Saturday, January 31, 2015

Omaha, Douglas County, Nebraska Dui Penalties (and Surrounding Nebraska Counties)

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.

To schedule your consultation or discuss the facts and law of your case, feel free to contact me (cell) 402-981-6327 or via email at Tighe law Email

Earlier today I read an article regarding multiple Dui offenders. The link to the article can be found on my Twitter @DavidTigheLaw or you can access it via

http://www.thedenverchannel.com/news/local-news/driver-with-12-dui-arrests-not-a-record-colorado-prosecutors-push-for-tougher-laws01292015

This article indicates that local governments (Colorado, in this situation) have been strengthening laws in an effort to curtail driving while intoxicated (Dui) offenses.

Nebraska, has strengthened it's Dui laws as recently as January 2012 (Date law became effective).

One significant change in Nebraska's Dui law is referred to as the "look back period." This look back period for many is irrelevant and insignificant, while for others it is paramount and can change a "misdemeanor Dui" to a "felony Dui" or significantly alter the amount of jail time, for Dui, the Defendant is facing.

The look back period, for enhancement purposes, in Nebraska is now fifteen (15) years, as opposed to 12 years (law prior to January of 2012).

This means someone who is convicted of a DUI in the state of Nebraska in 2015, that conviction will stay on their record for a period of 15 years for enhancement purposes. So if this person is convicted in 2015 and in 2028 is pulled over for Dui, in the state of Nebraska, this person can now be charged with a "second offense dui."

This also means that someone who was pulled over for Dui in 2002 and convicted of Dui in 2002 (or later) and is pulled over, in Nebraska, for Dui in 2015 - This person is now facing a charge of "second offense Dui".

Now Compare the Potential Penalties and how the "Look Back Period" can affect Your Freedom-

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

Will I go to jail for a first offense Dui in the State of Nebraska?

The Short answer is it depends on your situation and the Facts of your case. Going to Jail for a DUI in Omaha, Douglas County or Sarpy County or Washington County Nebraska or any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer, like David Tighe.

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.

(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

Omaha, Douglas County Nebraska Dui Penalties (and Surrounding Nebraska Counties)

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

David Tighe is 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, like David Tighe, to fight for your freedom, help protect your rights and assist in navigating the criminal justice system.

To schedule your consultaion or disucss the facts and law of your case, feel free to contact me (cell) at 402-981-6327 or via email at Tighe Law - Email

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 and strategy for your case.

-TIME IS OF THE ESSENCE-

Now On To Nebraska DUI Laws and Penalties.

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

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

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

Maximum: 1 year in jail

15 years license revocation

$1,000 fine

Mandatory Minimum: 90 days in jail (Or More-up to the maximum allowed by Law)

15 years license revocation

$1,000 fine

If the Court Grants Probation: 30 days in jail (Or More-up to the maximum allowed by Law).

2 – 15 years license revocation

$1,000 fine

The court may order the person to apply for an ignition interlock after 45 days.

What is the Penalty for Third Offense Aggravated Dui in the State of Nebraska?

Third Offense Dui – Aggravated Dui (Defendant’s Bac was above 0.15) – § 28-105 & 60-6,197 (6)

Third Offense Aggravated Dui in Nebraska is a Class IIIA Felony

Maximum: 5 years in jail

15 years license revocation

$10,000 fine

Mandatory Minimum: 180 days in jail (Or More-up to the maximum allowed by Law).

15 years license revocation

If The Court Grants Probation: 60 days in jail (Or More-up to the maximum allowed by Law).

5 – 15 years license revocation

$1,000 fine

The court may order the person to apply for an ignition interlock after

45 days.

Be Aware:

The Court does not have to offer any Defendant Probation. If your case carries a potential jail sentence, you CAN be sentenced to Jail.

Keep in mind that the Court can always sentence a Defendant to the maximum sentence allowed by law.

Keep in mind that the Court Does Not have to allow someone to perform community service in lieu of Jail.

Therefore, if you are charged with a crime, you should immediately contact an experienced Criminal Defense Attorney to discuss your case and to develop a customized Defensive Strategy for your particular facts.

