Tighe Law

Saturday, May 2, 2015

Nebraska Penalties for Felony Driving During Revocation (Operating Motor Vehicle During Revocation Period) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills County, Monona County, Woodbury County, Harrison County and surrounding areas).

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation. Wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.

CONTENTS OF TODAY’S BLOG

Today’s topic will be Penalties for Felony Driving During Revocation in Nebraska

http://nebraskalegislature.gov/index.php

Neb.Rev.Stat. § 60-6,197.06. Operating motor vehicle during revocation period; penalties.

(1) Unless otherwise provided by law pursuant to an ignition interlock permit, any person operating a motor vehicle on the highways or streets of this state while his or her operator's license has been revoked pursuant to section 28-306, section 60-698, subdivision (4), (5), (6), (7), (8), (9), or (10) of section 60-6,197.03, or section 60-6,198, or pursuant to subdivision (2)(c) or (2)(d) of section 60-6,196 or subdivision (4)(c) or (4)(d) of section 60-6,197 as such subdivisions existed prior to July 16, 2004, shall be guilty of a Class IV felony, and the court shall, as part of the judgment of conviction, revoke the operator's license of such person for a period of fifteen years from the date ordered by the court and shall issue an order pursuant to section 60-6,197.01. Such revocation and order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

(2) If such person has had a conviction under this section or under subsection (6) of section 60-6,196 or subsection (7) of section 60-6,197, as such subsections existed prior to July 16, 2004, prior to the date of the current conviction under this section, such person shall be guilty of a Class III felony, and the court shall, as part of the judgment of conviction, revoke the operator's license of such person for a period of fifteen years from the date ordered by the court and shall issue an order pursuant to section 60-6,197.01. Such revocation and order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

How much time in Jail can I receive for being convicted of a Felony in the State of Nebraska?

Class IV Felony

If Convicted of a Class IV Felony you face:

Maximum of up to five (5) years imprisonment and/or up to a $10,000.00 fine or both.

Class III Felony

If Convicted of a Class III Felony you face:

Maximum of up to Twenty (20) years imprisonment or up to a $25,000.00 fine or both.

Minimum imprisonment of one (1) year.

(Again, every case is different due to facts and circumstances. Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.

Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, Like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.

The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rights. David Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Wednesday, March 11, 2015

Nebraska Penalties for Leaving the Scene of a Personal Injury Accident (Hit and Run) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

CONTENTS OF TODAY’S BLOG

Today's topic will be leaving the scene of a personal injury accident also commonly known as hit and run.

There are two forms of hit and run in the State of Nebraska:

Leaving the Scene of a Property Damage Accident (Which was discussed in a previous Blog); and
Leaving the Scene of a Personal Injury Accident (Which is the subject of today's Blog).

http://nebraskalegislature.gov/index.php

Neb.Rev.Stat. § 60-697. Accident; driver's duty; penalty.

(1) The driver of any vehicle involved in an accident upon either a public highway, private road, or private drive, resulting in injury or death to any person, shall (a) immediately stop such vehicle at the scene of such accident and ascertain the identity of all persons involved, (b) give his or her name and address and the license number of the vehicle and exhibit his or her operator's license to the person struck or the occupants of any vehicle collided with, and (c) render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.

(2) Any person violating any of the provisions of this section shall upon conviction thereof be punished as provided in section 60-698.

Neb.Rev.Stat. § 60-698. Accident; failure to stop; penalty.

(1) Any person convicted of violating section 60-697 relative to the duty to stop in the event of certain accidents shall be guilty of (a) a Class IIIA felony if the accident resulted in an injury to any person other than a serious bodily injury as defined in section 60-6,198 or death or (b) a Class III felony if the accident resulted in the death of any person or serious bodily injury as defined in section 60-6,198.

(2) The court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of not less than one year nor more than fifteen years from the date ordered by the court and shall order that the operator's license of such person be revoked for a like period. The order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later.

*Operating a Motor Vehicle During Periods of Revocation is a Crime

How much time in Jail can I receive for being convicted of a Felony in the State of Nebraska?

Class IIIA Felony

If Convicted of a Class IIIA Felony you face:

Maximum of up to five (5) years imprisonment and/or up to a $10,000.00 fine or both.

Class III Felony

If Convicted of a Class III Felony you face:

Maximum of up to Twenty (20) years imprisonment or up to a $25,000.00 fine or both.

Minimum imprisonment of one (1) year.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Nebraska Penalties for Leaving the Scene of an Accident (Hit and Run) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

CONTENTS OF TODAY’S BLOG

Today's topic will be leaving the scene of a property damage accident also commonly known as hit and run.

