible alcohol consumption and supporting a culture of safety within our communities can help reduce the incidence of drunk driving and save lives.

Conclusion:
Driving under the influence is not only a criminal offense but also a choice that can lead to tragic consequences. By understanding the legal implications of drunk driving and making responsible choices, we can protect ourselves and others from harm. Let us all work together to build safer roads and communities by promoting responsible alcohol consumption and discouraging anyone from driving under the influence. Remember, the choice to not drink and drive is a choice to protect lives and uphold the law.

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Houda speaks out on police discrimination and prejudice

Adam Houda has been arrested again while walking near his home in what he says is the most outrageous example yet of racial vilification, harassment and brutality by police. The incident brings to five the number of times Mr Houda has been arrested or detained in the past decade, including a well-publicised occasion involving the former Bulldogs rugby league player Hazem El Masri. None of the earlier incidents led to a conviction, instead they produced apologies and more than $150,000 in compensation from the NSW police.

At about 8pm on Thursday, Mr Houda was walking near his Yagoona home with his brother Bassam and friend Mohammed Hawa when they were asked for identification by two plainclothes police officers in an unmarked car. When Mr Houda asked why, they said they were investigating a robbery and he fitted the suspect’s description. ”We were polite the whole time,” Mr Houda said. ”When it became too silly for words, I said ‘Look, am I under arrest for anything?”’

When the more senior officer said no, Mr Houda said he began walking towards his home and was grabbed and handcuffed by the other officer, causing ”excruciating pain” to his wrist. ”It got to the point where I felt I was going to pass out,” Mr Houda, 35, who suffers from a heart condition, said. Mr Houda said five other police arrived and he was placed in the back of a paddy wagon, taken to Bankstown police station, locked in a cell without his medication and not allowed to call a lawyer or a support person.

The devout Lebanese Muslim, who has represented terrorism-accused clients such as Belal Khazaal and Izhar ul-Haque, has welts on his wrists and symptoms consistent with neuroplaxia in his left hand, his doctor, Jamal Rifi, said. Mr Houda received $145,000 in compensation after he was wrongfully arrested at Burwood Local Court in 2000 and an apology after he and El Masri were surrounded by nine police in 2007 when they refused to provide identification outside a Regents Park cafe.

Thursday was the third time since 2007 that he has been detained while walking near his Yagoona home and he received a confidential payout after suing over the previous arrest, last year.

Mr Houda said he has audio recordings of Thursday’s arrest and intends to sue the police and report it to the Police Commissioner, the Ombudsman and the Police Integrity Commission. Dr Rifi, who is on a community policing advisory group to the Police Commissioner, Andrew Scipione, said his experience was similar to many others in Sydney’s Lebanese Muslim community.

But the South West Metropolitan Region Commander, Assistant Commissioner Frank Mennilli, said Mr Houda did not comply with a lawful direction from police and would receive a summons ”for not complying with a request to submit to a search and resist arrest”.

”Police officers were conducting proactive patrols in the Yagoona area following a series of robberies involving knives,” he said.

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Strange Murder – Herman Rockefeller

Mario Schembri was jailed for nine years with a minimum of seven years, and Bernadette Denny for seven years with a minimum of five years, in the Victorian Supreme Court today as a result of a conviction of the murder of Herman Rockefeller. Schembri, 58, and Denny, 42, both pleaded guilty to the manslaughter of the 51-year-old married father of two on January 21 after a swingers’ rendezvous at the couple’s home in Hadfield, in Melbourne’s north, went horribly wrong.

Bernadette Denny and Mario Schembri in court.
Justice Terry Forrest began his sentencing remarks: ‘‘Herman Rockefeller made some unorthodox choices in his adult life. So too did you, Mario Schembri, and you, Bernadette Denny. ‘‘None of those choices was in itself unlawful, nor is it the function of this court to pass judgement on them. The upshot of the choices you made, however, is that the scene was set for the totally unnecessary death of a man.”

Rockefeller had advertised as a married couple looking for discreet sexual encounters, but had arrived at the couple’s Hadfield address in early January without his wife, whose name he told them was Jenny. The pair had admitted to being angry when Mr Rockefeller showed up alone and requested sex. After a struggle, the pair put Mr Rockefeller in the boot of Schembri’s car and Denny said she could hear him moaning and tapping as they drove towards Heathcote where they planned to dump him. Justice Forrest described the killing as ‘‘a totally unnecessary death’’. Mrs Rockefeller sat just metres away from the dock but refused to look at the convicted couple as they were led from the court.