I will post additional information regarding Nebraska crimes (both misdemeanor and felony), laws, procedures and their respective penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

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

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or visit my website at:

http://www.davidtighecriminaldefense.com/

I also have an additional Blog at:

https://davidwtighe.wordpress.com/

Twitter: @DavidTighelaw

Friday, January 30, 2015

Omaha Douglas County Dui Penalties (and surrounding Nebraska Counties) #OmahaDui

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

To schedule your consultation or discuss the facts and law of your case, feel free to contact me (cell) at 402-981-6327 or via email at David Tighe - Criminal Defense Attorney

-TIME IS OF THE ESSENCE-

Now On To Nebraska DUI Laws and Penalties.

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

Will I go to jail for a first offense Dui in the State of Nebraska?

The Short answer is- it depends on your situation and the Facts of your case. Going to Jail for a DUI in Omaha, Douglas County or Sarpy County or Washington County Nebraska or any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer and to Develop a Comprehensive Defense Strategy for your Case based on your Particular Facts.

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-(ALR) portion of a typical DUI case 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 month license revocation and a $500 fine (Not including additional court costs and fees)

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

There are specific rules and regulations regarding eligibility for, application for, approval of, and duration of time the Interlock device will be required. If you have been cited for DUI in Nebraska, you should know these rules, laws and regulations immediately-as this can greatly and potentially adversely affect your ability to drive (legally).

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

What is the Penalty for First Offense Aggravated Dui in the State of Nebraska?

First Offense DUI – Aggravated Dui Penalties (Defendant’s Bac was above 0.15) – Misdemeanor – First Offense Aggravated Dui is a Misdemeanor in the State of Nebraska.

Maximum: 60 days in jail. The Court will order a 1 year license revocation and a $500 fine

Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 1 year license revocation and a $500 fine

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

If The Court Grants Probation: You might still HAVE TO GO TO JAIL FOR AT LEAST 2 DAYS (Or More-up to the maximum allowed by Law). The Court will order a 1 year license revocation or impoundment and a $500 fine

However, the court will order at least 2 days in jail or not less than 120 hours of community service (The Court does NOT have to Allow Community Service).

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.

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

Second Offense Dui – Aggravated Dui (Defendant’s Bac was above 0.15) – Misdemeanor

Maximum: 1 year in jail

15 years license revocation

$1,000 fine (not including Court Costs and Fees and Etc, Etc).

Mandatory Minimum: 90 days in jail (Or More-up to the maximum allowed by Law)

1 years license revocation

$1,000 fine (not including Court Costs and Fees and Etc, Etc).

If The Court Grants Probation: 30 days in jail (Or More-up to the maximum allowed by Law)

1 to 15 year(s) license revocation or impoundment

$1,000 fine (not including Court Costs and Fees and Etc, Etc).

The court may order the person to apply for an ignition interlock after

45 days.

Keep in mind, the Court does not have to offer any Defendant Probation. If your case carries a potential jail sentence, you CAN be sentenced to Jail.

Keep in mind that the Court can always sentence a Defendant to the maximum sentence allowed by law.

Keep in mind that the Court Does Not have to allow someone to perform community service in lieu of Jail.

I will post additional information regarding Nebraska crimes (both misdemeanor and felony), laws, procedures and their respective penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

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

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or visit my website at:

http://www.davidtighecriminaldefense.com/

I also have an additional Blog at:

https://davidwtighe.wordpress.com/

Twitter: @DavidTighelaw

Omaha, Douglas County Nebraska Dui

Omaha Douglas County Dui (and surrounding Nebraska Counties)

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.

First and foremost, if you have been pulled over, cited or arrested you should immediately contact a Criminal Defense Attorney to discuss your particular situation and immediately work on developing a defense strategy for your case.

-TIME IS OF THE ESSENCE-

Nearly everyday I receive numerous phones regarding Dui cases in Omaha and surrounding areas. One of the easiest questions, as a defense lawyer, I get to answer is:

What is the difference between aggravated and non-aggravated Dui?

Aggravated and non aggravated refers to the level of alcohol (BAC) in the Defendant’s system.

BAC levels below .15 are considered non-aggravated

BAC levels above .15 are considered aggravated

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

I will post additional information regarding Nebraska crimes (both misdemeanor and felony), laws, procedures and their respective penalties in the near future.