There are two forms of hit and run in the State of Nebraska:

Leaving the Scene of a Property Damage Accident (Which is discussed below); and
Leaving the Scene of a Personal Injury Accident (Which will be the subject of a future Blog).

http://nebraskalegislature.gov/index.php

Neb.Rev.Stat. § 60-696. Motor vehicle; accident; duty to stop; information to furnish; report; powers of peace officer; violation; penalty.

(1) Except as provided in subsection (2) of this section, the driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to property, shall (a) immediately stop such vehicle at the scene of such accident and (b) give his or her name, address, telephone number, and operator's license number to the owner of the property struck or the driver or occupants of any other vehicle involved in the collision.

(2) The driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to an unattended vehicle or property, shall immediately stop such vehicle and leave in a conspicuous place in or on the unattended vehicle or property a written notice containing the information required by subsection (1) of this section. In addition, such driver shall, without unnecessary delay, report the collision, by telephone or otherwise, to an appropriate peace officer.

(3)(a) A peace officer may remove or cause to be removed from a roadway, without the consent of the driver or owner, any vehicle, cargo, or other property which is obstructing the roadway creating or aggravating an emergency situation or otherwise endangering the public safety. Any vehicle, cargo, or other property obstructing a roadway shall be removed by the most expeditious means available to clear the obstruction, giving due regard to the protection of the property removed.

(b) This subsection does not apply if an accident results in or is believed to involve the release of hazardous materials, hazardous substances, or hazardous wastes, as those terms are defined in section 75-362.

(4) Any person violating subsection (1) or (2) of this section is guilty of a Class II misdemeanor. If such person has had one or more convictions under this section in the twelve years prior to the date of the current conviction under this section, such person is guilty of a Class I misdemeanor.

As part of any sentence, suspended sentence, or judgment of conviction under this section, the court may order the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court. If the court orders the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court, the court shall also order that the operator's license of such person be *revoked for a like period.

*Operating a Motor Vehicle During Periods of Revocation is a Crime

How much time in Jail can I receive for being convicted of a Misdemeanor in the State of Nebraska?

Class I Misdemeanor

If Convicted of a Class I Misdemeanor you face:

Maximum of up to one (1) year imprisonment (jail) or up to a $1000.00 fine or both.

Class II Misdemeanor

If Convicted of a Class II Misdemeanor you face:

Maximum of up to six (6) months imprisonment (jail) or up to a $1000.00 fine or both.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Saturday, February 21, 2015

Tighe Law: Nebraska Penalties for DUI (Drunk Driving) Nebrask...

Tighe Law: Nebraska Penalties for DUI (Drunk Driving) Nebrask...: TIGHE LAW WEBSITE http://www.davidtighecriminaldefense.com/ I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice ...

Nebraska Penalties for DUI (Drunk Driving) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

Today’s blog is part I of a multi-part series regarding Dui (Driving under the influence) and the consequences thereof.

CONTENTS OF TODAY'S BLOG

I. Night Out;
II. How Many Drinks Before I am above >.08;
III. Didn't See Cop Car or Cop Car was Hidden (I wasn't swerving);
IV. Field Sobriety Tests (FST's);
V. Preliminary Breath Test (PBT's);
VI. Breathalyzer at Police Station;
VII. Nebraska Misdemeanor Dui Penalties:

So let us start from the beginning:

"Last night a few friends called and..."

Most people who are accused of Dui (Driving Under the Influence) begin their conversation with me using those words or "I was out last night with a few friends..." We are social beings and very little makes us happier than being invited out and spending time with friends or loved ones.

Here is where the story starts going bad:

"We were having some drinks....and then I left"

How many drinks before I am over the limit

Many of us are unaware of how many (or how few) drinks it takes to "put us over the limit" when it comes to DUI, therefore I had attached two (2) interactive Bac calculators (Blood Alcohol Concentration or Content).

http://oade.nd.edu/educate-yourself-alcohol/blood-alcohol-concentration/bac-calculator/

http://www.intox.com/drinkwheel.aspx

*These calculators are ESTIMATES only and should NOT be used to decide whether to drive or not- If you have drank alcohol and don't want a DUI the only solution is to not drive*

"I only had a few drinks..."

utilizing the above calculators, we see that it doesn't take many drinks for someone to get to the .08 threshold.

"The cop car was hidden" or "I wasn't Swerving"

This is a tactic that officers have utilized for generations. Frequently, officers will be running radar for speeders and will use the use the speeding violation as the probable cause to pull the vehicle over. Then when you unroll the window to hand over your license, registration, proof of insurance, etc., the officer will then (written in their police report) detect the odor of alcohol emanating from the driver to establish probable cause to take the traffic stop to the next level.

Field Sobriety Tests (FST's)

Now, let us assume that the officer(s) claims that they can detect the aroma/odor of alcohol emanating from your body (they usually include watery blood shot eyes and other "signs of intoxication" in their official police reports) the officer(s) will usually ask for you to step out of the vehicle and then begin administering the FST's (Field Sobriety Tests).