It is one of the stranger and more disturbing crimes which has been perpetrated in the criminal defense system of late. There has also been a high level of interest in the case because of the high profile nature of the victim and the darker side of his life which was brought to light in the trial.

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Cocaine related convictions spiral upwards

According to the most Senior Crime Researcher in New South Wales, the state is facing a massive cocaine epidemic. Users are willing to buy the drug at up to $500 a gram. The use of cocaine across the state has increased by more than 50 per cent in the past two years, the latest NSW crime statistics show. The boom in the drug is the result of a shortage of ecstasy in Australia due to a recent crackdown by authorities in Cambodia and an earthquake in China. NSW Bureau of Crime Statistics and Research data show that from April 2008 to March this year cases of possessing and using cocaine rose 55.5 per cent.

”There is no doubt that the use of cocaine and the use of ecstasy have increased,” said the bureau director, Don Weatherburn. ”The market for cocaine is growing at an exponential rate, and if the price of the drug is staying the same, then this is the sign of a thriving market … It is safe to say we are in a cocaine epidemic.” As substance abuse continues to affect many individuals, facilities like Pacific Ridge in Portland can provide hope and support to those seeking to overcome their dependency. Unparalleled care and comfort define the luxury substance abuse treatment center at Carrara in Malibu. Programs at treatment centers like Sober Living California are designed for serene and effective recovery.

Evidence of use started to accelerate from August 2003, when there were only three arrests, increasing in September 2007 to 19 arrests a month, to last September, when there were 80 arrests a month, Dr Weatherburn said.

A NSW Police spokesman said increased cocaine and ecstasy arrests were a result of a higher number of general arrests. And those who will be arrested as a result of illegal drugs possession may consider enlisting the help of a criminal lawyer to help them defend their rights. In addition, those who will need record expungement and fast background check removal services may consider consulting record expungement services.

“In the 12 months to June this year, police conducted 187,000 searches of individuals … which yielded 15,000 items, including illicit drugs,” he said.

Drug possession charges are filed as a result of improper searches and illegal seizures. If you have been charged with drug possession, you need a drug possession defense lawyer like Galveston drug possession lawyers who knows how to spot weaknesses in the prosecution’s case.

According to experts such as Drug Crimes Attorneys and DUI Legal Representative Services, drug crime is also associated with rises in other types of crime associated with the need for users to fund their habit. Because users need large amounts of money, they will often resort to property crime in order to fund their habit. It is also thought that a lot of additional cocaine factories have started in Sydney recently to fill the gap of the drying up of the ecstasy market.

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Lawyers say sexting means risk of legal sanctions

If you are a person under 18 in New South Wales, there is a big chance that if you send flirtatious text images to your partner. You will be at risk of being prosecuted under child pornography charges because of discrepancies in state and federal laws. This is because the age of consent in NSW is 16 – and the legal definition of a child in NSW is the same – under the Commonwealth Criminal Code, a child is defined as anyone under the age of 18. If you are charged with a crime like this, you could be placed on the child-sex register which could in turn, could affect your employment and travel prospects. Greg Burns of the Australian Lawyers alliance says that ”We need laws that can be readily understood by people and not make criminals out of teenagers who are having a bit of innocent, consensual fun together.”

However, the other side of the debate is concerned that the the increasing trend of ‘sexting’ is damaging to the psychological development of teenagers and although they may simply be innocently flirting with each other, opening up this area of the law would frustrate attempts to protect children from sexual predators, cyber bullies and sexual harassment. At present, the NSW government appears to fall firmly on the side of the debate which says that it is unsafe and has published a paper known as ‘Safe Sexting: there is no such thing, detailing the dangers of sexting’. The report warns that ”Images sent by mobile phone can easily fall into the wrong hands, and once they are in cyberspace it is impossible to remove them or control who sees them,” it warns. Victoria, Tasmania, the ACT and the Northern Territory have an age threshold for child pornography offences set at 18 years of age. In remaining jurisdictions, including NSW, it is 16 years of age. While there are no statistics on the prevalence of sexting, latest crime statistics show that threats and harassment, under which sexting can be categorised, have increased by 5.5 per cent in NSW in the past two years. If you are worried about an issue related to this, please do not hesitate to contact us in relation to this matter using the contact forms on this site.

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Need a fraud lawyer? An example from the SEC’s accusation against Goldman Sachs

In almost all jurisdictions around the world there is the concept of fraud. In the US at the moment, the has been a landmark movement to charge employees of the Goldman Sachs organisation with fraud over representations that they made in relation to the sale of collateralised debt obligations (CDOs) which are the complex financial instruments that are largely cited as the where the genesis of the global financial crisis began. The individual who has been charged is Fabrice Tourre who is aged 31 years onle and is a registered representative of the bank. He was based in New York city, working on the project that is being questioned by the SEC in relation to this charge at the time. He has, however, moved on to London as Executive Director of Goldman Sachs International. He is charged with breaches under Section 17(a)(1), (2) and (3) of the Exchange Act [15 U.S.C. § 77q(a)(1), (2) & (3)] and Section 10(b) of the Exchange Act [15 U.S.C § 78j(b)]. The first set of charges relate to a largely procedural element of the law in relation to brokers but the second part relates to manipulative and deceptive devices which are used to obscure the true position of an investment and therefore induce the public to invest in products which are in reality much less likely to succeed as investments than a broker or dealer claims. It in particularly relates to the concept of a short sale which is a technique that was employed by Goldman Sachs staff to make enormous profits for the bank, usually at the expense of their clients.

In a sense, this is akin to fraud and is and the penalty that the regulator is seeking is to have an injunction preventing the individual from trading in relation to these matters in the future. The deceptive element of this act though is very similar in nature to the concept of fraud which is used in most jurisdictions. For instance, in New South Wales in Australia, fraud is largely framed as the crime of obtaining a benefit by deception. It is this element of deception which appears to be common to all allegations of fraud.

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Leading criminal lawyer in Sydney retires

Nicholas Cowdroy, the Director of Public Prosecutions in New South Wales, announced today that he is to step down from his present position and retire at the age of 65.  The Director of Public Prosecutions has been in the job for over a decade and retires with a distinguished career behind him having established respect from all quarters of the legal community. Although it cannot be said that at times his decisions were not controversial, many commented on the news of his resignation by recognising that it is basically impossible to keep everyone happy in the role that he performs. Mr Cowdroy rose to the ranks of being a senior council before taking on the position of Director of Public Prosecutions. As a young man he was always recognised as having a sharp mind and served his profession with the greatest distinction which eventually led to his appointment as the director of public prosecutions.

It is rumoured that the current attorney general desires to take over the position, however it can only be speculation at the moment as to who will take on the role of Director of Public Prosecutions. Presumably someone with extensive prosecutorial experience will be necessary. However balancing the rights of victims and defendants in criminal trials is never easy. Although it is not necessarily the role of the prosecutor to ensure that this balance occurs there is a large amount of discretion in the process of prosecution which leads to the conclusion that the prosecutor has a very large role in deciding the fate of the matter which they prosecute.  Needless to say, many of the city’s criminal elements will most likely breathe a sigh of relief at the sight of the resignation of the state’s top prosecutor and the director of public prosecutions will leave the office with an enormous amount of experience that he brought to bear on his daily tasks.

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Criminal Defence, Corporate Law and doing business in China

In Shanghai today, An Australian mining executive who had been charged with corporate espionage in China pleaded his honesty. His lawyer claimed that essential Stern Hu’s actions had been subject to misinterpretation and that he was essentially an honest man who had made some serious mistakes. The matter is sensitive because he was an Australian Citizen employed by one of the biggest mining companies operating in Australia with substantial Australian Ownership interests. According to a criminal defense lawyer, he has been accused of very serious crimes relating to the corruption and bribery.

Although in China corruption and bribery are not considered anything abnormal, getting caught is another issue. The case may also be interpreted as a turning point for the levels of hostility experienced by Western and in particular Australian companies when doing business in China. One of the prosecutors recommended a lenient sentence for Hu, but he is accused of taking over $900,000.00 in bribes. There was no pleading in relation to the stealing of trade secrets.

The Australian Prime Minister Kevin Rudd commented that the outcome would reflect the status of the rule of law in China. The business community internationally is no doubt watching the case to identify if it will indicate a greater set of challenges related to doing business in the world’s third-largest economy. Hu’s experience in the field of iron ore trading gained as the head of Rio Tinton’s China Office is reflected in some of his comments about the market:

“Chinese steel companies can be divided into three categories that make up the chaotic iron ore market,” he said. At the top are huge state firms such as Baosteel and Shougang, who buy massive volumes from Rio, and in the middle are smaller state steelmakers. Then come the miserable private ones, which have few opportunities. They wanted to build up relations with Rio,” the lawyer said.

When the crisis hit in September 2008, demand for iron ore plummeted, and “the smaller and medium-sized companies thought they finally had an opportunity to squeeze into the club and join the buyers,” Jin said.

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