Here is where the tests we have all seen (or joked about) come into play. The touch your nose test, the heel to toe walking test, the horizontal gaze and nystagmus test, the balance on one foot test, etc., etc.

Preliminary Breath Test (PBT's)

The preliminary breath test is the breathalyzer test the officer gives the suspected Dui defendant on the side of the road. This Preliminary Breath Test (PBT's) is a handheld portable version of a breathalyzer that officers carry with them to help establish additional probable cause to elevate the traffic stop. If the Preliminary Breath Test (PBT's) result is above .08 the officer will then transport the Defendant to the police station where the suspect will be subjected to the actual **breathalyzer.

(**The breathalyzer results at the police station carry legal significance)

Breathalyzer at Police Station:

Nebraska Revised Statute §60-6,197. Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; when test administered; refusal; advisement; effect; violation; penalty.

(1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.

(5) Any person who is required to submit to a chemical blood, breath, or urine test or tests pursuant to this section shall be advised that refusal to submit to such test or tests is a separate crime for which the person may be charged. Failure to provide such advisement shall not affect the admissibility of the chemical test result in any legal proceedings. However, failure to provide such advisement shall negate the state's ability to bring any criminal charges against a refusing party pursuant to this section.

http://nebraskalegislature.gov/laws/statutes.php?statute=60-6,197

^To fully discuss your Dui situation, Feel Free to contact David Tighe at 402-981-6327^

Typical Nebraska Dui – Potential Penalties for:

1. First Offense Dui – Non- Aggravated Dui; and
2. Second Offense Dui – Non- Aggravated Dui;

What are the Penalties for Dui in the State of Nebraska?

What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?

First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.

Maximum Penalty: 60 days in jail. The Court will order that your drivers license is revoked for 6 months license (The DMV will revoke your license also, however I will address the DMV portion of a typical DUI in a future blog). The Court will order a $500 fine (not including additional court costs and fees)

Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine

The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.

If The Court Grants Probation: There will be no “up-front” Jail sentence, however you will be ordered to a term of probation and the Court will revoke your driver’s license for 60 days and order a $500 fine (not including court costs and fees and probation fees).

The court requires the person to apply for an ignition interlock.

What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?

Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor

Maximum: 90 days in jail

1 year license revocation

$500 fine (Not including Court Costs, fees etc, etc).

Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Monday, February 16, 2015

Tighe Law: Nebraska Penalties for DUI (Drunk Driving- Ignitio...

Tighe Law: Nebraska Penalties for DUI (Drunk Driving- Ignitio...: TIGHE LAW WEBSITE http://www.davidtighecriminaldefense.com/ I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice ...

Nebraska Penalties for DUI (Drunk Driving- Ignition Interlock AKA Breathalizer) Nebraska #CriminalDefenseAttorney

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation, wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.

Today’s blog will briefly discuss Administrative License Revocation Periods AKA ALR Revocation Periods through the DMV - i.e. How long you must have the Ignition Interlock Device or Breathalyzer and a brief recap of some of the typical penalties for misdemeanor Dui in Nebraska.

“As of January 1, 2012, Nebraska has new DUI laws that allows offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit (IIP) instead.” http://www.dmv.nebraska.gov/

^To fully discuss your ALR situation, Feel Free to contact David Tighe at 402-981-6327^

IN Nebraska, ALR Revocation Periods through the DMV are as follows:

ALR - First - with no prior ALR hearings:

Your License will be revoked, by the DMV, for a period of time of 180 days

ALR - First with prior ALR hearings:

Your License will be revoked, by the DMV, for a period of time of One Year

ALR - Second and subsequent ALR hearings

Your License will be revoked, by the DMV, for a period of time of One year

IN Nebraska, ALR Revocation Periods - through the DMV - IF You Refuse to submit to the Breathalyzer are as follows:

How long will the DMV take my driver's license If I refuse the Breathalyzer?

If You refuse the Breathalyzer in Nebraska the DMV, Through the ALR Hearing will revoke your License for One Year. This one year revocation applies to defendant's you refuse to submit to the Breathalyzer EVEN on their first offense DUI.

*These Revocation Periods are For DMV ALR only (The Court Can Revoke Your License ALSO)

*The above listed information was taken directly from the Nebraska DMV website. ***Some of this above listed information MIGHT be able to be found at http://www.dmv.nebraska.gov/

Typical Nebraska Dui – Potential Penalties for:

1. First Offense Dui – Non- Aggravated Dui; and
2. Second Offense Dui – Non- Aggravated Dui;

What are the Penalties for Dui in the State of Nebraska?

What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?

First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.

Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine

The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.

The court requires the person to apply for an ignition interlock.

What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?

Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor

Maximum: 90 days in jail

1 year license revocation

$500 fine (Not including Court Costs, fees etc, etc).

Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights